2019-07-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA      9 JULY 2019




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                9 JULY 2019

                     any Confidential Information of the other             (b)     is not and does not become, by virtue of
                     party; and                                                   this agreement, an employee, agent or
                                                                                   partner of the other party.
                                                                   7.2     In carrying out the Program, HLW must not:
                 (b) ensure that the Confidential Information of                .               ,                 a
                     the other party is used, copied, supplied or          (a)  incur any financial or other obligation on
                     reproduced only as reasonably necessary                    behalf of the Network Member; or
                     for the purposes of this agreement.                   (b)  make any representation on behalf of the
                 Security and Control                                           Network Member,
        5.2      Each party must:                                          except with the prior written permission of the
                                                                           Network Member.
                 (a) keep the Confidential Information secure
                     and comply with any security measures                 No use of the Marks
                     established by the other party, fromtimeto    7,3     Each party must not use the trademarks or logos
                     time;                                                 of the other party except as expressly provided
                 (b) immediately notify the other party of any             in this agreement or with the other party's prior
                     suspected or actual unauthorised use, copy            written consent.
                     or    disclosure  of    the   Confidential
                     Information.                                  8       LIMITATION OF LIABILITY AND
                                          .                                INSURANCE
         5.3     Each   party  must   provide   all reasonable a
                 assistance requested by the other party in                Limitation of Liability
                 relation to any proceedings the other party may                 spa
                 take against any person for unauthorised use,     81      The     ee t ed to a Network Meniber
                 copying  or  disclosure  of  the  Confidential            ansing  jOUL  OF    tne: Perronmance (oF .non
                 Thfornation                                               performance of the Program whether under law
                            ,                                              of contract, tort or otherwise is limited to the
         6       PUBLICATION                                               cost of re-performing the Program which is the
        GA,    Giiled'tbsibuced/aal = Endrmanoaitiaoe                      subject of the Program Contribution.
        6.1      Subject to clauses     a Party may publish or = 7         ~The maximum liability of HLW to the Network
                 disclose Program Outcomes.                                Member out     of the   performance  or  non-
        6.2      The Network Member acknowledges that, from                performance of the Program, whether under the
                 time to time, all or party of the Program                 law of contract, tort or otherwise, will be to the
                 Outcomes may be subject to restrictions on                value of the Program Contribution.
                 publication or GSenaus and agree to the           3       HLW is discharged from all liability in respect of
                 following procedure:                                      the Program, whether under the law of contract,
                 (a)    HLW will notify the Network Member of              tort or otherwise, at the expiration of 2 years
                        the   restriction on    publication  or            from the completion of the Program, and the
                        disclosure and the time period in which            Network Member (and persons claiming through
                        that  restriction applies  (restriction            or under the Network Member) is not entitled to
                       period);                                            commence any action or claim whatsoever
                            .              a.         .                    against HLW (or any employee of the HLW) in
                 (b)    During   the   restriction period  the             respect of the Program after that date.
                        Network Member must obtain HLW’s                                  .
                        consent prior to any publication     or    8.4     HLW does not give any warranty nor accept any
                        disclosure of the Program Outcomes,                liability in relation to the performance or non-
                        which will not be unreasonably withheld.           performance of the Program except to the
                                                                           extent, if any, required by the law or specifically
         7       NO AGENCY AND NO USE OF MARKS                             provided for in this agreement. If apart from this
          SS.S§S§S§S§SS—=—@oos0amamn9a9aanananaDa9aU090anmam=a$01          clause any warranty would be implied whether
                 No Agency                                                 by law, custom, or otherwise, that warranty is to
                                                                           be the full extent permitted by law hereby
         7.1     Each                                                                        ces  ‘         ;
                  pen party                                                excluded. Nothing in this clause will be read or
                 (a)    must not represent itself or allow itself          applied so as to purport to exclude, restrict or
                        to be represented as an employee, agent            modify   or  have  the   effect of  excluding,
                        or partner of the other party; and                 restricting or modifying   the  application in
                                                                           relation to the supply of any goods and services
                                                                           pursuant to this agreement of all or any of the
                 4 | Network Member Agreement — Noosa Council

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