Attachment 10 - Infrastructure Agreement DRAFT

               (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.

      (d)      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.

      (e)      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.

      (f)      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”).

      “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.




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