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2020-09-08 Planning & Environment Committee Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   8 SEPTEMBER 2020




                                                     Page 110 of 154

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  8 SEPTEMBER 2020

        8.3   Place for payment of monies
              All monies payable to Council under this deed are payable free from all deductions
              at the address of Council specified in Schedule 1.
        8.4   Waiver
              No waiver by the Council of any breach by the applicant or owner of any of the
              provisions of this Deed shall be implied against the Council or be otherwise
              effective unless it is in writing under the hand of the Chief Executive Officer.
         8.5  Laches and delay
              No laches or delay by the Council at any time or times in enforcing any of its rights,
              powers and the like under this Deed prejudice or affect those rights or powers.
         8.6  Severance
              if any provision of this Deed 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 deed.
         8.7  Warranty of authority
              Any person signing this Deed:
              (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 persons; 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 deed in that capacity.
         8.8  Further assurances
              Each party agrees at its cost to do everything reasonably necessary to give effect
              to this Deed.
         8.9  Amendment of deed
              (a)   Despite any provision of this Deed, the parties may at any time agree to vary
                    the terms of this Deed
              (b)   No modification, variation or amendment of this Deed is of any force or effect
                    unless:
                    (i)   it is in the form of an amendment Deed and has been signed by the
                          parties; and
                    (ii) where relevant the amendment Deed complies with the requirements
                          of the Act.

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                                                                                      Page 110 of 154
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