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

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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   25 MARCH 2014




                                                   Page 77 of 231

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                              25 MARCH 2014

           (b) as an authorised officer, agent or trustee of any party warrants to the
                other parties that at the date of execution that person has full
                authority to execute this Agreement in that capacity.
     12.9  Further assurances
           Each party agrees at its cost to do everything reasonably necessary to give
           effect to this Agreement.                    .
     12.10 Force Majeure
           (a)  Ifa party is unable by reason of an event of Force Majeure to carry . -
       -     +  @ut-its obligations under this Agreement, that party must give a Notice
                to the other party advising of the event of the Force Majeure as soon
                as it is reasonably practicable after the event of a Force Majéure.
           (b)  If a party gives a Notice advising of an event of Force Majeure, that
                party's obligations will be suspended during the period for which the
   s          - event of Force Majeure orits effectextends. |.      wegay Re
   ’       (¢)  Where the obligations of 4 party are dependent ‘upon’ the dccurrence
                of specified circumstances, then the party will be relieved of its
                obligations for so jong as there is a change or deviation or non-
                occurrence of those circumstances arising from a matter beyond the
                party's control .
     12.11  Amendment of this Agreement
           (a)  Despite any provision of this Agreement, the Council and the Owner
          ‘     may at any time agree to vary the terms of this Agreement.          :
           (b)  No modification, variation or amendment of this Agreement is of any
                force or effect unless                             :
                (i)  it is in the form of an amendment agreement and has been
                     signed by the parties; and
                (ii) where relevant the amendment agreement complies with the
                     requirements of the Act.

     Makepeace Island Infrastructure Agreement           ‘          Page 14 of 18

                                                                               Page 77 of 231
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