2015-04-28 Attachment 1 to Item 7 Planning and Organisation Committee Agenda - Green Army Project Agreement

(b)   Part B of this Agreement;
         (c)   the Agreement Details;
         (d)   the Project Particulars; and
         (e)   documents incorporated by reference in this Agreement, in the following order
               of priority:
               (i) | Project-specific work health and safety plan;
               (ii)  risk management plan; and
               (iii) | Work Plan.
2.       Agreement Period
         This Agreement commences on the Commencement Date and, unless terminated
         earlier, expires on the Completion Date.
3.       Warranties and representations
 3.1     Warranties and representations of both parties
          Each party to this Agreement represents and warrants to the other that:
          (a) _ it has full power and authority to enter into, perform and observe its
               obligations under this Agreement;
          (b)  the execution, delivery and performance of this Agreement has been duly and
               validly authorised by the relevant party;
          (c)  as atthe Commencement Date no litigation, arbitration, mediation,
               conciliation or administrative proceedings are taking place, pending, or are
               threatened which could have an adverse effect on the party’s ability to
               perform its obligations under this Agreement;
          (d)  it is not affected by an Insolvency Event; and
          (e)  this Agreement constitutes legal, valid and binding obligations on it,
               enforceable against it in accordance with the terms of this Agreement.
 3.2      Project Sponsor warranties and representations
          (a)  |The Project Sponsor represents and warrants to the Service Provider that it
               has, will have, or will confirm that any property owners and property managers
               have, or will have, before the commencement of Project activities:
               (i)   all rights, title, licences, interests, property and regulatory approvals
                     necessary for the lawful undertaking of the Project (including by the
                     Service Provider); and
               (ii) | the agreement or consent, where required by Law, of the relevant native
                     title holder or claimants and the Traditional Owners recognised under
                     land rights legislation.
          (b)  |The Project Sponsor represents and warrants to the Service Provider that it
                has, or will have, before the Project commences:
                (i) | any and all required consents for the undertaking of the Project,
                     including of any and all property owners and property managers of
                     properties that will be accessed or otherwise in any way affected by the
                     Project;

 Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
 Project ID BO270003901G TEM5191 issued 09/04/2015                                      page 10