Document ID: chunk:federal_register_of_legislation:C2025C00096:schedule:1a:p7
Version: federal_register_of_legislation:C2025C00096
Segment Type: schedule
Provision Reference: sch 1A (pt 7/9)
Character Range: 309210–312089

to claim compensation, losses, expenses, costs or damages arising or resulting from this Supplementary Agreement against the other.

     5. GRANT OF EXCLUSIVE RIGHT
     5.1 The Commonwealth hereby grants to the Bank on the terms set out in this Supplementary Agreement the exclusive right to provide the first twenty five thousand dollars ($25,000.00), or such other amount as may be agreed upon by the parties, of the Variation Advances upon which Subsidy is payable to all persons who satisfy the tests of eligibility and entitlement under the Defence Service Homes Act 1918 as amended by the Veterans' Affairs Legislation Amendment Bill 1990.
     5.2 The Commonwealth agrees to notify all persons who seek Subsidised Advances in accordance with the Variation Advances under Part 2 of the Veterans' Affairs Legislation Amendment Act 1990 that the Bank has the exclusive right to grant these Variation Advances.

     6. ADOPTION AND APPLICATION OF AGREEMENT
     The Commonwealth and the Bank agree that they will adopt, apply, read and construe this Supplementary Agreement in accordance with the provisions of the Agreement as amended by the Schedule to this Supplementary Agreement.

     7. NON‑MERGING ON SETTLEMENT AND SEVERABILITY
     Any provision in this Supplementary Agreement which is to take effect after the last date of commencement of Part 2 of the Veterans' Affairs Legislation Amendment Bill 1990, shall not merge on settlement but rather shall continue in full force and effect.

     8. STAMP DUTY
     Any stamp duty arising out of this Supplementary Agreement or its implementation shall be borne by the Bank.

     9. APPLICABLE LAW
     This Supplementary Agreement shall be governed by and construed in accordance with the law for the time being in force in the Australian Capital Territory and the parties hereto agree to submit to the non‑exclusive jurisdiction of the Courts of the Australian Capital Territory.

     10. WAIVER
     Failure by either party at any time to enforce any of the provisions of this Supplementary Agreement or any amendments pursuant thereto by the other party shall not be contrued as a waiver by such party of such provision or in any way affect the validity of this Supplementary Agreement or any part thereof, or the rights of the other party thereafter to enforce each and every such provision. The waiver by either party of any provision of this Supplementary Agreement shall not constitute a waiver of any future obligation to comply with such provision.

     11. AMENDMENTS OR VARIATION
     No variation, modification or waiver of any provision of this Supplementary Agreement nor consent to any departure by any party therefrom shall in any event be of any force or effect unless the same shall be confirmed in writing, signed by all the parties hereto, and then such variation, modification, waiver