2015-04-28 Planning and Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA    28 APRIL 2015




                                                   Page 164 of 211

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                           28 APRIL 2015

               10    DISPUTE RESOLUTION AND MEDIATION
               Both parties shall make genuine efforts to resolve any dispute arising out of, or in connection with
               this Deed by negotiation and discussion.  If the parties are unable to resolve a dispute within 14
               days, then the dispute shall be referred to an agreed, qualified independent person to mediate
               between both parties.   In the event the parties are unable to agree on the independent person,
               either party may refer this matter to the President of the Queensland Law Society to nominate an
               appropriate person.

               11    GENERAL PROVISIONS

               11.1 Audit and Access
                   d)  NBRF agrees to give Council, or any persons authorised inwriting by the Council, access to
                       the premises where obligations under this Deed are being carried out.
                   e)  NBRF agrees to permit those persons to inspect and take copies of any material relevant to
                       this Deed.

               11.2 Insurance
                   a)  NBRF agrees:
                           i)  To effect and maintain adequate liability insurances specific to the operation of a
                               Company, as a minimum public liability, product\and director & officer liability,
                               volunteers andemployee work cover.
                           ii) On request to provide proof of insurance acceptable to Council for its purposes
                               under the Deed.

                   b)  This clause continues\in operation. for so long.as any obligations remain in connection with
                       this Deed.

               11.3 Relationship of Parties
                   a)  NBRFiis not by virtue ofthis Deed an officer, employee, partner or agent of the Council, nor
                       does NBRF have any power or authority to bind or represent the Council.
                   b)  NBRF agrees:

                           i)  Not to misrepresent its relationship with Council; and
                           ii) Not to engage in any misleading or deceptive conduct in relation to the NBRF
                               program.

               11.4 Waiver
                   a)  A failure or delay by a party to exercise any right or remedy it holds under this Deed or at
                       law does not operate as a waiver of that right.
                   b)  A single or partial exercise by a party of any right or remedy it holds under this Deed or at
                       law does not prevent the party from exercising the right again or to the extent it has not
                       fully exercised the right.

               Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council                     Page 15

                                                                                                         Page 164 of 211