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2019-07-09 Planning & Environment Committee Agenda
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
Page 101 of 128
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 JULY 2019
provisions of the Competition and Consumer Act (a) if delivered by hand — upon written
2010 (Cth). acknowledgment of receipt by an officer or
other duly authorised employee, agent or
representative of the receiving party;
(b) if delivered by post — 7 days after dispatch;
and
Insurance (c)_ if delivered by e-mail — upon receipt of an
8.5 HLW must maintain, at all times during the term €-mail or other proof of completion of an e-
of, and for 3 years following the expiry or mail in accordance with the Electronic
termination of this agreement, the insurance Transactions (Queensland) Act 2001,
policies: but if the delivery, receipt or transmission is not
(a) professional indemnity insurance to the on a business day or is after 5.00pm on a
value of $10 million dollars per claim and business day, Notice is taken to be received at
$20 million in the aggregate; 9.00am on the next business day.
(b) public liability insurance to the value of 11 FORCE MAJEURE
$20 million per claim; and mms
eg 11.1. Neither party will be:
(c) workers compensation insurance for an
amount required by Queensland legislation. (a) in breach of this agreement as a result of;
8.6 HLW must, if requested by the Network Member, *
provide proof that it has obtained and maintains (b) liable for,
the insurances required by clause[8.5] any failure or delay in the performance of its
obligations under this agreement to the extent
Oo _BISUTRS DISeviES that such failure or delay is wholly or partially
9.1 If a dispute arises between the parties out of or caused, directly or indirectly, by a Force Majeure
relating to this agreement (Dispute), any party Event.
seeking to resolve the dispute must do so strictly
in accordance with the provisions of this 12 COSTS AND TAXES
clause Kamplance ww the cause is Conte prerysilite boy enclh party
ort ‘bun: Vint me ote th a ite invany:cou 12.1 Each party bears its own costs in relation to the
OF MEAG! ID Ss beey OF Mle menses preparation and signing of this agreement.
9.2 A party seeking to resolve the Dispute must GST
notify the existence and nature of the Dispute to 12.2. Any words capitalised in this clause 12 and not
the other party (Notification). On receipt of a already defined in clause 15.1 have the meaning
Notification, the Parties must refer resolution of given to those words in the GST Act.
the Dispute to their respective chief executive 12.3. Except under this clause 12, the consideration
officers or their nominees. for a supply made under or in connection with
; sey this agreement does not include GST.
a rh clog ceca hele “oe — within 30 12.4 If asupply made under or in connection with this
oe pe S Ls ou = c oe agreement is a taxable supply, then at or before
2 oe ee Ee eer ee Pee the time any part of the consideration for the
mediation and must do so before initiating supply is payable:
proceedings in a court to resolve the Dispute. (a) the recipient must pay the supplier an
9.4 A Dispute which is referred to mediation will be amount equal to the GST payable for the
referred to the Resolution Institute and be supply, in addition to, and in the same
conducted in accordance with the Resolution manner as the consideration otherwise
Institute’s mediation and conciliation rules. payable under this agreement for that
, a. supply); and
9.5 If the Dispute has not been resolved within 60 (b) the supplier must give the recipient a tax
days of referral to the Resolution Institute, a invoice for the supply
party is free to initiate proceedings in a court. ,
12.5 For clarity, the amount payable under
10 NOTICES clause 12[4] is correspondingly increased or
TO decreased by any subsequent adjustment to the
10.1 Notices between the parties are deemed to be amount of GST payable for the supply for which
given: the supplier is liable, however caused.
5 | Network Member Agreement — Noosa Council
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