FURTHER REPORT - TOURISM NOOSA FUNDING AND PERFORMANCE DEED 2026–2029 · Attachment 1 - 29-05-2026_TN Funding Deed_FINAL

         directly associated with winding up TN, with these costs to be applied if approved in
         writing by Council under clause 11.



10.      Confidentiality

10.1     A Party must not, without the prior written consent of the other, disclose Confidential
         Information to any other person or entity, except where the disclosure is required for the
         proper performance of obligations under this Deed or otherwise as required or permitted
         by law.

10.2     On expiration of the Term or earlier termination of this Deed, a party must, at the
         request of the other party, immediately return the Confidential Information to the first
         party or destroy the Confidential Information (as the first party directs) and certify to the
         first party in writing that it has complied with this clause.



11.      Contingency Fund

11.1     Maintenance of Contingency Fund

         (a)       TN will maintain at all times a Contingency Fund at a balance that is no less
                   than $200,000 throughout the term of this Deed, subject to the conditions set
                   out in this clause 11.1.

         (b)       Amounts may be withdrawn from the Contingency Fund on the following
                   conditions:

                         (i)       TN must request Council’s approval for any withdrawal of any
                                   amount from the Contingency Fund, and provide reasons to
                                   Council for the request, as well as a proposal for the
                                   reimbursement of any such funds back into the Contingency Fund
                                   within a proposed period (Request); and

                         (ii)      Council may approve or decline the Request in writing, in its
                                   absolute discretion;

                         (iii)     In exercising its discretion under clause 11.1(b)(ii), Council must
                                   act reasonably and in good faith.

         (c)       Council must respond in writing to a Request under clause 11.1(b)(i) above
                   within 5 Business Days of receiving the Request.




 Tourism Noosa Funding Deed, 2026-29                                                               Page 16