Body Corporate - Deed of Engagement 13.04.2022 · 132006.823.10

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NICHOLSONS     Deed of Engagement
  Solicitors


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NICHOLSONS Page 13
Solicitors Deed of Engagement

NICHOLSONS__ Page 5
—" SOLICHTORS Caretaking Agreement

 

 

of the lots, and the Body Corporate must at its own expense erect and secure signs
in or about the Buildings to assist the Caretaker and the better control management
and administration of the Buildings.

a EXPENDITURE

7.4. The Caretaker shail be entitled to pledge the credit ofthe Body. Corporate and incur
expense on behaif of the Body Corporate in respect of any single transaction to an amount
not exceeding the limit of expenditure of the Committee under the Act for the purpose of
obtaining materials or services (outside the reasonable expertise of the Caretaker) used in
the performance of the duties of the Caretaker and for such other purposes as are
necessary or incidental to the discharge of the duties of the Caretaker pursuant to this
Agreement.

7.2 Any such expense (including any GST) paid by the Caretaker shall be reimbursed by the
Body Corporate to the Caretaker within 14 days of a written demand for reimbursement
accompanied by copies of invoices and/or receipts from the supplier of the materials or
services,

8. ASSIGNMENT

8.1 The Caretaker shall not assign this Agreement or any interest in it except in accordance
with this Clause.

8.2 The Caretaker may assign this Agreement or any interest in it with the prior consent in
writing of the Body Corporate Committee. Such consent shall not be unreasonably withheld
if at the time at which such consent is sought the Caretaker is not in default under this
Agreement and that consent is sought on the following basis:

(a) | The Caretaker shall give at least 3 weeks written notice to the Body Corporate of
the date of the proposed assignment and provide with that notice all reasonable
details of the proposed assignee;

(b) The Caretaker shall arrange an interview between the Committee and the proposed
assignee:

(c) The Caretaker shall prove to the reasonable satisfaction of the Body Corporate that
the proposed assignee is & respectable responsible and financially sound person
capable of adequately performing and observing the duties and provisions of this
Agreement.

8.3 Any consent to assignment shall not be effective until:

(a) The Caretaker has entered into a deed with the Body Corporate in a form
reasonably required by the Body Corporate under which the Caretaker releases the
Body Corporate from all claims against the Body Corporate in respect of or in any
way arising from this Agreement;

(b) The proposed assignee (and in the event the assignee is a company or trust, such
guarantors as reasonably required by the Body Corporate) has entered into a deed
with the Caretaker and the Body Corporate in a form reasonably required by the
Body Corporate which deed contains a covenant by the proposed assignee to be
bound by and to observe and perform the provisions hereof,

(c) The Caretaker pays to the Body Corporate all proper and reasonable costs and
expenses incurred by the Body Corporate in respect of the request for consent to
the assignment whether or not the assignment is made.