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

Agreed Delivery Arrangement

       (i)     This agreement is in all respects to be interpreted in accordance with the laws of the
               State of Queensland, and the parties irrevocably and unconditionally submit to the non-
               exclusive jurisdiction of the courts of that state and any courts which have jurisdiction
               to hear appeals from them, and waive any right to object to proceedings being brought
               in those courts.

       (j)     Nothing contained in this agreement affects, prejudices or derogates from the
               requirements of any statute or from the rights, powers and authorities of the
               Administering Agency under the provisions of any statute or under any declared policy
               of the Administering Agency.

       (k)     An inclusive definition, or an example or particularisation of a provision, does not limit
               but may extend that definition or provision.

       (l)     Where a word or expression is defined, other parts of speech and grammatical forms
               of that word or expression have a corresponding definition.

       (m)     All schedules to this agreement form part of this agreement and a reference to an item
               is a reference to an item in the schedule.

1.3    Other expressions

       If a term is not defined in this agreement it shall unless the context otherwise requires, have
       the meaning given to it by:

       (a)     the EO Act; or

       (b)     the Macquarie Dictionary in the absence of a definition in the EO Act.


2.     Acknowledgements

2.1    Commencement

       This agreement commences on the date the last party executes this agreement.

2.2    Application of the EO Act

       This agreement is intended to constitute an agreed delivery arrangement under section 19(4)
       of the EO Act.

2.3    Authority Offset Condition attaching to the land

       (a)     The parties acknowledge that this agreement gives effect to an agreement reached
               between the Administering Agency and the Entity about the delivery of the Authority
               Offset Condition.

       (b)     The parties acknowledge that the Authority attaches to the Land and binds the Owner
               and the Owner’s successors in title and any occupier of the Land pursuant to section
               73 of Planning Act.

2.4    Conditions precedent

       (a)     This agreement is subject to and conditional on:

               (1)     each party unconditionally delivering a full and validly executed agreement or
                       counterpart of this agreement to the other party; and



HopgoodGanim Lawyers                                                                            Page 4 of 12
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