2021-08-16 GC Agenda - Item 7 - Attachment 3 - MCU20-0072 - Deed of Agreement

                    8.3       Proof of service

                              In proving service of a Notice made, given or served by the Council it is only necessary for the Council to
                              certify to that effect under the hand of the Chief Executive Officer.

                    8.4       Form of Notice

                              (1)      A Notice given by a party must be in writing and signed by the party.

                              (2)      A Notice given by a party may be signed by an officer of that party or the solicitor for that party.

                              (3)      A party receiving a Notice is not obliged to enquire as to the authority of the person signing the
                                       Notice.

                    9.        MISCELLANEOUS

                    9.1       Payment of costs

                              The Applicant shall pay the Council’s legal costs of and incidental to the preparation and execution of this
                              Document on a solicitor own client basis.

                    9.2      Time

                             Time is, in all cases, of the essence.

                    9.3       Extension of time

                             The parties may agree to extend a time stated in this document by giving to each other a Notice which
                             states the extended time.

                    9.4      Waiver

                              No waiver by the Council of any breach by the Applicant of any of the provisions of this document is to be
                              implied against the Council or be othenwise effective unless it is in writing under the hand of the Chief
                              Executive Officer,

                    9.5       Laches and delay

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

                    9.6       Severance

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

                    9.7      Warranty of authority

                             Any person signing this document:

                              (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




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Document Set ID: 21573773
Version: 1, Version Date: 30/07/2021