2020-10-12 GC Agenda - Item 6 - Attachment 2 - Infrastructure Agreement

(vi) writing includes any mode of representing or reproducing words in
                 tangible  and  permanently visible form    and   includes facsimile
                 transmission; and
            (vii) this or any other deed includes the deed as varied or replaced and is
                 not affected by any change in the identity of the parties; and
            (viii) a day is a Calendar Day
      (d)  Whenever more persons than one constitute a party, all the covenants,
           deeds, conditions, restrictions and provisos on the part of that party
           contained or implied in this deed bind those persons jointly and each of them
           severally.
      (e)  This deed is in all respects to be interpreted in accordance with the laws of
           the State of Queensland, and the parties irrevocably and unconditionally
           submit to the non-exclusive jurisdiction of the courts of that state and any
           courts which have jurisdiction to hear appeals from them, and waive any
           right to object to proceedings being brought in those courts.
      (f)  Nothing contained in this deed affects, prejudices or derogates from the
           requirements of any statute or from the rights, powers and authorities of the
           Council under the provision of any statute or under any declared policy of
           the Council.
      (i) | All schedules to this deed form part of this deed and a reference to an item
           is a reference to an item in Schedule 1 unless stated otherwise.
      (j) | Terms used in the Special Conditions which are not otherwise defined in
           Clause 1.4 (Definitions) shall have the meanings assigned to them in the
           Council’s Planning Scheme.
1.4   Definitions
      In this deed:
     “Act” means the Planning Act 2016 (the “Act’).
     applicant means the person described in and having its address at the place
     described in item 4 of Schedule 1 and includes:
     (a)   successors and permitted assigns in the case of a corporation, association
           or other body whether incorporated or not; and
     (b)   executors, administrators and permitted assigns in the case of a natural
           person.
     “Calendar Day” has the meaning given in section 36 of the Acts Interpretation Act
      1954 (Qld).
     “Chief Executive Officer’ means the Chief Executive Officer of the Council and
     includes the person (if any) for the time being acting as Chief Executive Officer.
     “Commencement Date” means the date when this deed commences being the
     date when the last party executes this deed
     “Council” means the Local Government described in Item 3 of Schedule 1 and its
     predecessors, successors, transferees and assigns.
     “development” has the meaning given in the Act.                      TL
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