2021-03-15 GC Agenda - Item 9 - Attachment 5 - MCU19-0114 & RAL19 0027 Infrastructure Agreement (44 pages)

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                10.         Time
                10.1        Time of the essence
                            Time is, in all cases, of the essence.
                10.2        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.


                11.         Counterparts
                11.1        Document may consist of counterparts
                            This document may consist of a number of counterparts, each of which when
                            executed shall be an original and all the counterparts together shall constitute
                            one and the same instrument.
                11.2        Exchange of a counterpart
                            A party who has executed a counterpart of this document may exchange that
                            counterpart with another party by faxing it or emailing it to the other party
                            and, if that other party requests it, promptly delivering that executed
                            counterpart by hand or post to the other party. However, the validity of this
                            document is not affected if the party who has faxed or emailed the
                            counterpart delays in delivering or does not deliver it by hand or by post.


                12.         Further action
                12.1        Action to give effect to this document
                            A party is to do at its cost everything reasonably necessary to effect, perfect
                            or complete this document and a transaction incidental to this document.
                12.2        Further action if a clause is invalid, illegal or unenforceable
                            The parties are to use their best endeavours including the preparation,
                            negotiation and execution of a further document to ensure that the object of
                            a clause or part of a clause which is held by a court to be invalid, illegal or
                            unenforceable is substantially achieved.


                13.         Severance
                13.1        Removal from this document
                            A clause or part of a clause which is held by a court to be invalid, illegal or
                            unenforceable is to be treated as removed from this document.
                13.2        Effect of removal on this document
                            The remaining clauses are not affected by:
                            (a)        the invalidity, illegality or unenforceability of a clause or part of a clause;
                                       or




Document Set ID: 21379346
Version: 1, Version Date: 27/01/2021