2023-03-13 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING REPORT   13 MARCH 2023




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GENERAL COMMITTEE MEETING REPORT                                                                            13 MARCH 2023

         8.2     The maximum liability of HLW to the Network         9.2     A party seeking to resolve the Dispute must
                 Member    out  of the   performance    or  non-             notify the existence and nature of the Dispute to
                 performance of the Program, whether under the               the other party (Notification). On receipt of a
                 law of contract, tort or otherwise, will be to the          Notification, the Parties must refer resolution of
                 value of the Program Contribution.                          the Dispute to their respective chief executive
         8.3.    HLWis discharged from all liability in respect of           officers or their nominees.
                 the Program, whether under the law of contract,     9.3     If the Dispute has not been resolved within 30
                 tort or otherwise, at the expiration of 2 years             days of receipt of the Notification, then any party
                 from the completion of the Program, and the                 to the   Dispute  may   refer the   Dispute  to
                 Network Member (and persons claiming through                mediation and must do so before initiating
                 or under the Network Member) is not entitled to             proceedings in a court to resolve the Dispute.
                 commence any action      or claim whatsoever
                 against HLW (or any employee of the HLW) in         9.4     A Dispute which is referred to mediation will be
                 respect of the Program after that date.                     referred to the Resolution Institute and be
                                 .                                           conducted in accordance with the Resolution
         8.4     HLW does not give any warranty nor accept any               Institute’s mediation and conciliation rules.
                 liability in relation to the performance or non-
                 performance of the Program except to the            9.5     If the Dispute has not been resolved within 60
                 extent, if any, required by the law or specifically         days of referral to the Resolution Institute, a
                 provided for in this agreement. If apart from this          party is free to initiate proceedings in a court.
                 clause any warranty would be implied whether
                 by law, custom, or otherwise, that warranty is to   10      NOTICES
                 be the full extent permitted by law hereby                     .                     .
                 excluded. Nothing in this clause will be read or    ao       eee between the parties are deemed to be
                 applied so as to purport to exclude, restrict or            given.   |.                       .
                 modify   or  have   the  effect  of  excluding,             (a)  if delivered by hand — upon written
                 restricting or  modifying   the  application  in                    eon of oes by an officer or
                 relation to the supply of any goods and services                other   ne _ if he employee, ageuk a
                 pursuant to this agreement of all or any of the                  Fiber r bes ore D dananieede           h:
                 provisions of the Competition and Consumer Act              (|     | lvered  by post —/  days after dispatch,
                 2010 (Cth).                                                     ane                 ,
                                                                             (c)  if delivered by e-mail — upon receipt of an
                 Insurance                                                       e-mail or other proof of completion of an e-
         8.5     HLW must maintain, at all times during the term                  mail in accordance am the Electronic
                 of, and for 3 years following the expiry or                      Transactions (Queensland) Act 2001,
                 termination of this agreement, the insurance                but if the delivery, receipt or transmission is not
                 policies:                                                   on a business day or is after 5.00pm on a
                 (a)  professional indemnity insurance to the                business day, Notice is taken to be received at
                      value of $10 million dollars per claim and             9.00am on the next business day.
                      $20 million in the aggregate;                  14      FORCE MAJEURE
                 (b)  public liability insurance to the value Of (7
                      $20 million per claim; and                     11.1    Neither party will be:
                 (c)  workers compensation    insurance for an               (a)  in breach of this agreement as a result of;
                      amount required by Queensland legislation.                 or
        8.6      HLW must, if requested by the Network Member,               (b)  liable for,
                provide proof that it has obtained and maintains             any failure or delay in the performance of its
                 the insurances required by clause 8.5.                      obligations under this agreement to the extent
                                                                             that such failure or delay is wholly or partially
         9       DISPUTES                                                    caused, directly or indirectly, by a Force Majeure
         9.1     If a dispute arises between the parties out of or          Event.
                 relating to this agreement (Dispute), any party
                 seeking to resolve the dispute must do so strictly go      ROSTSAND TAXES
                 in  accordance with    the provisions   of this             Costs payable by each party
                 clause 9. Compliance with this clause9 is a = 49.4 __ Each party bears its own costs in relation to the
                 condition precedent to seeking relief in any court          preparation and signing of this agreement.
                 or tribunal in respect of the Dispute.
                  6 | Network Member Agreement — Noosa Council

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