Attachment 3 - Infrastructure Agreement · 132007.12.8

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       obligations, or such of them as remain unpertormed or unfulfilled by the Applicant at
       the time of such sale.

9.2    In the event that the Applicant sells or transfers the Property otherwise than in
       compliance with clause 9.1 the Applicant must perform and fulfil the obligations under
       clause 4 at such time or times as the Council stipulates, even if the time or times
       otherwise appointed for such performance and fulfilment have riot then arrived.
9.3    In the event that the Purchaser enters into a deed of novation or such further deed or
       agreement which contractualIy obliges the Purchaser to the Council to perform the
       Applicant's obligations referred to in this deed, the Applicant shall be forever released
       from any further liability pursuant to this Agreement or otherwise arising from Its
       subject matter and the provisions of this clause may be pleaded as a bar to any
       proceedings brought by the Council.
to,    SERVICE

 0.1 A Notice is sufficiently made, given or served by a party if left at or forwarded by
     prepaid post in an envelope addressed to the other party or any of them (where there
     are more persons than one person comprising the party) at the address of that party
     referred to in this Agreement.

10.2 A Notice if sent by prepaid post is deemed to have been made, given or served at the
     time when in the due course of the post it would be delivered at the address to which it
     is directed whether or riot it is actually received,

10.3 In proving service of a Notice made, given or served by the Council it is only necessary
      for the Council to certify to that effect under the hand of the Chief Executive Officer.
10.4 Form of Notice

       (a)     A Notice given by a party must be in writing and signed by the party.

       (b)     A Notice given by a party may be signed by an officer of that party or the solicitor
               for that party.

       (0)     A party receiving a Notice is not obliged to enquire as to the authority of the
               person signing the Notice.
11.    MISCELLANEOUS

I I .I Payment of costs

       Each party shall pay its own costs of and incidental to the preparation and execution of
       this Agreement and the Appeal.
I 1.2 Time

       Time is, in all cases, of the essence.

I I. 3 Place for payment of monies


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