Document ID: chunk:federal_register_of_legislation:C2004A04077:schedule:2:p8
Version: federal_register_of_legislation:C2004A04077
Segment Type: schedule
Provision Reference: sch 2 (pt 8/16)
Character Range: 112617–115441

Veterans' Affairs Legislation Amendment Bill 1990 referred to in Sub-clause 4.1 which is submitted to Parliament shall have only such amendments as may be agreed in writing between the parties.

    4.6 In the event that Part 2 of the Veterans' Affairs Legislation Amendment Act 1990 is not passed in the form of the draft Bill referred to in Sub-clause 4.1 and, as a result, the condition contained in Sub-clause 4.1 is not met and this Supplementary Agreement is terminated or has no force or effect, neither the Bank nor the Commonwealth will have any right 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.

SCHEDULE 1—continued

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