Document ID: chunk:federal_register_of_legislation:F2015L01818:front:0:p146
Version: federal_register_of_legislation:F2015L01818
Segment Type: other
Provision Reference: 
Character Range: 416337–418913

shall be deemed to be a breach of a fundamental term of the Lease for which the Lease may (subject to sub-clause 16.2) be terminated on 18 months notice in writing ("a termination notice") by the Council to the Director.

       (a)      Where the Council alleges a breach pursuant to sub-clause 16.1 it must by notice in writing advise the Director of the alleged breach, and after service of that notice the parties shall meet in the Park or such other place as agreed within thirty (30) days of the receipt of the notice by the Director ("the thirty (30) day period") to discuss whether there has been a breach of sub-clause 16.1;

       (b)      where the Council is ready, willing and able to meet with the Director but the parties do not meet within the thirty (30) day period due to the wilful neglect failure or refusal by the Director, then the said alleged breach shall be deemed to be an actual breach of subclause 16.1, provided however that where the failure to meet is occasioned by the Council or by factors beyond the control of the Council or the Director then the parties shall meet at such other time as is mutually agreed upon but in any event within thirty (30) days of the expiration of the initial thirty (30) day period;

       (c)       where the parties agree within the thirty (30) day period or any extension thereof that the said alleged breach is an actual breach, there shall be deemed to be an actual breach of sub-clause 16.1;

       (d)      where the parties meet but do not agree within the thirty (30) day period or any extension thereof that the said alleged breach is an actual breach, the question of whether the said alleged breach is an actual breach shall be referred to arbitration pursuant to the provisions of the Lease;

       (e)      if there is deemed to be an actual breach, the parties agree that there is an actual breach or if an arbitrator finds that there is an actual breach, the Council may as from the date of any agreement, deeming or the finding (as the case may be) ("the trigger date") issue a termination notice.

    Where a termination notice is issued, representatives of the Council and the Director shall as soon as possible within the period of the notice, meet and enter into bona fide negotiations with a view to the grant of a new lease.

    Where, within one hundred and eighty (180) days after the trigger date, a termination notice is not issued as provided in sub-clause 16.2 then the Director and representatives of the Council shall meet to discuss whether to vary any provisions of the Lease