Appendix D Draft Infrstructure Agreement

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

      All monies payable to Council under this deed are payable free from all deductions
      at the address of Council specified in Schedule 1.

8.4   Waiver

      No waiver by the Council of any breach by the applicant or 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.

8.5   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.

8.6   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.

8.7   Warranty of authority

      Any person signing this Deed:




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