2014-03-25 Planning & Organisation Committee Agenda Pages 39-80

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   25 MARCH 2014




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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                               25 MARCH 2014

     6.    DEFAULT
     6.1  ~ Default Notice                                                     .
           If @ party fails to punctually perform ‘its obligations under this Agreement
           the non-defaulting party may give notice of that default to the defaulting
           party, which notice will specify full particulars of the default.
     6.2  Time for remedy
           The defaulting party must remedy any default specified in a Default Notice
           within reasonable time after receipt of the default notice. In determining a
           reasonable time regard must be had to all relevant factors including—
           (a)  The nature and extent of the default;
           (b)  Whether any statutory approvals or processes must be obtained or
                complied with;
           (c)  Whether the default poses any risk, nuisance or danger to users of
                the Land, members of the public, or the environment, or is likely to
                cause continuing loss or damage to any person:
           (d)  The existence of Force Majeure;
    6.3    for a default involving failure to pay an instalment under this Agreement, a
           reasonable time to remedy the default is taken as seven (7) days.
    we     REMEDIES
  . 7.1__  If either party falls to remedy any default within the time required, and that
           default consists of a failure to perform or properly perionm any works, then
           the non-defaulting may perform, complete or rectify those works and
           recover from the defaulting pary the reasonable costs of doing so
           (induding reasonable charges for supervision, interest, administration,
           legal and overheads),
    7.2    The rights and remedies set out in clause 7.1 are in addition to any other
           rights and remedies either party may have against the other at law.
    8.     DISPUTE
    8.1    If there is any dispute as to—
           (a)  The meaning or effect of any provision of this Agreement or
           (b)  Whether any person has exercised any discretion or made any
                decision or determination under this Agreement in accordance with
                the requirements set out in this Agreement applying to that discretion,
                decision or determination; or

    Makepeace Island Infrastructure Agreement                         Page 9 of 18

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