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

                              (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 document in that capacity.

                     9.8      Further assurances

                              Each party agrees at its cost to do everything reasonably necessary to give effect to this document,

                     9.9      Force Majeure

                              (1)      If a party is unable by reason of an event of Force Majeure to carry out its obligations under this
                                       document, that party must give a Notice to the other party advising of the event of Force Majeure
                                       as soon as it is reasonably practicable after the event of Force Majeure.

                              (2)      If a party gives a Notice advising of an event of Force Majeure, that party's obligations will be
                                       suspended during the period for which the event of Force Majeure or its effect extends.

                              (3)      Where the obligations of the Council are dependent upon the occurrence of specified
                                       circumstances, then the Council will be relieved of its obligations for so long as there is a change
                                       or deviation or non-occurrence of those circumstances arising from a matter beyond the
                                       Council’s control.

                     9.10     Amendment of document

                              (1)      Despite any provision of this document, the parties may at any time agree to vary the terms of
                                       this document.

                              (2)      No modification, variation or amendment of this document is of any force or effect unless it is in
                                       the form of a deed signed by the parties.

                     9.11     Entire agreement

                              (1)      This document constitutes the entire agreement between the parties and supersedes all
                                       communications, negotiations, arrangements and agreements either oral or written between the
                                       parties with respect to the subject matter referred to in the document.

                              (2)      To the extent permitted by law, any statement, representation or promise made in any negotiation
                                       or discussion has no effect except to the extent expressly set out or incorporated by reference in
                                       this document.

                              (3)      Each party acknowledges and agrees that it does not rely on any prior conduct or representation
                                       by the other party in entering into this document.

                     9.12     Governing law and jurisdiction

                              The law of Queensland governs this document. Each party irrevocably submits to the exclusive
                              jurisdiction of the Queensland courts and courts competent to hear appeals from those courts.

                     9.13     Counterparts

                              This document may be executed in any number of counterparts and by the parties on separate
                              counterparts. Each counterpart constitutes the agreement of each party who has executed and delivered
                              that counterpart.




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