Council archive · source document
Body Corporate Consent · 132006.823.10
Page 4
NICHOLSONS Deed of Engagement
Solicitors
3.2 The Body Corporate authorises the Manager to exclusively occupy the Occupation
Authority Area for storage, carparking and all other purposes necessary for the
performance of the Manager’s duties under the Agreement.
3.3 The Manager is responsible to ensure the Occupation Authority Area remains in a
clean and tidy condition at all times and the Body Corporate is responsible for all
maintenance and repairs of the shed.
4. GUARANTEE
4.1 The Guarantor guarantees:
(a) the performance by the Manager of its obligations under this Deed; and
(b) the payment of all loss and damage recoverable by the Body Corporate from
the Manager.
4.2 This guarantee extends to claims by the Body Corporate payable in the terms of this
Deed:
(a) for damages for breach; and
(b) for the Body Corporate’s reasonable legal and other expenses of seeking to
enforce the obligations of the Manager and the Guarantor.
4.3 This guarantee is not discharged and the Body Corporate’s rights against the
Guarantor is not affected by any of the following:
(a) the granting of any extension of time by the Body Corporate to the Manager
or to the Guarantor;
(b) the Body Corporate’s failure to enforce covenants under this Deed against
the Manager;
(c) the total or partial release of liability of the Manager or the Guarantor by the
Body Corporate;
(d) the death, bankruptcy or winding up of the Manager or Guarantor; and
(e) the disclaimer of this Deed following the Manager’s insolvency.
4.4 In respect of any payment made by or on behalf of the Manager under this Deed
that is void or is voided for any reason, the Guarantor shall remain liable under the
Guarantee as if the payment had not been made.
4.5 The Body Corporate is entitled to require the Guarantor pay to the Body Corporate
any outstanding money or other amount to compensate the Body Corporate for any
loss or damage without the Body Corporate having made any claim or instituted any
proceedings against the Manager in respect of such monies.
5. TRUSTEE PROVISIONS
5.1 If the Manager enters into this Deed or at any time holds its interest as manager as
trustee of any trust (“Manager’s Trust”) then, whether or not the Body Corporate has
had notice (actual or constructive) of the Manager’s Trust, the following applies:
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