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

7     SERVICE

7.1.  Service by prepaid post
      A Notice is sufficiently made, given or served by a party if left at or forwarded by
      prepaid post in an envelope addressed to the other party or any of them (where
      there are more persons than one person comprising the other party) at the address
      of that party specified in Schedule 1.
7.2   Deemed service

      A Notice if sent by prepaid post is deemed to have been made, given or served at
      the time when in the due course of the post it would be delivered at the address to
      which it is directed whether or not it is actually received.
7.3   Proof of service

      In proving service of a Notice made, given or served by the Council it is only
      necessary for the Council to certify to that effect under the hand of the Chief
      Executive Officer.

7.4   Form of Notice

      (a)  A Notice given by a party must be in writing and signed by the party.
      (b)  A Notice given by a party may be signed by an officer of that party or the
           solicitor for that party.
      (c)  Aparty receiving a Notice is not obliged to enquire as to the authority of the
           person signing the Notice.
8     MISCELLANEOUS

8.1.  Payment of costs
      The applicant shall pay the Council’s legal costs of and incidental to the
      preparation and execution of this Deed on a solicitor own client basis.
8.2   Time

      Time is, in all cases, of the essence.
8.3   Place for payment of monies
      All monies payable to Council under this deed are payable free from all deductions
      at the address of Council specified in Schedule 1.
8.4   Waiver

      No waiver by the Council of any breach by the applicant or owner of any of the
      provisions of this Deed shall be implied against the Council or be otherwise
      effective unless it is in writing under the hand of the Chief Executive Officer.
8.5   Laches and delay
      No laches or delay by the Council at any time or times in enforcing any of its rights,
      powers and the like under this Deed prejudice or affect those rights or powers.

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