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

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8.1

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8.5

SERVICE

Service by prepaid post

A Notice is sufficiently made, given or served by a party if left at or forwarded
by prepaid post in an envelope addressed to the other party or any of them
(where there are more persons than one person comprising the other party)
at the address of that party specified in Schedule 1.

Deemed service

A Notice if sent by prepaid post is deemed to have been made, given or
served at the time when in the due course of the post it would be delivered at
the address to which it is directed whether or not it is actually received.

Proof of service

In proving service of a Notice made, given or served by the Council it is only
necessary for the Council to certify to that effect under the hand of the Chief
Executive Officer.

Form of Notice

(a) A Notice given by a party must be in writing and signed by the party.

(b) A Notice given by a party may be signed by an officer of that party or
the solicitor for that party.

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

MISCELLANEOUS

Payment of costs

The developer shall pay the Council's reasonable legal costs of and incidental
fo the negotiation, preparation and execution of this agreement on a solicitor
own client basis.

Time

Time is, in all cases, of the essence.

Place for payment of monies

All monies payable to a party under this agreement are payable free from all
deductions at the address of that party specified in Schedule 1.

Waiver

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

Laches and delay

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