Attachment 3 - Infrastructure Agreement · 132007.12.8

       All monies payable to a party under this Agreement are payable free from all
       deductions at the address of that party referred to in this agreement.
  A Waiver

       No waiver by the Council of any breach by the Applicant of any of the provisions of this
       Agreement shall be implied against the Council or be otherwise effective unless it is in
       writing under the hand of the relevant Chief Executive Officer.

I 1.5 Laches and delay

       NO Iaches or delay by the Council at any time or times in enforcing any of its rights,
       powers and the like under this Agreement prejudice or affect those rights or powers.
I 1.6 Severance

       If any provision of this Agreement cannot be given effect or full force and effect by
       reason of statutory invalidity that provision shall be served or read down but so as to
       maintain and up hold so far as possible the remaining provisions of this deed.

I 1.7 Warranty of authority

       Any person signing this Agreement:

       (a) as attorney of any party warrants to the other parties that at the date of execution
               that person has riot received any notice or information of the revocation of the
               power of attorney appointing that persons; and

       (b) as an authorised officer, agent or trustee of any party warrants to the other
             parties that at the date of execution that person has full authority to execute this
            deed in that capacity.
 I. 8 Further assurances

       Each party agrees at its cost to do everything reasonably necessary to give effect to
       this Agreement.

 1.9 Force Majeure

               it a party is unable by reason of an event of Force Majeure to carry out its
               obligations under this Agreement, that party must give a Notice to the other party
               advising of the event of the Force Majeure as soon as it is reasonably practicable
               after the event of a Force Majeure.

       (b) If a party gives a Notice advising of an event of Force Majeure, that party's
              obligations will be suspended during the period for which the event of Force
              Majeure or its effect extends.

       (0) Where the obligations of the Council are dependent upon the occurrence of
            specified circumstances, then the Council will be relieved of its obligations for so
               long as there is a change or deviation or nori-occurrence of those circumstances
               arising from a matter beyond the Council's Control.

Leg. U47541127_I