Document ID: chunk:federal_register_of_legislation:F2015L01818:front:0:p141
Version: federal_register_of_legislation:F2015L01818
Segment Type: other
Provision Reference: 
Character Range: 403053–405956

the annual rent on and from the Review Date;

              B             is the annual rent immediately prior to the Review Date;

              C             is the CPI last published as being current at the relevant Review Date; and

              D             is the CPI last published as being current at the immediately preceding Review Date (which in the case of the first Review Date is the Commencement Date).

    8.4             In the event of there being a variation in the rent by operation of sub-clause 8.2 then any necessary adjustment and payment or repayment, as the case may be, must be made between the Lessor and Lessee.

    8.5             The rent will not be reduced in the event of a decrease in the index number since the previous review date.

PART III - COVENANTS AND CONDITIONS

    9.                 DIRECTOR'S COVENANTS

    9.1             The Director covenants:

         (a)      to take all practicable steps to ensure compliance by all persons with the Lease, the EPBC Act, Regulations under the EPBC Act and the Management Plan;

         (b)      not to transfer, assign, sublet, part with the possession of, or otherwise dispose of the Park or any part thereof without the consent in writing of the Council and then only in accordance with the Management Plan;

         (c)       to pay all reasonable costs of and incidental to the registration, preparation, execution and stamping of the Lease;

         (d)      to pay all rates and taxes which may at any time become due in respect of the Park;

            (e) (i) to carry all of the risk, and have adequate insurance, in respect of the timely reinstatement to full replacement value of any of the improvements in the Park which may be damaged or destroyed (without the prior written consent of the Council), being improvements existing at the date of the commencement of the Lease and such other improvements as may be made except such improvements in respect of which there exists a contract of insurance insuring the risk to the extent of liability imposed upon the Director under this sub-clause,

            (ii) to carry all of the risk, and have adequate insurance, as occupier of the Park as regards any liability to any third person,

            (iii) as far as is practicable, to make good any damage to the Park (other than improvements) being damage caused by the Director except where that damage to the Park or any other land owned by the Council and managed in association with the Park was occasioned with the prior written consent of the Council;

         (f)                   to comply with all Acts, Regulations and other laws otherwise applicable to the Park.

    10.             DIRECTOR'S OBLIGATIONS

    10.1         The Director covenants subject to the Management Plan:

       (a)      to promote and protect the interests of the Community;

       (b)      to protect