NC Infrastructure deed signed

 

10.4

10.5

10.6

10.7

10.8

10.9

Waiver

No waiver by the Council of any breach by the Proponent or Owner of any of
the provisions of this Deed shall be implied against the Council or be otherwise
effective unless it is in writing under the hand of the Chief Executive Officer.

Laches and delay

No laches or delay by the Council at any time or times in enforcing any of its
rights, powers and the like under this Deed prejudice or affect those rights or
powers.

Severance

If any provision of this Deed cannot be given effect or full force and effect by
reason of statutory invalidity that provision shall be served or read down but so
as to maintain and uphold so far as possible the remaining provisions of this
deed.

Warranty of authority
Any person signing this Deed:

(a) as attorney of any party warrants to the other parties that at the date of
execution that person has not received any notice or information of the
revocation of the power of attorney appointing that persons; and

(b) as an authorised officer, agent or trustee of any party warrants to the
other parties that at the date of execution that person has full authority
to execute this deed in that capacity.

Further assurances

Each party agrees at its cost to do everything reasonably necessary to give
effect to this deed.

Force Majeure

(a) If a party is unable by reason of an event of Force Majeure to carry out
its obligations under this Deed, that party must give a Notice to the
other party advising of the event of the Force Majeure as soon as it is
reasonably practicable after the event of a Force Majeure.

(b) If a party gives a Notice advising of an event of Force Majeure, that
party's obligations will be suspended during the period for which the
event of Force Majeure or its effect extends.

(c) Where the obligations of the Council are dependent upon the
occurrence of specified circumstances, then the Council will be relieved
of its obligations for so long as there is a change or deviation or non-
occurrence of those circumstances arising from a matter beyond the
Council’s Control.

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