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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
6.1. Reconfiguring and compliance If the Subject Site is reconfigured under the provisions of the Act and the obligations under this Deed have been satisfied, then this Deed no longer remains attached to the reconfigured lots and the owner's successors in title are not bound by this deed. 6.2 Reconfiguring and non-compliance If the Subject Site is reconfigured under the provisions of the Act and the obligations under this Deed have not been satisfied, this Deed remains attached to the reconfigured lots and the owner's successors in title remain bound by this deed. 7 SERVICE 7.1 Service by prepaid post A Notice is sufficiently made, given or served by a party if left at or forwarded by prepaid post in an envelope addressed to the other party or any of them (where there are more persons than one person comprising the other party) at the address of that party specified in Schedule 1. 7.2 Deemed service A Notice if sent by prepaid post is deemed to have been made, given or served at the time when in the due course of the post it would be delivered at the address to which it is directed whether or not it is actually received. 7.3 Proof of service 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 applicant 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 Page 8 of 13
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