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Attachment 4 - Option 1 Hydraulic Advice · RAL20/0005

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      (c)    A party receiving a notice is not obliged to enquire as to the authority of the person
             signing the notice.

11. COVENANT RUNS WITH THE LAND

This Covenant burdens the Lot and runs with the Lot and binds the successors in title to the Lot and
to any parcel into which that Lot is reconfigured by any means.

12. NO EFFECT ON RATES AND CHARGES AND COMPLIANCE WITH CLAUSE

For the avoidance of doubt, nothing in this Covenant:

      (a)    affects the liability of the Owner to pay all taxes, rates, charges and levies lawfully
             imposed in respect of the Lot; and

      (b)    imposes a liability on the Council to make a monetary payment to the Owner in the
             form of compensation or otherwise.

13. REGISTRATION

13.1 The Owner shall do everything necessary at the Owner's expense to ensure that this Covenant
      is registered against the title to the Lot within one month after the execution of this Covenant
      by Council.

13.2 The Council shall do everything necessary (including executing any documents) to give effect
      to this Covenant.

14. WAIVER

14.1 No waiver by the Council of any breach by the Owner of any of the provisions of this Covenant
     shall be implied against the Council or be otherwise effective unless it is in writing under the
     hand of the Chief Executive Officer.

14.2 A single or partial exercise or waiver of a right relating to this document will not prevent any
     other exercise of that right or any other right.

15. 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 Covenant prejudice or affect those rights or powers.

16. SEVERANCE

If any provision of this Covenant 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 Covenant.

17. ENUREMENT

This Covenant binds the parties to it and their respective successors, assigns, heirs, executors and
administrators.

18. NO OBLIGATIONS ON COUNCIL

The rights given to the Council by this Covenant are permissive only and nothing in this Covenant
imposes any duty of any kind on the Council to anyone or obliges the Council to perform any act or
incur any expense for any of the purposes set out in this Covenant

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