2016-10-17 GC Agenda - Item 8 - Attachment 2 (Amended) - Statement of Financial Position

              (iii)   to any party to the Lease or related party provided that the recipient
                      agrees to act consistently with this clause;

              (iv)    with the disclosing party’s consent (not to be unreasonably withheld);

              (v)     any disclosure that the disclosing parties reasonably believes is required
                      by any law.

31.    Applicable Law

       (a)    This Lease agreement is governed by the law of Queensland, Australia.

32.    Entire Agreement

       (a)    This agreement constitutes the entire agreement between the parties and
              supersedes all prior representations, agreements, statements and
              understandings, whether oral or in writing.

33.    Waiver of Conditions

       (a)    Except as provided at law or in equity or elsewhere in the Lease, none of the
              terms of the Lease shall be varied, waived, discharged or released, except with
              the prior consent in writing of both parties in each instance

       (b)    Failure by the Lessee or the Lessor at any time and from time to time to enforce or
              require strict compliance with, or performance of any terms of the Lease will not
              constitute waiver of, or affect, or impair such terms in any way, nor shall such
              failure affect the right of the Lessee or the Lessor to avail itself at any time of such
              remedies it may have for any subsequent breach of the terms by the Lessor or the
              Lessee.

34.    Severability

       In the event of any part of the Lease being or becoming void or unenforceable then that
       part will be severed from the Lease so that all parts that will not be or become void or
       unenforceable will remain in full force and effect and be unaffected by any severance.

35.    Taxes, Duties and Charges

35.1   GST

       (a)    In this clause 35:

              (i)     "GST Act" means A New Tax System (Goods and Services Tax) Act 1999
                      (Cth) and any related tax imposition Act (whether imposing tax as a duty of
                      customs excise or otherwise) and includes any legislation which is
                      enacted to validate recapture or recoup the tax imposed by any of such
                      Acts;

              (ii)    "Representative" means a representative member of a GST group to
                      which the relevant supplier belongs; and

              (iii)   the expressions "adjustment note", "consideration", "GST", "input tax
                      credit", "supply", "tax invoice", "recipient" and "taxable supply" have the
                      meaning given to those expressions in the GST Act.




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