Body Corporate - Deed of Engagement 13.04.2022 · 132006.823.10

                          Page 26
NICHOLSONS     Deed of Engagement
  Solicitors


[OCR of page images]
NICHOLSONS

Solicitors

Page 26

Deed of Engagement

 

2.2

2.3

2.4

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4.1

(b) Deleting Clause 10 which reads:- “To regularly inspect and report to the
Body Corporate on the efficient working condition of the boom gate and
any associated equipment”;

(c) Deleting from Clause 21 (which lists the equipment the Caretaker must
provide at the Caretaker’s expense) the words “garden-tools, hoses and
fittings"; fw ae

(d) Replacing Schedule Two with the attached Schedule; and *
(e) Adding the following clause as Clause 4.1A:-

“Despite any other provision of this Agreement, the Remuneration
for the year commencing 16 June 2010 will be $52,247 (excluding
GST). This amount will be used in the formula in Clause 4.3 to
calculate the Remuneration for the year commencing 16 June
2011.”

The parties -
{a) ratify and confirm all of the terms and conditions of the Agreement; and
(b) agree to be bound by the terms and conditions of the Agreement.

The Body Corporate acknowledges and agrees that the term of the Agreement is
25 years beginning on June 16, 2005 and ending on June 15, 2030;

The Body Corporate warrants that it has at general meeting, without the use of
proxies and in compliance in all respects with the requirements of the Act and the
applicable Regulation Module, resolved to vary the Agreements in accordance
with this Deed and to enter into this Deed.

costs

Each party will pay its own costs of the negotiation, preparation and execution of
this Deed except that the Manager will pay all stamp duty on it.

FURTHER ASSURANCE

Each of the parties will and will procure every other person as required to sign and
execute all such further documents and otherwise do all such things as may be
necessary or desirable to give full force and effect to this Deed.

SEVERANCE

In the event that any term or provision of this Deed for any reason whatsoever be
acknowledged by the parties hereto, or be adjudged by a Court of competent
jurisdiction or be held or rendered by any competent Government authority to be
invalid, illegal or unenforceable, such term or provision will be severed from the
remainder of the terms and provisions of this Deed and will be deemed never to
have been part of this Deed and the remainder of the terms and provisions of this
Deed will subsist and remain in full force and effect unless the basic purposes of
this Deed would thereby be defeated.