Infrastructure deed of construction of Access, Track, Maintenance of Veg STP24-0253 Application for Operational Works Fire Trail - 80 Cooyar Street Noosa Heads · OPW24/0118

Document Set ID: 22512401
Version: 1, Version Date: 21/07/2023


[OCR of page images]
7.4

8.1

8.2

8.3

8.4

8.5

8.6

8.7

Document Set ID: 22512401

In proving service of a Notice made, given or served by the Council it is only
necessary for the Council to certify to that effect under the hand of the Chief Executive
Officer.

Form of Notice

(a) A Notice given by a party must be in writing and signed by the party.

(b) A Notice given by a party may be signed by an officer of that party or the
solicitor for that party.

(c) A party receiving a Notice is not obliged to enquire as to the authority of the
person signing the Notice.

MISCELLANEOUS
Payment of costs

The owner shall pay the Council’s legal costs of and incidental to the preparation and
execution of this Deed on a solicitor own client basis.

Time
Time is, in all cases, of the essence.
Place for payment of monies

All monies payable to Council under this deed are payable free from all deductions
at the address of Council specified in Schedule 1.

Waiver

No waiver by the Council of any breach by the owner of any of the provisions of this
Deed shall be implied against the Council or be otherwise effective unless it is in
writing under the hand of the Chief Executive Officer.

Laches and delay

No laches or delay by the Council at any time or times in enforcing any of its rights,
powers and the like under this Deed prejudice or affect those rights or powers.

Severance

If any provision of this Deed 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 deed.
Warranty of authority

Any person signing this Deed:

(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 the
revocation of the power of attorney appointing that persons; and

9 of 12

Version: 1, Version Date: 21/07/2023