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

                                                Title Reference [to issue]



3.    GRANT OF EASEMENT
3.1   Access
      The Grantor grants to the Grantee and the public, the non-exclusive right for the Grantee and the public to pass
      and re-pass as pedestrians over, along and upon the Burdened Land for access in common with the Grantor and
      its employees, agents, visitors and invitees.

4.    RESTRICTION ON USE
      Each of the Grantor and Grantee must:

      (a)       not do any act likely to jeopardise or prejudicially affect the safety or reliable working of the access way
                and must at all times refrain from using the Burdened Land in a manner likely to obstruct or
                unreasonably hinder access to it by any other party; and
      (b)       cause as little inconvenience as is practical and minimise any interference to each other’s use of the
                Burdened Land.

5.    NO CONSTRUCTION ON RIGHT OF CARRIAGEWAY
      The Grantor must not construct nor allow to be constructed any building or structure on the Burdened Land without
      the Grantee’s consent that would impact the 3m pedestrian pathway.

6.    REPAIR OBLIGATION
      (a)       The Grantor must keep the Burdened Land in good and proper repair and in a condition suitable for the
                purposes of the grant under this easement.
      (b)       A party must pay the costs of any repair or maintenance of the Burdened Land or the Services caused
                by the deliberate or negligent act of one party.
      (c)       In the absence of a deliberate or negligent act by one party, the Grantor shall bear all costs associated
                with the repair and maintenance of the Burdened Land and the Services.

7.    NOTICES
      Any notice to be given by any party to another party under this document shall be deemed to be duly served if
      delivered to the party personally or if the party is a corporation then to any person at its registered office in the state
      of its incorporation appearing to be a servant or agent of that party or sent to the party through the post in a
      registered envelope addressed to the party's registered office in the state of its incorporation and in the latter case
      service shall be deemed to have been effected on the day which is 2 business days following the posting thereof.

8.    COSTS
8.1   Costs of Document
      (a)     Each party must pay its own costs in relation to the preparation, negotiation and execution of this document;
              and
      (b)     The Grantor must pay any stamp duty on this document.

9.    MISCELLANEOUS
9.1   Partial exercising of rights
      If a party does not exercise a right or remedy fully or at a given time, the party may still exercise it later.
9.2   Remedies cumulative
      The rights and remedies provided in this document are in addition to other rights and remedies given by law
      independently of this document.
9.3   Amendment




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