Attachment 8 - Working draft - Deed of Variation to IA - 02.12.2019

Deed of Variation

1.4     Commencement

        This deed commences and has effect on the Commencement Date.


2.      Variation

2.1     Infrastructure Agreement

        The parties agree that:

        (a)     The Infrastructure Agreement is varied by this deed only in the manner and to the
                extent described in the Variations; and

        (b)     The Variations to the Infrastructure Agreement come into effect on and from the
                Commencement Date.

2.2     Condition precedent

        (a)     This Variation Deed is subject to and conditional on each party unconditionally
                delivering a full and validly executed deed or counterpart of this deed to the other
                party.

        (b)     Each party must use all reasonable endeavours to procure the satisfaction of the
                condition specified in clause 2.2(a).

        (c)     If the condition in clause 2.2(a) is not satisfied then this deed will be of no force or
                effect and the parties will have the same rights and obligations which they had prior to
                the date of execution of the deed as if this deed had never been executed.

2.3     Confirmation of liability

        The parties:

        (a)     affirm that they are bound by the terms of the Infrastructure Agreement (as varied by
                this deed); and

        (b)     acknowledge that their obligations and liability under the Infrastructure Agreement are
                not discharged or varied by this deed except to the extent that this deed may otherwise
                expressly specify.

2.4     Time

        If, under the Infrastructure Agreement, time is of the essence in relation to the performance of
        an Obligation of a party, time remains of the essence in relation to that Obligation unless this
        deed specifies otherwise.


3.      Governing law and jurisdiction

3.1     Governing law

        This Variation Deed is governed by and construed in accordance with the laws of Queensland.

3.2     Jurisdiction

        Each party irrevocably:

HopgoodGanim Lawyers                                                                           Page 3 of 10
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