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

Agreed Delivery Arrangement

       If the Administering Agency grants its consent, the Administering Agency may impose
       conditions for the giving of such consent which are not inconsistent with the provisions of this
       agreement.


8.     Default by Entity

8.1    Rights of the Administering Agency on default

       If the Entity has breached clause 3.1, 4, 6(a) or 7 of this agreement, the Administering Agency
       may elect, in its absolute discretion and without limiting any other rights, to do one or more of
       the following:

       (a)     pursue contractual remedies for breach of this agreement; or

       (b)     exercise any of its powers pursuant to Chapters 5 and 6 of Planning Act.

8.2    Rights of Entity on default

       If the Administering Agency has breached clause 3.2, 5 or 6(b) of this agreement, the Entity
       may pursue contractual remedies for breach of this agreement.


9.     Mediation

9.1    Negotiation and good faith

       If a dispute arises between the parties, then prior to initiating any court action, the parties must
       meet and in good faith attempt to resolve the dispute.

9.2    Parties to mediate

       (a)     If the parties fail to resolve the dispute within 10 Business Days of the dispute arising,
               then the parties must submit to the mediation of the dispute by a mediator appointed
               by the President for the time being of the Queensland Law Society.

       (b)     The mediator's fees shall be borne equally by the parties.


10.    Service

       A notice is sufficiently made, given or served by a party if left at or forwarded by prepaid post
       in an envelope addressed to the other party or any of them (where there are more persons
       than one person comprising the other party) at the address of that party shown specified in the
       Notice details clause.


11.    Miscellaneous

11.1   Payment of costs

       Each party bears its own costs.

11.2   Time

       Time is, in all cases, of the essence.



HopgoodGanim Lawyers                                                                            Page 7 of 12
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