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Deed of Licence TEN 0270 - Lot 17 on SP239726 Wallum Lane Noosa-3
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(a) commits an act of insolvency;
(b) becomes subject to any form of external administration;
(c) enters into an arrangement with its creditors or otherwise takes advantage of any
laws in force in connection with insolvent debtors;
(d) is wound up, voluntarily or involuntarily; or
(e) is unable to pay its debts when due.
10.4 Termination for Convenience
Ether party may, at any time by giving fourteen (14) days’ written notice to the other party,
terminate the Licence without cause.
10.5 Termination for Destruction or Damage to Licensed Area and in Emergency
(a) If any part of the Licensed Area is destroyed or damaged to an extent which upon a
reasonably formed view materially inhibits the carrying on of the Permitted Purpose
on the Licensed Area either party may terminate the Licence immediately by notice
to the other party.
(b) If in emergencies, for reasons of safety or maintenance of the Land or for the Water
Operations, UNITYWATER should seek to permanently close the Licensed Area,
UNITYWATER may terminate the Licence immediately by notice to LICENSEE.
10.6 After termination or expiration
(a) LICENSEE must, prior to the end of the Term or on termination, remove from the
Licensed Area all of LICENSEE’s property and promptly make good the Licensed
Area to the condition they were in as at the Commencement Date and any damage
caused by the removal of LICENSEE’s property.
(b) Following termination or expiration of the Licence, the parties agree that accrued
rights and remedies of a party will not be affected.
10.7 After termination pursuant to clause 10.5
(a) Upon receipt of a notice terminating the Licence pursuant to clause 10.5, LICENSEE
must:
(i) stop its use of the Licensed Area by the expiry of the notice; and
(ii) take all available steps to minimise loss resulting from that termination.
(b) UNITYWATER is not liable to pay any amount to LICENSEE in respect of a
termination under clause 10.5.
(c) Notwithstanding any other provision of the Licence, LICENSEE is not entitled to any
compensation for loss of prospective profits or loss of any benefits that would have
been conferred on LICENSEE but for the termination of the Licence.
11. GST
11.1 Definitions and Interpretation
(a) Capitalised expressions which are not defined in this clause, but which have a
defined meaning in the GST Law have the same meaning in this Deed.
(b) In this Deed:
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