download WA Blue Gum Project Product Disclosure Statement 2013

(d)(e)(f)(g)Establishment of the Plantation are notobtained within 17 months from the date of theContract, the Grower may give notice to theProject Manager and the Contract will then beat an end and all amounts paid are to berefunded.Reports by Project ManagerThe Project Manager shall provide:(i)(ii)a report not later than 30 November ofeach year, detailing since thecommencement of the Contract, orthereafter since the last report, anychanges to the Plantation Developmentand Tending Plan, the actual operationsperformed on the Land or to thePlantation, details of the health and vigourof the Plantation including details of anyunforeseen outcomes which have affectedthe performance or viability of thePlantation, details of any foreseenoutcomes which are likely to affect theperformance or viability of the Plantation,and the outcome of any inventory ofvolume assessments which have beentaken; anda report as soon as practicable followingthe completion of the planting of thePlantation setting out the area comprisingthe Plantable Area.Assignments(i)(ii)A Grower shall not assign or otherwisedispose of its rights and obligations underthe Contract, unless the Grower providesto the Project Manager a guarantee andindemnity in a form approved by theProject Manager in respect of theperformance by the proposed Assignee ofeach obligation of the Grower.The Project Manager may assign its rightsand obligations to a suitably qualifiedperson who must covenant to perform allthe responsibilities of the ProjectManager. The Project Manager maycontract to another person any of itsresponsibilities under the Contract.Force MajeureEvery party to the Contract shall be excusedfrom performance of or any failure in thefulfilment of any obligation imposed upon it bythe Contract if and only to the extent and for thetime that such performance or fulfilment isprevented by Force Majeure or theconsequences of Force Majeure which theParty claiming Force Majeure could not haveprevented or overcome by exercising areasonable standard of care and prudence.Payments to the Project ManagerThe Grower agrees to pay to the ProjectManager all the amounts payable to the ProjectManager, which are contained in the ProjectManagement Contract.(h)(i)Termination in the Event of Default(i)(ii)(iii)The Project Manager will be entitled toterminate the Contract if the Growerdefaults under the Contract and thedefault shall have continued, in the caseof an obligation to pay money, for a periodof 14 days and in any other case, for aperiod of 1 month after receipt by theGrower of written notice from the ProjectManager specifying the default andrequiring the default to be rectified.The Grower will be entitled to terminatethe Contract if the Project Manager is indefault of any obligation under theContract and such default shall havecontinued for a period of 6 months afterreceipt by the Project Manager of writtennotice from the Grower specifying thedefault and requesting that the default beremedied.Either party may terminate the Contract ifthe Sub-lease is terminated.Dispute ResolutionIn the event any dispute between any of theparties to the Contract arises relating to thesubject matter of the Contract, any party maygive to the other notice in writing of the matter.The parties to the dispute may themselvesappoint an expert to determine the dispute. Ifthe parties cannot agree on the expert within 7days, any party can then request the Presidentof the Law Society of Western Australia toappoint an independent expert to determine thedispute.9.4 Summary of Sub-lease(a)(b)(c)PartiesThe Sub-lease will be between WABG ("theLandholder") and each several Grower, or inthe case of Joint Growers, both the first andsecond Joint Growers with the second JointGrower being exclusively responsible for thepayment of rent.Approval by Planning CommissionWhere approval is required for the Sub-leasepursuant to Sections 136 and 140 of thePlanning and Development Act 2005 (WA), theSub-lease is entered into on the basis that theapproval is obtained within 17 months from thedate of the Sub-lease.RentThe Grower or in the case of Joint Growers, thesecond Joint Grower, will pay to the Landholderduring the Term the Rent as follows:(i) for the period until 30 June 2013 (if any) -nil;(ii)for the year commencing 1 July 2013, thesum of $462 (including GST) (Indexed)per hectare, payable on 30 November2013; and