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

                                      means anything beyond a party’s (the “Affected Party”)
                                      reasonable control that occurs without the fault or negligence of
                                      that party, including, but not limited to, fire, storm, flood,
         Force Majeure                earthquake, disaster, explosion, war, terrorism, invasion,
         Event                        rebellion, sabotage, pandemic, epidemic, supply shortage, law,
                                      rule or regulation of any government or governmental agency,
                                      and executive or administrative order or act of general or
                                      particular application.


                                      means the amount of $2,000,000 (excluding GST) per annum,
         Funding                      payable by Council to TN during the Term in accordance with
                                      clause 2.1 of this Deed.


                                      means a further successive period of up to three (3) years
         Further Term                 beyond 30 June 2029, if elected and notified by Council in
                                      accordance with clause 3.1


                                      means all copyright, trademark, design, patents or any other
         Intellectual                 intellectual property rights, or rights to registration of such rights
         Property                     existing in Australia or elsewhere or as protected by legislation,
                                      whether created before, on or after the Effective Date.


                                      means the measurable performance indicators and associated
         Key Performance              targets set out in Schedule 2 (Performance Scorecard), against
         Indicators (KPIs)            which TN’s performance will be assessed for the purposes of
                                      determining any Performance Adjustment.


                                      means any part of the Funding that is used, spent, committed, or
                                      otherwise applied for a purpose that is not:

                                          i)       a legitimate organisational expense; or

                                          ii)      reasonably and properly incurred in delivering the
         Misapplied Funds
                                                   Agreed Obligations and KPIs or performing TN’s
                                                   obligations under this Deed;

                                          and includes any expenditure that is unauthorised, unlawful,
                                          improper, outside the scope of this Deed or inconsistent with
                                          the approved Destination Noosa Strategy.




Tourism Noosa Funding Deed, 2026-29                                                                   Page 4