2016-07-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA     12 JULY 2016




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                              12 JULY 2016

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                        (iv) information the party has identified in writing to the other party as being released from
                            the obligation of confidentiality.
                   Contributions means the contributions of the Program Participant set out in the Schedule, made
                   available for the conduct of the Services;
                   Expiry Date means the date for the completion of the Services set out in the Schedule;
                   Key Performance Indicators means the key performance indicators of the Services set out in
                   Annexure 1 to this deed;
                   Services means the services to be carried out by HWL and specified in the Schedule; and
                   Services Outcomes means all things developed as part of the Services.
             2     Special Conditions

             2.1.  The parties agree to be bound by any Special Conditions.
             3     HWL’s obligations
             3.1   Subject to the Program Participant paying the Contributions in accordance with clausel4] HWL must:
                   (a) carry out the Services in accordance with this deed and with due care and skill;
                   (b) use reasonable efforts to:
                        (i) | meet the Key Performance Indicators;
                        (ii) Come within the Budget;
                   (c)  comply with:
                        (iii) applicable laws and regulations;
                        (iv) standards of professional care and diligence of the industry to which HWL belongs; and
                   (d) in November each year (starting November 2017), provide the Program Participant with the
                        Annual Performance Report on the performance conducted in the period to 30 June during the
                        Term; and
                   (e) communicate with, report and provide information to the Program Participant as reasonably
                        required by the Program Participant.
             3.2   HWL will promptly notify the Program Participant of any matters that HWL reasonably considers may
                   affect HWL’s ability to carry out the Services or meet any other obligations under this deed.
             4     Contributions

             4.1.  The Program Participant will pay the Contribution to HWL in the instalments (if any) and on the
                   date(s) specified in the Schedule.
             5     Services Outcomes

             5.1.  Onits creation all rights, title and interest in the Services Outcomes will be owned by HWL.
             5.2   HWL grants the Program Participant a non-exclusive, non-transferable, fee and royalty free, world-
                   wide, licence to use the Services Outcomes for its internal non-commercial services.
             6     Confidentiality

             6.1   Each party agrees to keep confidential and not disclose to any person Confidential Information of
                   another party disclosed to it or which becomes known to it through the conduct of the Services other
                   than as permitted by this deed.

                   2 | Project Management Agreement

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