2020-08-31 SM - Item 2 - Attachment 3 - Deed of Agreed Delivery Arrangement

Agreed Delivery Arrangement

11.3   Joint and severable liability

       If the Entity is more than one entity, then the provisions of this agreement bind the entities that
       are the Entity jointly and severally.

11.4   Waiver

       No waiver by the Administering Agency of any breach by the other parties of any of the
       provisions of this agreement shall be implied against the Administering Agency or be otherwise
       effective unless it is in writing under the hand of the Chief Executive Officer.

11.5   Laches and delay

       No laches or delay by the Administering Agency at any time or times in enforcing any of its
       rights, powers and the like under this agreement prejudice or affect those rights or powers.

11.6   Severance

       If any provision of this agreement cannot be given effect or full force and effect by reason of
       statutory invalidity that provision shall be severed or read down but so as to maintain and
       uphold so far as possible the remaining provisions of this agreement.

11.7   Warranty of authority

       Any person signing this agreement:

       (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 person; 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 agreement in that
                capacity.

11.8   Counterparts

       This agreement may be executed in counterparts. All executed counterparts constitute one
       document.

11.9   Further assurances

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

11.10 Force Majeure

       (a)      If a party is unable by reason of an event of Force Majeure to carry out its obligations
                under this agreement, 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 Administering Agency are dependent upon the occurrence
                of specified circumstances, then the Administering Agency will be relieved of its



HopgoodGanim Lawyers                                                                            Page 8 of 12
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