MCU16/0070.01 Application For A Minor Change To A Development Approval For A Material Change Of Use Of Premises - Commercial Business Type 3 - Veterinary At 69 Mary Street, Noosaville · Attachment 4 - (MCU16/0070.01) - Infrastructure Agreement

(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 (d) 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. (e) 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. (f) | Nothing contained in this deed affects, prejudices or derogates from the requirements of any statute or from the rights, powers and authorities of the Council under the provision of any statute or under any declared policy of the Council. (i) | All schedules to this deed form part of this deed and a reference to an item is a reference to an item in Schedule 1 unless stated otherwise. (j) | Terms used in the Special Conditions which are not otherwise defined in Clause 1.4 (Definitions) shall have the meanings assigned to them in the Council's Planning Scheme. 1.4 Definitions In this deed: “Act” means the Planning Act 2016 (the “Act’). Applicant means the person described in and having its address at the place described in item 4 of Schedule 1 and includes: (a) successors and permitted assigns in the case of a corporation, association or other body whether incorporated or not; and (b) executors, administrators and permitted assigns in the case of a natural person. “Calendar Day” has the meaning given in section 36 of the Acts Interpretation Act 1954 (Qld). “Chief Executive Officer’ means the Chief Executive Officer of the Council and includes the person (if any) for the time being acting as Chief Executive Officer. “Commencement Date” means the date when this deed commences being the date when the last party executes this deed “Council” means the Local Government described in Item 3 of Schedule 1 and Its predecessors, successors, transferees and assigns. Page 4 of 13