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2019-07-09 Planning & Environment Committee Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA      9 JULY 2019




                                                  Page 103 of 128

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                  9 JULY 2019

                                                                            (d)  a  reference  to   a  clause,  paragraph,
                                                                                 schedule or annexure is a reference to a
                                                                                 clause or paragraph of or schedule or
                                                                                 annexure to this agreement and a reference
               Insolvency Event means any of the following                       Se aeeemnent melidesiany Senedines
               events concerning a party, unless the events take                               ,
               place  as   part  of  a  solvent  reconstruction,            (e)  a reference to a document or agreement,
               amalgamation, merger or consolidation on terms                    including  this  agreement,   includes  a
               approved by the other party before it takes place                 reference to that document or agreement
               and the implementation of the reconstruction,                     as notated, altered or replaced from time to
               amalgamation, merger or consolidation complies                    time;
               with the terms of the approval:                              (f,  words and expressions importing natural
                 (a)  if an administrator, liquidator, receiver,                 persons   include   partnerships,  bodies
                      receiver and manager or other controller                   corporate, associations, governments and
                      (as defined in the Corporations Act) is                    governmental and    local authorities and
                      appointed to, or over, any of the property                 agencies;
                      or undertaking of the party;                          (g)  a reference to any legislation or statutory
                 (b)  if a controlling trustee is appointed to, or               instrument or regulation is construed in
                      over, any of the property or undertaking of                accordance with the Acts Interpretation Act
                      the party; or                                              1901   (Cth)  or   the  equivalent   State
                 (a)  the party is unable to pay its debts when                  legislation, as applicable;
                      they become due and payable;                          (h)  a reference to a specific time for the
                      ,                                ;                         performance of an obligation is a reference
                 SO   ae is seeemeiial eels                                      to that time in the State, Territory or other
                Key Performance Indicators are the targets                       place  where that obligation    is to  be
                used to manage and measure the Program                           performed; and
                Deliverables and specified in Annexure 1;                   (i)  areference to a party includes its executors,
                Parties mean the parties to this agreement and                   administrators, successors and permitted
               ‘party’ means any one of them.                                    assigns.
                Program means the Program to be carried out
               on in accordance with these Terms and the
               Agreement Schedule;
                Program      Contributions     means       the
               contributions  described   in  the   Agreement
               Schedule;
                Program Outcomes means the outcomes of
               the Program;
               Term means the term contemplated by clauseldl]
               Interpretation
         15.2  In this agreement, unless the contrary intention
               appears:
                 (a)  headings are for ease of reference only and
                      do  not   affect  the  meaning    of  this
                      agreement;
                 (b)  the singular includes the plural and vice
                      versa and words importing a gender include
                      other genders;
                 (c)  other grammatical forms of defined words
                      or   expressions    have    corresponding
                      meanings;

                 7 | Network Member Agreement — Noosa Council

                                                                                                            Page 103 of 128
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