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NC Infrastructure deed signed

Attached to the e-mail MCU14/0053 - 15 Noosa Drive - Response to noosa Council information request.

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5.5

5.6

5.7

5.8

 

6.1

 

Tax invoices

The recipient is not required to pay the GST Amount until the supplier has
provided the recipient with a tax invoice in respect of the taxable supply. If the
supplier has not provided the recipient with a tax invoice prior to the time that
the GST Amount is otherwise payable under this clause, the recipient must pay
the GST Amount within five days of the receipt of the tax invoice.

Adjustment events

If at any time an adjustment event arises in respect of a taxable supply made
by a supplier under this Deed the supplier will provide the recipient with an
adjustment note for the adjustment immediately upon becoming aware of the
adjustment. Where such an adjustment event arises, a corresponding
adjustment will be made to the GST Amount and a payment will be made by
the recipient to the supplier or the supplier to the recipient as the case requires.

Reimbursements

Where a party is required under this Deed to pay for or reimburse an expense
or outgoing of another party, the amount to be paid by the first party is the sum
of:

(a) the amount of the expense or outgoing less any input tax credits in
respect of the expense or outgoing that the other party is entitled to; and

(b) if the payment by the first party is consideration for a taxable supply, an
amount equal to the GST payable by the other party in respect of the
payment.

Representatives

In the event that liability for payment of GST in respect of a supply under this
Deed is imposed upon a representative of a supplier, this Clause 5 (Goods and
Services tax) shall nonetheless apply and any amounts to be calculated
pursuant to this clause shall be calculated in all respects as if the supplier was
liable for the GST imposed on such supply and entitled to input tax credits
properly allocated to the making of that supply.

Pay As You Go (“PAYG”)
PAYG instalments will be deducted from payments to be made to the Claimant
if at the time of payment the Claimant has not provided to the Council a valid
Australian Business Number or if the Council otherwise reasonably forms the
view that deductions are required to be made under Par 2-5 of the Taxation
Administration Act 1953.
DEFAULT BY OWNER OR PROPONENT

Rights of the Council on default

If the Proponent or Owner fails to duly perform and fulfil any or all of its
obligations under Clause 4 the Council may recover from the Owner in respect

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