PLANNING & ENVIRONMENT REPORT - 132001 210127 3 - FINAL VERSION [As Published]

                              (v)       prepare a Maintenance Plan and Construction Management Plan for the
                                        works being undertaken on the Council Land to be approved by Council prior
                                        to the commencement of works.

                   IT IS AGREED

                   1.         INTERPRETATION

                   1.1        Nature of Deed

                              This deed accords with Clause 2.

                   1.2        Commencement

                              This deed commences on the Commencement Date.

                   1.3        Interpretation

                              (a)       In this deed, unless a contrary intention appears, reference to:

                                        ( i)     a clause is to a clause in this deed; and

                                        (ii)     the singular includes the plural and vice versa; and

                                        (iii)    any gender includes all other genders; and

                                        (iv)     a person includes a firm, a corporation, an association and a body,
                                                 whether incorporated or not and a government or statutory entity or
                                                 authority; and

                                        (v )     legislation (including subordinate legislation) includes:

                                                 (A)      statutory instruments under the legislation; and

                                                 (B)      consolidations,   amendments,        re-enactments       or
                                                          replacements of the legislation; and

                                        (vi)     writing includes any mode of representing or reproducing words in
                                                 tangible and permanently visible form and includes facsimile
                                                 transmission; and

                                        (vii)    this or any other deed includes the deed as varied or replaced and
                                                 is not affected by any change in the identity of the parties; and

                                        (viii)   a day is a Calendar Day

                              (b)       Whenever more persons than one constitute a party, all the covenants,
                                        deeds, conditions, restrictions and provisos on the part of that party
                                        contained or implied in this deed bind those persons jointly and each of them
                                        severally.

                              (c)       This deed is in all respects to be interpreted in accordance with the laws of
                                        the State of Queensland, and the parties irrevocably and unconditionally
                                        submit to the non-exclusive jurisdiction of the courts of that state and any
                                        courts which have jurisdiction to hear appeals from them, and waive any
                                        right to object to proceedings being brought in those courts.


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Document Set ID: 22389362
Version: 24, Version Date: 05/07/2023