Document ID: chunk:federal_register_of_legislation:F2015L01818:front:0:p148
Version: federal_register_of_legislation:F2015L01818
Segment Type: other
Provision Reference: 
Character Range: 421270–424101

the Park shall be preserved, managed and maintained according to the best comparable management practices established for national parks and botanical gardens anywhere in the world or where no comparable management practices exist, to the highest standards practicable.

    18.             DIRECTOR TO INDEMNIFY THE COUNCIL

    The Director shall indemnify the Council its servants agents or invitees (to the extent that the Council its servants agents or invitees is or are not negligent) against all actions and claims whatsoever that may be brought made or prosecuted against the Council its servants agents or invitees by any person in respect of any action or claim arising out of any act or omission (whether negligent or otherwise) of the Director, or of the Director's servants, agents or invitees in or in relation to the Park.

    19.             TERMINATION

    The Lease may be terminated in writing at any time with the agreement of both the Council and the Director.

    20.             PARTIES TO NEGOTIATE FIVE YEARS BEFORE EXPIRY

    20.1         Unless the Lease is terminated in accordance with the provisions herein prior to the expiry of the term the Council and the Director agree that they will enter into negotiations for the renewal or extension of the term of the Lease not later than five (5) years before its expiration.

    21.             VARIATION OF LEASE

    21.1         The parties may from time to time by agreement in writing add to, substitute for, cancel or vary any of the provisions of the Lease.

    21.2         The Director shall at least once in every five (5) years during the currency of the Lease meet with the representatives of the Council to discuss whether to vary any of the provisions of the Lease including the rent but not including the term and:

       (a)      if the Director and the Council agree upon any variation, the parties will execute all documents necessary or desirable to give full effect to the variation;

       (b)      if the Director and the Council fail to agree upon any variation of the Lease proposed by either party, the party which claims that a dispute or disagreement ("the Dispute") has arisen under or in relation to the Lease, must give written notice to the other party to the Lease specifying the nature of the Dispute.

       On receipt of that notice by that other party, the parties to the Lease must endeavour in good faith to resolve the Dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or determination or similar techniques agreed by them.

       If the Parties do not agree within seven (7) days of receipt of the notice (or such further period as agreed in writing by them) as to:

           (i)                the dispute resolution technique and procedures to be