2019-07-15 GC Agenda - Attachment 1 to Item 8 - Alliance and Funding Agreement - TNC and Noosa Council

               15.2.2. If the Executive Level Forum is unable to resolve the dispute within
                       15 business days from the receipt of the Dispute Notice, the dispute will
                       be referred to:
                            a)   for Noosa Council, the person holding the position of Chief
                                 Executive Officer (or equivalent); and
                            b)   for TNC, the person holding the position of Chief Executive Officer
                                 (or equivalent).
               15.2.3. If the dispute is not resolved within 15 business days after its referral to
                       the representatives of each of the Parties under clause 15.2.2, either
                       Party may refer the dispute to a mediator agreed by the Parties or failing
                       agreement by the President for the time being of the Queensland Law
                       Society Incorporated, with costs of the mediator to be shared equally
                       between the Parties. Mediation is to be conducted in Noosa, unless the
                       Parties and the mediator agree otherwise.


16.   NOTICES
      Unless otherwise provided, any notice required by this Agreement will be deemed properly
      given on the date it is delivered via email (see below), to an overnight courier service, or
      deposited by registered or certified mail, postage prepaid, addressed to:
      If to Noosa Council:
      Noosa Council
      PO Box 141
      Tewantin QLD 4565
      Attn: Kim Rawlings
      Email: [email protected] & [email protected]


      If to TNC:
      The Nature Conservancy
      60 Leicester Street
      Carlton VIC, 3053
      Attn: Chris Gillies
      Email: [email protected]


17.   TERMINATION AND LIABILITY
                Either Party may terminate this Agreement only for a material breach of this
                Agreement, having first provided written notice explaining the nature of the breach
                and allowing either Party at least thirty (30) days from the notice to cure the breach,
                or if the breach is of a nature that cannot be cured within thirty days, to begin efforts
                which if completed would cure the breach within a reasonable period.
                A Party may choose to terminate the Agreement by notice in writing to the other Party
                in circumstances where the other Party experiences an Insolvency Event.


Alliance and Funding Agreement                                                             Page 14 of 25