2021-06-08 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA      8 JUNE 2021




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                   8 JUNE 2021

      10   TERMINATION FOR FAULT
      10.1 Right to terminate for default
      In addition to the right to terminate provided for elsewhere in this Agreement, the Council may
     terminate this Agreement with immediate effect by giving notice to NBRF if:
      a) | NBRF breaches any provision of this Agreement and fails to remedy the breach within 30
           days, or such longer period as Council stipulates, after receiving notice requiring it to do so;
      b) | NBRF breaches a material provision of this Agreement and that breach is not, in the opinion of
           the Council, capable of remedy;
      Cc)  NBRF notifies the Council that the NBRF program is not to proceed; or
      d)   NBRF becomes insolvent, subject to administration, unable to meet its debts, or decides to
           wind up itself or the Trust.
      10.2 Obligation upon termination
      On receipt of a notice of termination or reduction of the Funding, NBRF must:
      a)   Stop or reduce the performance of NBRF's obligations related to the Funding as specified in
           the notice;
      b)   Take allavailable steps to minimise loss resulting from the termination or reduction;
     Cc)   Continue work on any part of the NBRF program not affected by the notice; and
      d)    Immediately return to Council any Funding relating to the part of the NBRF program affected
            by the notice and that has not inthe Council's opinion:
            i)   Been spent in accordance with this Agreement; or
            ii)  Been committed by NBRF in accordance with this Agreement and is payable as a
                 current liability,
            Or otherwise deal with any Funding held by NBRF as directed by the Council.
      10.3 Council's liability upon termination for default
      Where Council terminates this Agreement under clause 10, the Council:
      a)    Will be liable only for payments due and owing to NBRF under the payment provisions of this
            Agreement as at the date of the notice; and
      b)    Will be entitled to recover from NBRF:
          i)    Any part of the Funding which has not been legally committed for expenditure by NBRF in
                 accordance with this Agreement and is not payable for NBRF as a current liability by the
                 date of the notice of termination is received; or
           ii)  Any part of the Funding which has not, in the Council's opinion, been spent by NBRF in
                 accordance with this Agreement; and
           iii) | Where NBRF becomes liable to repay the Funds to the Council under clause 7.2.
     10.4 Preservation of other rights
     Clause 10 does not limit or exclude any of the Council's rights under this Agreement.

     11    DISPUTE RESOLUTION AND MEDIATION
     Both parties shall make genuine efforts to resolve any dispute arising out of, or in connection with this
     Agreement by negotiation and discussion. If the parties are unable to resolve a dispute within 14 days,
     then the dispute shall be referred to an agreed, qualified independent person to mediate between both
     parties. In the event the parties are unable to agree on the independent person, either party may refer
     this matter to the President of the Queensland Law Society to nominate an appropriate person.

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