MCU14/0053 - Response to information request

10.4     Waiver

       No waiver by the Council of any breach by the Proponent or Owner of any of
       the provisions of this Deed shall be implied against the Councilor be otherwise
       effective unless it is in writing under the hand of the Chief Executive Officer.

10.5     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.

10.6     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 served or read down but so
       as to maintain and uphold so far as possible the remaining provisions of this
       deed.

10.7     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.

10.8     Further assurances

       Each party agrees at its cost to do everything reasonably necessary to give
       effect to this deed.

10.9     Force Majeure

       (a)    If a party is unable by reason of an event of Force Majeure to carry out
              its obligations under this Deed, that party must give a Notice to the
              other party advising of the event of the Force Majeure as soon as it is
              reasonably practicable after the event of a Force Majeure.
       (b)    If a party gives a Notice advising of an event of Force Majeure, that
              party's obligations will be suspended during the period for which the
              event of Force Majeure or its effect extends.
       (c)    Where the obligations of the Council are dependent upon the
              occurrence of specified circumstances, then the Council will be relieved
              of its obligations for so long as there is a change or deviation or non-
              occurrence of those circumstances arising from a matter beyond the
              Council's Control.




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