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

              2.1.3.   a reference to an item, clause or schedule is a reference to an item, clause
                       of or schedule to the Agreement and references to the Agreement includes
                       its schedules and annexures;
              2.1.4.   where a word or phrase is given a particular meaning, other parts of speech
                       or grammatical forms of that word or phrase have corresponding meanings;
              2.1.5.   a reference to a document or Agreement including this Agreement includes
                       a reference to that document or Agreement as amended, novated,
                       supplemented, varied or replaced from time to time;
              2.1.6.   unless a contrary intention appears, expressions and terms expressly used
                       in this Agreement which are defined in the law as at the date of these
                       Agreement have the same meanings as have been ascribed to them in the
                       law as at the date of the Agreement;
              2.1.7.   a reference to a statute, regulation, ordinance, code or other law or section
                       or schedule of a statute, regulation, ordinance, code or other law includes all
                       statutory instruments or regulations issued under any of them and any
                       statutory modification or re-enactment, or substitution, of any of them;
              2.1.8.   where a Party comprises two (2) or more persons, an Agreement or
                       obligation to be performed or observed by that Party binds those persons
                       jointly and severally and a reference to that Party includes a reference to any
                       one or more of those persons;
              2.1.9.   Headings are for convenience only and do not affect the interpretation of the
                       Agreement;
              2.1.10. The Agreement may not be construed adversely to a Party just because that
                      Party prepared it;
              2.1.11. Where the day on or by which something must be done is not a business
                      day, that thing must be done on and/or by the following business day;
              2.1.12. All monetary amounts are in Australian dollars.


3.   RELATIONSHIP BETWEEN THE PARTIES
              The Agreement does not result in the formation of any relationship of employer and
              employee, partnership, agency, or franchise.
              Each Party is solely responsible for payment to their own employees, contractors,
              subcontractors and agents for any and all amounts due and payable by way of salary,
              superannuation, leave entitlements, allowances or such other benefits that those
              employees, contractors, subcontractors and agents might be entitled to.
              Each Party is required to comply with all applicable legislation in respect of their
              employees, contractors and agents at their own cost.
              Each Party must comply at their own cost and expense with any Acts, Rules,
              Regulations, Industry Codes, Australian Standards, and other legal requirements
              imposed by government departments, bodies or authorities.
              To be clear, TNC has no authority to engage the services of any person or entity as
              an employee, contractor to, or agent of, Noosa Council.


Alliance and Funding Agreement                                                           Page 5 of 25