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

(a)   if hand delivered, on delivery;
                          (b)   if sent by prepaid post, on the second Business Day after the date of posting
                                (or on the seventh Business Day after the date of posting if posted to or from
                                a place outside Australia); or
,                         (c)   if sent by email, at the time when the email becomes capable of being
                                retrieved by the addressee,
                          but if the delivery, receipt or transmission is not on a Business Day or is after
                          5.00pm on a Business Day, the notice is taken to be received at 9.00am on the next
                          Business Day.
                  19.     General provisions
                  19.1    Survival of provisions
                          (a)   Termination or expiry of this Agreement for any reason does not extinguish or
                                otherwise affect any rights of either party against the other which accrued
                                prior to the time of termination or expiry or otherwise relate to or may arise at
                                any future time from any breach of non-observance of obligations under this
                                Agreement which arose prior to the time of termination or expiry.
                          (b)   The following clauses survive the expiry or termination of this Agreement:
                                (i) | clause 1 (Definitions and interpretation);
                                (ii) | clause 5 (Provision of services by the Service Provider);
                                (iii) | clause 9 (Records and survey);
                                (iv)  clause 10 (Audit and access);
                                (v)   clause 11 (Promotion and publicity);
                                (vi)  clause 12 (Confidential Information);
                                (vii) clause 13 (Personal Information);
                                (viii) clause 14 (Proportionate liability);
                                (ix)  clause 15 (Insurance);
                                (x)   clause 16.3 (After termination);
                                (xi)  clause 16.4 (Termination does not affect accrued rights);
                                (xii) clause 17 (Enforcement); and
                                (xiii) clause 19.6 (Relationship).
                  19.2    Varying this Agreement
                          Subject to clause 4.5(b), this Agreement may only be varied in writing signed by
                          each party.
                  19.3.   Assignment and novation
                          A party may only assign its rights or novate its rights and obligations under this
                          Agreement with the prior written consent of the other party.
                  19.4    Counterparts
                          This Agreement may be executed in counterparts. All executed counterparts
                          constitute one document.

                  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 27