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

                 during the operation of this Agreement to enter into and upon the
                  Land for the purposes of—
                  (i) examining and inspecting the state or condition of the Land;
                  (i) ascertaining whether the obligations of the Owner under this
                      Agreement have been duly performed and fulfilled;
                  (ii) making good at the cost and expense of the Owner any breach
                      of such obligations provided that a Notice shall be given to the
                       Owner before such expenditure is incurred; and/or
                 (iv) exercising the Councils rights under this Agreement to enter
                      into and upon the Land.
            (b)  The nights of access include the right to—
                 (i)   Bring machinery, equipment and materials onto the Lands;
                 (ii) Effect and install works that are required or authorised to be
                      performed under this agreement.
            (c)  tn exercising any of these rignts—
                 (i)  Reasonable care must be exercised not to cause damage or
                      injury to property or person; and          }
                 (ii) The party exercising the right is deemed to be an invitee of the
                      registered owner and the occupier of the Land.
            (cd) Ifthe Owner enters into any agreement that may-limit Council's rights
                 under this clause 12.6, such as (without limitation) a lease of the
                 Land or part thereof, the Owner will first obtain from the relevant party
                 a covenant in favour of the Council that the party will comply with this
                 ‘Clause 12.6.
      12.7  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 severed or
            read down but so as to maintain and uphold so far as possible the
            remaining provisions of this Agreement.    .
      12.8  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 not received any notice or information of
                 ths revocation of the power cf atiomey appointing that person; and

     Makepeace Island Infrastructure Agreement                        Page 13 of 18

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