Attachment 10 - Infrastructure Agreement DRAFT

      (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.

7.    MISCELLANEOUS

7.1   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.

7.2   Time

      Time is, in all cases, of the essence.

7.3   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.

7.4   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.

7.5   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.

7.6   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.

7.7   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

      (b)      as an authorised officer, agent or trustee of any party warrants to the other
               parties that at the date of execution that person has full authority to execute
               this deed in that capacity.

7.8   Further assurances

      Each party agrees at its cost to do everything reasonably necessary to give effect to
      this Deed.



                                          8 of 11