TOURISM NOOSA FUNDING AGREEMENT (REFERRED FROM S&O 11 APRIL 2023) · Attachment 1 - Deed - Funding Agreement Final

                   (i)        will be of no force nor effect unless it is consented to in writing by the
                              Parties to this document or, in the case of a waiver, by the Party giving
                              it; and

                   (ii)       will be effective only to the extent to, or for, which it is made or given.

                                         (b)   Any oral variation, modification or waiver of any
                                               provision in this document, or consent to any departure
                                               by a Party from a provision, shall be of no force or effect
                                               until consented to in writing by the Parties to this
                                               document.


10.4     Warranties

                                         (a)   Each Party to this document warrants to the other Party
                                               that:

                   (i)        there is no impediment to them entering into this document;

                   (ii)       they have relied upon their own enquiries and have not entered into this
                              document in reliance on, or as a result of, any representation, promise,
                              statement, conduct or inducement by, or on behalf of, any other Party
                              except as set out in this document;

                   (iii)      they have taken, or have had the opportunity to take, independent legal
                              advice as to the nature, effect and extent of this document.

                                         (b)   Each person signing this document as an authorised
                                               officer or agent or otherwise on behalf of any Party, by
                                               doing so, warrants to the other Party that, as at the date
                                               of signing, the person has full authority to execute this
                                               document on behalf of that Party.

                                         (c)   Each Party is aware that the other Party has relied upon
                                               the above warranties in entering into this document.


10.5     Severance

                                         (a)   The covenants, undertakings and conditions contained
                                               in this document are severable and shall be so
                                               construed as not to infringe any laws that may affect
                                               this document.

                                         (b)   If such covenant, undertaking or condition on its true
                                               interpretation is found to infringe any such laws, the
                                               covenant, undertaking or condition shall be read down
                                               to the extent as may be necessary to ensure that it
                                               does not infringe any such law.

                                         (c)   In the event that the infringing covenant, undertaking or
                                               condition cannot be read down, it shall be deemed void



 Tourism Noosa Funding Deed                                                                         Page 10

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