Infrastructure Agreement (23689 DA) - Executed 18/7/2011 (Peet No.90 - Greenwood Grove) · 132004.240018

(i) All schedules to this agreement form part of this agreement and a
reference to an item is a reference to an item in Schedule 1.

1.4 Definitions
In this agreement:
“Act” means the Sustainable Planning Act 2009.
“Calendar Day” means the period from one midnight to the following one.
“Chief Executive Officer” means the Chief Executive Officer of the Council
and includes the person (if any) for the time being acting as Chief Executive

Officer of the Council.

“Commencement Date” means the date when the last party executes this
agreement

“Council” means the Local Government described in Item 3 of Schedule 1
and its predecessors, successors, transferees and assigns.

“Development” means the development of 174 Dwelling Houses and
Reconfiguration of a Lot (3 lots into 174 lots).

“Due date” means 30 June 2012.

“External road works” means the road works referred to in Schedule 1.

“Force Majeure” means an event:

(a) being a decree of the Commonwealth Government or the State
Government, an Act of God, industrial disturbance, act of public
enemy, war, international blockade, public riot, lightning, flood,
earthquake, fire, storm or other event whether of a kind herein
specified or otherwise; and

(b) which is not within the control of the party claiming Force Majeure; and

(c) which could not have been prevented by the exercise by that person

of a standard of foresight, care and diligence consistent with that of a
prudent and competent person under the circumstances.

Life of the Development’ means the period for which the Development is
used in accordance with all approved uses and Development Permits

 

“Local Government” has the meaning given in the Local Government Act
2009.

“Local Government Area” has the meaning given in the Local Government
Act 2009.

“Lot” has the meaning in the Act.

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