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

                              In proving service of a Notice made, given or served by the Council it is only
                              necessary for the Council to certify to that effect under the hand of the Chief Executive
                              Officer.

                   7.4        Form of Notice

                              (a)       A Notice given by a party must be in writing and signed by the party.

                              (b)       A Notice given by a party may be signed by an officer of that party or the
                                        solicitor for that party.

                              (c)       A party receiving a Notice is not obliged to enquire as to the authority of the
                                        person signing the Notice.

                   8.         MISCELLANEOUS

                   8.1        Payment of costs

                              The owner shall pay the Council's legal costs of and incidental to the preparation and
                              execution of this Deed on a solicitor own client basis.

                   8.2        Time

                              Time is, in all cases, of the essence.

                   8.3        Place for payment of monies

                              All monies payable to Council under this deed are payable free from all deductions
                              at the address of Council specified in Schedule 1.

                   8.4        Waiver

                              No waiver by the Council of any breach by the owner of any of the provisions of this
                              Deed shall be implied against the Council or be otherwise effective unless it is in
                              writing under the hand of the Chief Executive Officer.

                   8.5        Laches and delay

                              No laches or delay by the Council at any time or times in enforcing any of its rights,
                              powers and the like under this Deed prejudice or affect those rights or powers.

                   8.6        Severance

                              If any provision of this Deed cannot be given effect or full force and effect by reason
                              of statutory invalidity that provision shall be severed or read down but so as to
                              maintain and uphold so far as possible the remaining provisions of this deed.

                   8. 7       Warranty of authority

                              Any person signing this Deed:

                              (a)       as attorney of any party warrants to the other parties that at the date of
                                        execution that person has not received any notice or information of the
                                        revocation of the power of attorney appointing that persons; and




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