2020-08-31 SM - Item 2 - Attachment 2 - Infrastructure Agreement

                                              Title Reference [to issue]



1.   DEFINITIONS
     In this Easement unless the contrary intention appears:
     (a)     Benefited Land means the land described as the dominant tenement in item 2 of the Form 9 in this
             Easement and includes any lot created by the subdivision or reconfiguration that land or a part of that land.
     (b)     Burdened Land means the land described as the servient tenement in item 2 of the Form 9 in this
             Easement and includes any lot created by the subdivision or reconfiguration of that land or a part of that
             land.
     (c)     Grantee means the registered proprietor from time to time of the Benefited Land.
     (d)     Grantor means the registered proprietor from time to time of the Burdened Land.

2.   RULES FOR INTERPRETING THIS DOCUMENT
     Headings are for convenience only and do not affect the interpretation of this document. The following rules also
     apply in interpreting this document, except where the context makes it clear that a rule is not intended to apply.
     (a)     A reference to:
             (i)      legislation (including subordinate legislation) is to that legislation as amended, re-enacted or
                      replaced, and includes any subordinate legislation issued under it;
             (ii)     a document or agreement, or a provision of a document or agreement, is to that document,
                      agreement or provision as amended, supplemented, replaced or novated;
             (iii)    a party to this document, or a party to any other document or agreement, includes that party’s
                      executors, administrators, successors in title, permitted substitutes or permitted assigns;
             (iv)     a person includes any type of entity or body of persons, whether or not it is incorporated or has a
                      separate legal identity, and any executor, administrator or successor in law of the person;
             (v)      anything (including a right, obligation or concept) includes each part of it;
             (vi)     the words ‘in writing’ include any communication sent by letter or fax;
             (vii)    any body or agency, if that body or agency ceases to exist, is renamed, reconstituted, replaced or
                      has its powers or functions removed (‘defunct body’), means the agency or body which performs
                      most closely the functions of the defunct body;
             (viii)   AUD$, A$, $A, dollar or $ is to Australian currency;
             (ix)     time is to Queensland time.
     (b)     A singular word includes the plural, and vice versa.
     (c)     The word ‘month’ means a calendar month and the word ‘year’ means twelve months.
     (d)     A word which suggests one gender includes any other genders.
     (e)     If a word is defined, another part of speech has a corresponding meaning.
     (f)     If an example is given of anything (including a right, obligation or concept), such as by saying it includes
             something else, the example does not limit the scope of that thing.
     (g)     Any agreement, representation, warranty or indemnity by two or more parties (including where two or more
             persons are included in the same defined term) binds them jointly and severally.
     (h)     Any agreement, representation, warranty or indemnity in favour of two or more parties (including where two
             or more persons are included in the same defined term) is for the benefit of them jointly and severally.
     (i)     Words defined in the GST law have the same meaning in this document unless the content makes it clear
             that a different meaning is intended.




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