Meeting papers

Page 335 of 518

HWL
                                                                                 EBSWORTH

                    (i)     will be of no force nor effect unless it is consented to in writing by the
                            Parties to this document or, in the case of a waiver, by the Party giving.
                            it; and
                   (ii)    will be effective only to the extent to, or for, which it is made or given.
                                    (b)    Any oral variation, modification or waiver of any
                                            provision in this document, or consent to any departure
                                            by a Party from a provision, shall be of no force or effect
                                            until consented to in writing by the Parties to this
                                            document.

    10.4   Warranties

                                    (a)     Each Party to this document warrants to the other Party
                                           that:
                   (i)     there is no impediment to them entering into this document;
                   (ii)    they have relied upon their own enquiries and have not entered into this
                           document in reliance on, or as a result of, any representation, promise,
                           statement, conduct or inducement by, or on behalf of, any other Party
                           except as set out in this document;
                   (iii)   they have taken, or have had the opportunity to take, independent legal
                           advice as to the nature, effect and extent of this document.
                                   (b)      Each person signing this document as an authorised
                                           officer or agent or otherwise on behalf of any Party, by
                                           doing so, warrants to the other Party that, as at the date
                                           of signing, the person has full authority to execute this
                                           document on behalf of that Party.
                                   (c)      Each Party is aware that the other Party has relied upon
                                           the above warranties in entering into this document.

   10.5    Severance

                                   (a)     The covenants, undertakings and conditions contained
                                            in this document are severable and shall be so
                                           construed as not to infringe any laws that may affect
:                                          this document.
 .                                 (b)      If such covenant, undertaking or condition on its true
                                            interpretation is found to infringe any such laws, the
                                           covenant, undertaking or condition shall be read down
                                           to the extent as may be necessary to ensure that it
                                           does not infringe any such law.
                                   (c)      In the event that the infringing covenant, undertaking or
                                           condition cannot be read down, it shall be deemed void
    Tourism Noosa Funding Deed                                                               Page 10
    Endorsed Ordinary Meeting- 20 April 2023
    ECM: 22408732

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