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Attachment G - Detail Survey & Emt B Dealing
QUEENSLAND TITLES REGISTRY SCHEDULE FORM 20 version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 5 of 7
7
10.
11,
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Title Reference 15669226 and 16550023
GRANTEE’S INDEMNITIES AND RELEASE
9.1
9.2
The Grantee indemnifies the Grantor against all Claims arising directly or indirectly from:
(a) the Grantee’s use of the Servient Tenement;
(b) any failure by the Grantee to perform its obligations under this Easement;
{c) any works carried out on the Servient Tenement by or on behalf of the Grantee; and
(d) any damage caused to the Servient Tenement by the Grantee.
To the full extent permitted by law, the Grantee releases the Grantor from liability for all Claims in
respect of or arising from:
(a) loss of or damage to any Vehicles or property on the Servient Tenement; and
(b) death of or injury to anyone on the Servient Tenement;
unless the Claim results from the negligence of the Grantor.
REPAIRS AND MAINTENANCE
10.4
10.2
10.3
10.4
10.5
Subject to clauses 10.3 and 10.4, the Grantor must keep the Servient Tenement in good order and
condition.
In effecting any repairs and maintenance to the Servient Tenement under clause 10.1, the Grantor
must use its best endeavours to minimise so far as is possible any interruption to the use of the
Servient Tenement by the Grantee.
Subject to clause 10.4, the Grantor and the Grantee must each pay one half of the Costs of keeping
the Servient Tenement in good order and condition and effecting any repairs and maintenance.
The Grantee must pay its share of these Costs within 5 Business Days after receiving from the
Grantor written evidence of the Costs which will be incurred by the Grantor in effecting repairs and
maintenance to the Servient Tenement.
Any damage to the Servient Tenement caused by a negligent act or omission of the Grantee must
be promptly repaired to the reasonable satisfaction of the Grantor in a proper and workmaniike
manner at the Grantee's cost by properly qualified tradespersons engaged by the Grantee for this
purpose.
If the Grantee does not promptly fulfil its obligations under clause 10.4, the Grantor may have the
damage repaired and recover the Costs thereof from the Grantee as a liquidated debt.
GOODS AND SERVICES TAX
14.1
If GST is imposed on a supply made by a party under or in connection with this Easement
(Supplier), in addition to any consideration payable or provided by the other party (Recipient) for
that supply (GST Exclusive Consideration), the Recipient must pay the Supplier an amount:
(a) calculated by multiplying the GST Exclusive Consideration for the relevant supply by the prevailing
GST Rate; and
(b) at the same time and in the same manner as the GST Exclusive Consideration is paid or provided;
so that the Supplier is in the same financial position after payment of the GST for that supply as it would
have been but for the imposition of the GST.
The Supplier must provide the Recipient with a tax invoice in respect of any payment the Recipient
is required to make under clause 11.1.
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