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

10.2     On expiration of the Term or earlier termination of this Deed, a party must, at the
         request of the other party, immediately return the Confidential Information to the first
         party or destroy the Confidential Information (as the first party directs) and certify to the
         first party in writing that it has complied with this clause.



11.      Contingency Fund

11.1     Maintenance of Contingency Fund

         (a)       TN will maintain at all times a Contingency Fund at a balance that is no less
                   than $200,000 throughout the term of this Deed, subject to the conditions set
                   out in this clause 11.1.

         (b)       Amounts may be withdrawn from the Contingency Fund on the following
                   conditions:

                         (i)       TN must request Council’s approval for any withdrawal of any
                                   amount from the Contingency Fund, and provide reasons to
                                   Council for the request, as well as a proposal for the
                                   reimbursement of any such funds back into the Contingency Fund
                                   within a proposed period (Request); and

                         (ii)      Council may approve or decline the Request in writing, in its
                                   absolute discretion;

                         (iii)     In exercising it discretion under clause 11.1(b)(ii), Council must act
                                   reasonably and in good faith.

         (c)       Council must respond in writing to a Request under clause 11.1(b)(i) above
                   within 5 Business Days of receiving the Request.



12.      General Provisions

12.1     This Deed does not create any partnership, contract of employment or employment
         relationship, joint venture or relationship of principal and agent between the Parties, and
         neither Party has the authority to bind the other Party, pledge the credit of any Party or
         bind the Party to any obligation whatsoever, without specific consent in writing of the
         other Party.

12.2     A party giving notice under this Deed must do so in writing to the person and at the
         address or email address specified below:

           Notices to Council
           Contact Name                Larry Sengstock




 Tourism Noosa Funding Deed, 2026-29                                                               Page 16