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

12.      Force Majeure

Neither party is liable for any failure to perform, or delay in performing, its obligations under this
Deed if that failure or delay is due to a Force Majeure Event.

12.1     However, the Affected Party must:

         (a)       notify the non-affected party in writing as soon as practicable, describing in a
                   reasonable level of detail the nature of the Force Majeure Event and its likely
                   effect on the Affected Party’s obligations under this Deed;

         (b)       continue to perform all unaffected obligations in accordance with this Deed;

         (c)       where possible, use reasonable endeavours to continue to perform the affected
                   obligations, whether by way of a work-around or other methods agreed with the
                   non-affected party;

         (d)       use reasonable endeavours to overcome the effects of the Force Majeure Event
                   as soon as possible (which may include negotiating, in good faith, revisions to
                   TN’s Agreed Obligations and KPIs in the short term); and

         (e)       Notify the non-affected party as soon as it is no longer affected by the Force
                   Majeure Event.

If the failure or delay resulting from the Force Majeure Event exceeds sixty (60) consecutive
days, either party may immediately terminate this Deed (without affecting the accrued rights and
obligations of the parties as at the date of termination) by giving written notice to the other party
without any liability to the other party for any loss or damage suffered as a result of the
termination. Termination shall be effective on and from the date the notice is given to the other
party.

12.2     In the event a party exercises its right to terminate this Deed pursuant to the preceding
         subclause, then any unspent portion of Funding already paid by Council to TN as at the
         date of termination under clause 0 shall be immediately repayable to Council by TN,
         and Council shall not be liable to pay any further instalments of Funding on and from the
         date the termination of this Deed is effective.

12.3     Council may demand, and TN must provide, any information required by Council to
         determine the quantum of the unspent portion of Funding payable to Council pursuant
         to clause 12.2 within five (5) Business Days of any demand made by Council under this
         clause.



13.      General Provisions

13.1     This Deed does not create any partnership, contract of employment or employment
         relationship, joint venture or relationship of principal and agent between the Parties, and
         neither Party has the authority to bind the other Party, pledge the credit of any Party or



 Tourism Noosa Funding Deed, 2026-29                                                           Page 17