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

                 GST                                                 14.5    A clause or part of a clause of this agreement
         12.2.   Any words capitalised in this clause 12 and not             that is illegal or unenforceable may be severed
                 already defined in clause 15.1 have the meaning             from this agreement and the remaining clauses
                 given to those words in the GST Act.                        or parts of the clause of this agreement continue
         12.3.   Except under this clause 12, the consideration              in force.
                   4 i Spal iid unset sit Hi GBR St                  14.6    This   agreement    supersedes    all  previous
                 this agreement does not include GST.                                             :      ,                ‘
                                           ;         ;    :    :             agreements   about   its subject  matter.  This
         12.4    If a supply made under or in connection with this                              :            :
                            ;                                                agreement   embodies   the   entire agreement
                 agreement is a taxable supply, then at or before            between the aries
                 the time any part of the consideration for the                           P     ,
                 supply is payable:                                  14.7.   To the extent permitted by law, any statement,
                 (a)  the recipient must pay the supplier an                 representation  or   promise   made    in  any
                      amount equal to the GST payable for the                negotiation or discussion, is withdrawn and has
                      supply, in addition to, and in the same                no effect except to the extent expressly set out
                      manner as the consideration      otherwise             or incorporated by reference in this agreement.
                    LS        under   TRIE SAQRERIIGHE. “fB* “Chat   14.8    Each  party acknowledges and      agrees that,
                        PPly); a          .          ra                      except as specified in this agreement, it does not
                 (b)  the supplier must give the recipient a tax               ;           :      d                  ion b
                      invoice for the supply.                                rely on any prior con uct or representation  y
                                                                             the other party in entering into this agreement.
         ae       ae   SlSrIEy,. WE   arneunit  payable    anger     14.9    The failure of a party to require full or partial
                 clause 12.4  is  correspondingly  increased  or                                    —          :
                                                 :                           performance of a provision of this agreement
                 decreased by any subsequent adjustment to the                                   :                       ,
                                                             ‘               does not affect the right of that party to require
                 amount of GST payable for the supply for which
                          5  cai il                                          performance subsequently.
                 the supplier is liable, however caused.
         12.6    Where a supply made under or in connection          14.10   A single or partial exercise of or waiver of the
                   .    :             :           :         nor              exercise of any right, power or remedy does not
                 with this agreement is a progressive or periodic                                              :
                                         :                                   preclude any other or further exercise of that or
                 supply, clause 12.4 applies to each component                          3
                                ;        2  Hi          et                   any other right, power or remedy.
                 of the progressive or periodic supply as if it were
                 a separate supply.                                  14.11   A right under this agreement may only be
                                                                             waived in writing signed by the party granting
         13      AUTHORITY                                                   the waiver and is effective only to the extent
                                                                             specifically set out in that waiver.
         13.1    The persons signing on behalf of the parties                          .                       .
                 warrant and represent that they have authority      14.12   Any variation or amendment to this agreement
                 to execute this agreement on behalf of the party            must be in writing and signed by the parties.
                 for whom they have signed.
                                                                     15      DEFINITIONS AND INTERPRETATIONS
         WWJ            EEE                                               Definitions
         14.1    The laws of Queensland, Australia govern this       15.1  In this agreement: unless the context otherwise
                 agreement.                                                requires, the following definitions apply:
         14.2.   Each party irrevocably submits to the non-                Budget means the budget for the Program
                 exclusive   jurisdiction of   the   courts   of           which is set out in Annexure 2;
                 Queensland, Australia and courts competent to
                 hear appeals from those courts.                           Commencement         Date    means   the   date
                                                                           specified in the Agreement Schedule;
         14.3.   Where HLW may exercise any right or discretion                      .
                 or make any decision under this agreement,                Completion Date means the date for the
                 HLW may do so in its absolute discretion,                 completion   of the  Program set out in the
                 conditionally or unconditionally, and without             Agreement Schedule;
                being required to give reasons or act reasonably.          Confidential Information of a party means
                 This  clause  applies  unless  this  agreement            the existence of and terms and conditions of
                 expressly requires otherwise.                             this agreement and any information:
         14.4    The Network Member must not assign, in whole                (a)  relating to the business and affairs of a
                 or in part, or novate the Network Member's                      party;                   ,
                 rights and obligations under this agreement                 (b)  relating to a party's, clients, employees,
                 without the prior written consent of HLW (such                  sub-contractors or other persons doing
                 consent not to be unreasonably withheld).                        business with a party;
                  7 | Network Member Agreement — Noosa Council

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