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

                 (c)  which is by its nature confidential;                   (b)  if a controlling trustee is appointed to, or
                 (d)  which is designated as confidential by a                   over, any of the property or undertaking of
                      party; or                                                  the party; or
                 fel  whl this other   Rarky SCE GF Bagi te                  (c) the party is unable to pay its debts when
                      know, is confidential,                                                                   .
                                                                                 they become due and payable;
                 and   all trade  secrets,  knowhow,    financial                 :                                .
                 information    and    other    proprietary   or             (d) if the party ceases to carry on business.
                 commercially valuable information of a party;             Parties mean the parties to this agreement and
                 and includes HLW Material.                                ‘party’ means any one of them;
                Deliverables means the deliverables of the                 Program means the Program to be carried out
                Program set out in Annexure 1;                             on in accordance with these Terms and the
                Existing Material means any material of a party                        ee
                (whether belonging to that party or a third party)         Program       Contributions       means __ the
                which is supplied or otherwise made available by           contributions  described   in  the   Agreement
                that party to the other party under this agreement         Schedule;
                and which is either:
                          —     :                   .                      Program Outcomes means the outcomes of
                 (a)  existing prior to the agreement; or                  the Program;
                 (b)  subsequently brought into existence other                        ’
                      than in the course of this agreement.                Term means the term contemplated by clause 2;
                Force Majeure Event means an event that is                 Written Notice Date means the date identified
                outside  the  reasonable  control  of a_  party            in the Agreement Schedule.
                including  fire,  storm,   flood,  earthquake,
                explosion, war, invasion, rebellion, sabotage,             Interpretation
                epidemic, labour dispute, labour shortage, failure   15.2  In this agreement, unless the contrary intention
                or delay in transportation and any act or omission         appears:
                (including laws,  regulations, disapprovals  or
                failure to approve) of another person (including             (a)  headings are for ease of reference only and
                subcontractors,  governments   or government                     do   not   affect the   meaning    of  this
                agencies;                                                        agreement;
                Intellectual Property includes all copyright, all            (b) the singular includes the plural and vice
                rights  in  relation to  inventions  (including                  versa and words importing a gender include
                patents), registered  and   unregistered  trade                  other genders;
                marks   (including service  marks),  registered              (c) other grammatical forms of defined words
               designs, confidential information and all other                   or    expressions    have    corresponding
                rights resulting from intellectual activity in the                meanings;
                industrial, scientific, literary or artistic fields and
                all other rights with   respect to   intellectual            (4) a   reference  to   a  clause,  paragraph,
                property as defined in Article of the Convention                 schedule or annexure is a reference to a
                establishing the  World   Intellectual Property                  clause or paragraph of or schedule or
                Organisation of July 1967;                                       annexure to this agreement and a reference
                                                             .                   to this agreement includes any schedules
                Insolvency Event means any of the following                      and annexures;
                events concerning a party, unless the events take
                place  as  part  of  a  solvent   reconstruction,            (e) a reference to a document or agreement,
                amalgamation, merger or consolidation on terms                    including this   agreement,   includes  a
                approved by the other party before it takes place                 reference to that document or agreement
                and the implementation of the reconstruction,                    as notated, altered or replaced from time to
                amalgamation, merger or consolidation complies                   time;
                with the terms of the approval:                              (f. words and expressions importing natural
                 (a)  if an administrator,  liquidator, receiver,                 persons   include   partnerships,  bodies
                      receiver and manager or other controller                   corporate, associations, governments and
                      (as defined in the Corporations Act) is                    governmental and     local authorities and
                      appointed to, or over, any of the property                 agencies;
                      or undertaking of the party;                           (g) a reference to any legislation or statutory
                                                                                  instrument or regulation is construed in
                                                                                 accordance with the Acts Interpretation Act
                  8 | Network Member Agreement — Noosa Council

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