Attachment 3 - Infrastructure Agreement · 132007.12.8

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         "Owner" has the meaning given in the Act.

         "Purchaser" means the purchaser of the Property from the Owner.

         "Sell" includes transfer, dispose of and alienate and "Sale" has the corresponding
         meaning.

12     Any reference in this Agreement to "writing" Includes a reference to post, telex,
       facsimile, email transmission or coinparable means of communication.
1.3    The headings in this Agreement are for convenience only and do riot affect its
       interpretation.
14     No rule of construction applies to the disadvantage of a party on the basis that the
       party put forward the Agreement or any part of the Agreement.
1.5    Ref erence to:

       (a) The singular includes the plural and the plural includes the singular;

       (b) One gender includes each other gender;

       (0) A person includes a body corporate;

       (d) A party includes the party's executors, administrators, successors and any
            assignee of this Agreement;

       (e) An amount of money is a reference to that amount exclusive of GST, unless
            otherwise indicated or required by the context;

       co Any legislation or any provision of any legislation includes:

               (i) Statutory modification or re-enactment of or any statutory provision
                    substituted for that legislation, section or provision;

               (ii) Ordinances, by-laws, regulations and other statutory instruments issued
                      under that legislation, section or provision.
2.     INFRASTRUCTURE AGREEMENT

2.1    This Agreement is intended to constitute an infrastruclure agreement under the Act.
2.2    The Applicant as Owner consents to the obligations of the Applicant under this deed
       being attached to the Property and binding on the Applicant and the Applicant's
       successors in title in accordance with Section 674 (When Infrastructure agreements
       bind successors in title) of the Act.
3.     APPEAL


       The Applicant and the Council agree to enter into a consent judgment allowing the
       Appeal subject to the consolidated conditions of approval in Schedule I hereto or such


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