TOURISM NOOSA FUNDING AND PERFORMANCE DEED 2026–2029 · ATTACHMENT 1_Tourism Noosa Funding and Performance Deed 2026-2029

         (a)       If a Party (the Defaulting Party) breaches any term of this Deed, then the other
                   Party (Issuing Party) may give the Defaulting Party a notice to show cause (a
                   Show Cause Notice). The Show Cause Notice shall:

                         (i)       State it is a notice under this clause 9.2;

                         (ii)      Set out the details of the alleged breach;

                         (iii)     State that the Defaulting Party is required to show cause in writing
                                   why the Issuing Party should not exercise a right referred to in
                                   clause 9.2(b);

                         (iv)      State the date and time by which the Defaulting Party must show
                                   cause to the Issuing Party (which time must be a reasonable
                                   period having regard to the nature of the breach).

         (b)       If the Defaulting Party fails to show reasonable cause by the date and time
                   stated in the Show Cause Notice, the Issuing Party may immediately terminate
                   the Deed by written notice to the Defaulting Party.

         (c)       If Council terminates this Deed for default by TN pursuant to this clause, TN
                   must pay back to Council any uncommitted portion of the Funding that remains
                   unspent and, if applicable, repay any Misapplied Funds.

9.3      Either party may terminate this Deed immediately if the other Party is adjudicated as
         insolvent, is placed into liquidation, enters into a scheme of arrangement for the benefit
         of its creditors, has a receiver appointed or fails to continue, its business or charitable
         activities (as the case may be).

9.4      If this Deed is terminated by Council prior to the expiration of the Term and future
         funding is not provided, TN must pay to Council, any portion of the Funding
         uncommitted by TN within 60 days of such termination. TN must produce documentary
         evidence of the Funding commitment for this provision to apply. Without this evidence
         TN must repay to Council any portion of the Funding unspent.

9.5      If the Deed is terminated pursuant to this clause or the Term expires and further funding
         is not provided, TN may request approval from Council, in accordance with the
         conditions set out at clause 11.1(b), to apply the Contingency Fund to cover costs
         directly associated with winding up TN, with these costs to be applied if approved in
         writing by Council under clause 11.



10.      Confidentiality

10.1     A Party must not, without the prior written consent of the other, disclose Confidential
         Information to any other person or entity, except where the disclosure is required for the
         proper performance of obligations under this Deed or otherwise as required or permitted
         by law.




 Tourism Noosa Funding Deed, 2026-29                                                             Page 15