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

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                            (b)        the removal of a clause or part of a clause from this document.
                13.3        Further action on removal
                            The parties are to use their best endeavours to satisfy the intent of this
                            document as stated in clause 1.5, for a clause or part of a clause which is
                            held by a court to be invalid, illegal or unenforceable, to the extent that it is
                            possible having regard to the relevant court judgment.


                14.         Notice
                14.1        Form of a Notice
                            (a)        A Notice given by a party is to be:
                                       (i)    in writing;
                                       (ii)   signed by the party; and
                                       (iii) marked for the attention of the relevant person.
                            (b)        A party receiving a Notice is not obliged to enquire as to the authority
                                       of the person signing the Notice.
                14.2        Giving of a Notice
                            (a)        A party may give to any other party a Notice by sending the Notice in
                                       one of the following ways:
                                       (i)    delivering the Notice to the other party at the physical address of
                                              the party;
                                       (ii)   sending the Notice to the other party by electronic mail;
                                       (iii) posting the Notice by prepaid post to the other party at the postal
                                             address of the party;
                                       (iv) faxing the Notice to the other party at its facsimile number.
                            (b)        A Notice is to be treated as given in the following circumstances:
                                       (i)    if it is delivered, when it is left at the physical address of the other
                                              party;
                                       (ii)   if it is sent by electronic mail and no electronic error notification is
                                              received by the sender, the date and time the electronic mail
                                              indicates it was sent;
                                       (iii) if it is sent by post, 3 Calendar Days after it is posted or 7 Calendar
                                             Days after it is posted if sent to or from a place outside Australia;
                                       (iv) if it is sent by facsimile, as soon as the sender receives from the
                                            sender’s facsimile machine a report of an error-free transmission to
                                            the correct facsimile number.




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