2018-06-27 SM - Attachment 2 to Item 1 - Draft Funding Deed

     Nothing in this clause prevents either party from commencing court proceedings relating to any
     dispute arising from this deed at any time where that party seeks urgent interlocutory relief.

14. Term and termination
14.1 Term
     This deed binds the parties from the date this deed is executed by the last party to do so and
     continues until the Expiry Date, unless terminated earlier in accordance with this clause 14 (Term).


14.2 Termination for breach
     The Department, Council or Association may terminate this deed by written notice with immediate
          effect if another party:
            (i)     breaches a term of this deed which is not capable of being remedied; or
            (ii)    breaches a term of this deed which is capable of being remedied and fails to remedy
                    that breach within 30 days after receiving notice requiring it to do so.


14.3 Obligations after termination or expiration
     If this deed expires or is terminated by a party under clause 14.2, the Contributors will be entitled to
     the return of the Funding Contribution (and Interest to the date expiry or earlier termination).
14.4 Pre-existing rights and survival
     (a)    Termination in accordance with this clause 14 is without prejudice to any rights of the other
            parties under this deed existing at the date of termination.
     (b)    Clauses 7, , 10, 11, 13, 14.4 and 16 survive expiration or termination of this deed for any
            reason.

15. Notices
     Each communication (including each notice, consent, approval, request and demand) in connection
     with this deed to be given by a party to the others:
     (a)    must be in writing;
     (b)    must be signed by the party making it (or by a person duly authorised by that party);
     (c)    must be addressed in accordance with Item 1 of Schedule 1 or as otherwise notified from time
            to time;
     (d)    must be delivered to that address by hand, or posted by pre-paid post to the address, or sent
            by facsimile transmission to the number of the addressee, in accordance with clause 15(c);
     (e)    is taken to have been received by the addressee:
            (i)     where sent by pre-paid post – on the fifth day after the date of posting;
            (ii)    where sent by facsimile transmission – at the time in the place to which it is sent
                    equivalent to the time recorded on the transmitting machine from which it was sent;
            (iii)   where hand delivered – on delivery,
            but if the communication is taken to have been received on a day that is not a Business Day or
            later than 5.00 pm on a Business Day, the communication is taken to have been received at
            9.00 am on the next Business Day.

16. General
16.1 Entire agreement
     To the extent permitted by law, in relation to its subject matter, this deed:
     (a)    embodies the entire understanding of the parties and constitutes the entire terms agreed by
            the parties; and


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