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2021-08-10 Planning & Environment Committee Meeting Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   10 AUGUST 2021




                                                    Page 43 of 165

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 10 AUGUST 2021

             All monies payable to Council under this deed are payable free from all deductions
             at the address of Council specified in Schedule 1.
       8.4   Waiver
             No waiver by the Council of any breach by the applicant 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.
       8.5   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.
       8.6   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 severed or read down but so as to
             maintain and uphold so far as possible the remaining provisions of this deed.
       8.7   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.
       8.8   Further assurances
             Each party agrees at its cost to do everything reasonably necessary to give effect
             to this Deed.
       8.9   Amendment of deed
             (a)  Despite any provision of this Deed, the parties may at any time agree to vary
                  the terms of this Deed
             (b)  No modification, variation or amendment of this Deed is of any force or effect
                  unless:
                  (i)   it is in the form of an amendment Deed and has been signed by the
                        parties; and
                  (ii)  where relevant the amendment Deed complies with the requirements
                        of the Act.

                                                                                   Page 43 of 165
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