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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        — 4 Woterwoys                                               ABN 77 137 043 554             www.healthywaterways.org
             6.2    Each party may only disclose Confidential Information to its officers, employees, consultants,
                    professional advisors and contractors who have a need to know in relation to the Services.
             7      Termination

             7.1   This deed binds the parties from the Commencement Date and continues until the Expiry Date,
                    unless terminated earlier in accordance with this clause[7] (Term).
             7.2    Subject to clause|7.3] the Program Participant may by written notice terminate this deed or reduce
                    the Contribution, for convenience.
             7.3    Where the Program Participant terminates this deed under clause |7.21 the Program Participant is
                    liable to pay:
                    (a) _ if notice is received less than 3 months before the next instalment due date, 100% of the next
                        instalment;
                    (b) if notice is received between 3 and 6 months before the next instalment due date, 50% of the
                        next instalment;
                    (c) if notice is received between 6 and 12 months before the next instalment due date, 0% of the
                        next instalment.
             7.4    Where the Program Participant reduces the Contribution under clause [7.2] the Program Participant
                    will:
                    (a) review the scope of the Services with HWL;
                    (b) pay to HWL the Contribution instalments that were due up to the date of the reduction and if
                        the notice is received less than 3 months before the next instalment due date, 100% of the
                        next instalment; and
                    (c) pay to HWL reasonable costs (if any) that have been or will be incurred by HWL as a direct
                        result of the reduction of the Contribution and which HWL cannot recoup or avoid and which
                        would not otherwise have been incurred by HWL if the deed had continued until the Expiry
                        Date.
             7.5   The Program Participant acknowledges that, in additional to the Contributions, the Services may be
                    funded by the other third parties and agrees that HWL may by written notice terminate this deed or
                    reduce the Term or scope of the Services:
                    (a) if there is a Shortfall that is equal to or exceeds 10% of the Budget for the Services for the
                        corresponding financial year; and
                    (b) HWL considers it does not have the capacity, or is unable, to carry out the Services and/or meet
                        its obligations under this deed during the Term.
             7.6   This deed will terminate if:
                    (a) a party gives written notice to the other party terminating the deed after the other party has
                        breached this deed and, if capable of remedy, has failed to remedy that breach within 30 days
                        of receiving notice from the terminating party to remedy the breach;
                    (b) a party becomes insolvent, bankrupt or subject to the appointment of a mortgagee, a receiver
                        or manager or an investigator to investigate its affairs, or makes any arrangement or
                        composition for the benefit of creditors or is the subject of winding up proceedings; or
                    (c) the parties mutually agree to terminate the deed.
             7.7    Unless agreed otherwise, upon termination of this deed the parties will continue to be bound by the
                    obligations, given in clauses, (Services Outcomes) [5](Confidentiality)and any other clauses which, by
                    their nature, are intended to survive termination.
             8      General

             8.1.  The laws of Queensland, Australia govern this deed.

                    3 | Project Management Agreement

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