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

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No laches or delay by the Council at any time or times in enforcing any of its
rights, powers and the like under this Infrastructure Agreement prejudice or
affect those rights or powers.

Severance

If any provision of this Infrastructure Agreement cannot be given effect or full
force and effect by reason of statutory invalidity that provision shall be served
or read down but so as to maintain and uphold so far as possible the
remaining provisions of this agreement.

Warranty of authority
Any person signing this Infrastructure Agreement:

(a) as attorney of any party warrants to the other parties that at the date
of execution that person has not received any notice or information of
the revocation of the power of attorney appointing that person; and

(b) as an authorised officer, agent or trustee of any party warrants to the
other parties that at the date of execution that person has full authority
to execute this agreement in that capacity.

Further assurances

Each party agrees at its cost to do everything reasonably necessary to give
effect to this agreement.

Force Majeure

(a) If a party is unable by reason of an event of Force Majeure to carry out
its obligations under this agreement, that party must give a Notice to
the other party advising of the event of the Force Majeure as soon as
it is reasonably practicable after the event of a Force Majeure.

(b) If a party gives a Notice advising of an event of Force Majeure, that
party’s obligations will be suspended during the period for which the
event of Force Majeure or its effect extends.

(c) Where the obligations of the Council are dependent upon the
occurrence of specified circumstances, then the Council will be
relieved of its obligations for so long as there is a change or deviation
or non-occurrence of those circumstances arising from a matter
beyond the Council’s control,

Amendment of agreement

(a) Despite any provision of this agreement, the parties may at any time
agree to vary the terms of this agreement.

(b) No modification, variation or amendment of this agreement is of any
force or effect unless:

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