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2016-10-17 GC Agenda - Item 8 - Attachment 2 (Amended) - Statement of Financial Position
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(j) a reference to any legislation or legislative provision includes any statutory
modification or re-enactment of, or legislative provision substituted for, and also
any subordinate legislation issued under, that legislation or legislative provision;
(k) a reference to dollars or $ is to an amount in Australian currency;
(l) the singular includes the plural and vice versa;
(m) a reference to any party to this document or to any other document or
arrangement, includes that party’s legal personal representatives, substitutes
(including, without limitation, any person taking by novation), successors and
permitted assigns;
(n) a reference to a person includes a body corporate, partnership, joint venture,
incorporated or unincorporated association, authority, state, government, or
government or quasi-government body;
(o) a reference to anything (including any amount) is a reference to the whole or any
part of it (except that nothing in this provision excuses a party from performing the
whole of an obligation just because they have performed part of the obligation);
(p) an agreement, undertaking, representation or warranty by or in favour of two or
more persons, binds or is for the benefit of all of them jointly and each of them
individually.
5. Performance of Lease
(a) The Lessor shall provide the Services in accordance with the terms of this Lease.
(b) Unless the Lease provides otherwise, the Lessor must supply everything
necessary for the supply of the Services.
6. Lessor's warranties and undertakings
(a) The Lessor warrants to the Lessee that the Buses shall:
(i) be in accordance with any description of the Buses in the Lease;
(ii) comply with all Industry Standards and Legal Requirements;
(iii) be suitable in all respects for the purpose for which equipment of the same
kind are commonly supplied, and any other purpose specified in the
Lease;
(iv) be of merchantable quality and free from any defect;
(v) by supplied to the Lessee with all of the things required by the Lease;
(b) The Lessor warrants to the Lessee that in providing the Services, the Lessor shall:
(i) provide all things and take all measures necessary to protect people and
property;
(ii) prevent nuisance and unreasonable noise and disturbance;
(iii) be aware of, comply with, and ensure that its Personnel are aware of and
comply with:
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