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

    12   GENERAL PROVISIONS
    12.1 Audit and access
    a) | NBRF agrees to give Council, or any persons authorised in writing by the Council, access to the
         premises where obligations under this Agreement are being carried out.
    b) | NBRF agrees to permit those persons to inspect and take copies of any material relevant to this
         Agreement.
    12.2 Insurance
    a)    NBRF agrees:
         i)    To effect and maintain adequate liability insurances specific to the operation of a Company,
               and as a minimum, public liability, product and director & officer liability, volunteers and
               employee work cover.
         ii)   On request to provide proof of insurance acceptable to Council for its purposes under
               this Agreement.
    b)   This clause continues in operation for so long as any obligations remain in connection with this
         Agreement.
    12.3 Relationship of parties
    a)    NBRF is not by virtue of this Agreement an officer, employee, partner or agent of the Council,
          nor does NBRF have any power or authority to bind or represent the Council. Also, and for the
          avoidance of doubt, the parties to this Agreement:
        i)     Are not carrying on a business in common with a view to profit; and
         ii)   Do not, and do not intend to, share any profits made by the use of anything held or owned
               jointly or in common.
    b)    NBRF agrees:
         i)    Not to misrepresent itsrelationship with Council; and
         il)   Not to engage in any misleading or deceptive conduct in relation to the NBRF program.
    12.4 Waiver
    a)  A failure or delay by a party to exercise any right or remedy it holds under this Agreement or at
          law does not operate as a waiver of thatright.
    b)   A single or partial exercise by a party of any right or remedy it holds under this Agreement or at
         law does not prevent the party from exercising the right again or to the extent it has not fully
         exercised the right.
    12.5 Assignment
    NBRF cannot assign its obligations, and agrees notto assign its rights, under this Agreement without
    the Council's prior written approval.
    12.6 Applicable law and jurisdiction
    a)  | This Agreement is to be construed in accordance with, and any matter related to it is to be
          governed by, the law of Queensland.
    b)    The parties submit to the jurisdiction of the courts of that State.
    12.7 Survival
    All of the provisions of clause 8 of this Agreement shall survive the termination of this Agreement.
    12.8 Amendments
    This Agreement can only be amended by an instrument in writing signed by both parties.

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