NON-EXCLUSIVE LICENCE

LICENCE
Flower and Hart
(d)
(e)
14. GENERAL
14.1 Time Essential
regulations in force at a particular date, is to be prima facie evidence of the rules and regulations in
force at the date.
The Operations Manual and any variation to the Operations Manual will bind the Licensee when
they are published on PBPL’s web page www.portbris.com.au .
If there is any inconsistency between the provisions of this Licence and any rules and regulations
and/or the Operations Manual, the provisions of this Licence prevail. PBPL is not liable for any loss
or damage howsoever caused arising out of any non-enforcement of the rules and regulations.
Time is essential for all Obligations of either Party in this Licence.
14.2 Negativing of Moratorium
To the fullest possible extent, the provisions of all Statutes which may operate to lessen or modify the
Obligations of the Licensee or restrict the exercise by PBPL of its rights powers and remedies are
expressly negatived and excluded from this Licence.
14.3 No merger
The rights and Obligations of the parties will not merge on completion of any transaction under this
Agreement. They will survive the execution and delivery of any assignment or other document entered
into for the purpose of implementing any transaction.
14.4 Governing Law
This Licence is governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction
of courts exercising jurisdiction there.
14.5 Notices
(a)
(b)
(c)
(d)
Any Notice is deemed to have been duly given if delivered or sent by post or facsimile transmission
to the Party to which it is directed at the addresses specified in the Reference Data.
Any Notice is deemed served on:-
(i)
(ii)
14.6 Severability
the second (2 nd ) Business Day after posting (if sent by post); or
receipt by the sender of a satisfactory transmission report (if sent by facsimile).
If a Notice is served by hand or is received by facsimile on a day which is not a Business Day, or
after 5.00pm on any Business Day, such Notice is deemed to be served at 9.00am on the next
following Business Day.
Any Notice is sufficient if signed by the Party, the solicitors for that Party or, if the Party is a
corporation, by a director or secretary.
If it is held by a Court of competent jurisdiction that:
(a)
(b)
any part of this Licence is void, voidable, illegal or unenforceable; or
this Licence would be void, voidable, illegal or unenforceable unless any part of this Licence is
severed,
that part is to be severable from and does not affect the continued operation of the rest of this Licence.
14.7 PBPL’s Statutory Powers
This Licence is without prejudice to, and must not restrict PBPL’s powers and discretions under, any
Statute or Statutory instrument.
14.8 Trusts
If the Licensee at any time is acting in the capacity of trustee of any trust (“the Trust”) then, whether or
not PBPL may have notice of the Trust, the Licensee covenants with PBPL as follows:
(a) This Licence extends to all rights of indemnity which the Licensee now or subsequently may have
against the Trust and the trust fund;
Page 18 of 22
{301081 \ 01177223}