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132001.210127.3 - Change To Development Approval - Changing Shared Rooms To Single Rooms - Ozcare - 100 Cooyar Street, Noosa Heads · Attachment 3 - 132001.210127.3 - Infrastructure Agreement

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      (v)      prepare a Maintenance Plan and Construction Management Plan for the
               works being undertaken on the Council Land to be approved by Council prior
               to the commencement of works.

IT IS AGREED

1.    INTERPRETATION

1.1   Nature of Deed

      This deed accords with Clause 2.

1.2   Commencement

      This deed commences on the Commencement Date.

1.3   Interpretation

      (a)      In this deed, unless a contrary intention appears, reference to:

               ( i)     a clause is to a clause in this deed; and

               (ii)     the singular includes the plural and vice versa; and

               (iii)    any gender includes all other genders; and

               (iv)     a person includes a firm, a corporation, an association and a body,
                        whether incorporated or not and a government or statutory entity or
                        authority; and

               (v )     legislation (including subordinate legislation) includes:

                        (A)      statutory instruments under the legislation; and

                        (B)      consolidations,   amendments,        re-enactments       or
                                 replacements of the legislation; and

               (vi)     writing includes any mode of representing or reproducing words in
                        tangible and permanently visible form and includes facsimile
                        transmission; and

               (vii)    this or any other deed includes the deed as varied or replaced and
                        is not affected by any change in the identity of the parties; and

               (viii)   a day is a Calendar Day

      (b)      Whenever more persons than one constitute a party, all the covenants,
               deeds, conditions, restrictions and provisos on the part of that party
               contained or implied in this deed bind those persons jointly and each of them
               severally.

      (c)      This deed is in all respects to be interpreted in accordance with the laws of
               the State of Queensland, and the parties irrevocably and unconditionally
               submit to the non-exclusive jurisdiction of the courts of that state and any
               courts which have jurisdiction to hear appeals from them, and waive any
               right to object to proceedings being brought in those courts.


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ATTACHMENT 3 - 132001.210127.3 - INFRASTRUCTURE AGREEMENT.pdf · 450 KB (small file)

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