Document ID: chunk:federal_register_of_legislation:F2021L01354:body:0:p121
Version: federal_register_of_legislation:F2021L01354
Segment Type: other
Provision Reference: 
Character Range: 342145–344686

writing ("a termination notice") by the Lessor to the Lessee.

     2. where the Lessor by notice in writing advises the Lessee of an alleged breach of sub-clause (1), the parties shall meet in Alice Springs or such other place as agreed within thirty (30) days of the receipt of the notice by the Lessee ("the thirty (30) day period") to discuss whether there has been a breach of sub- clause (1);

          1. where the Lessor is ready, willing and able to meet with the Lessee but the parties do not meet within the thirty (30) day period due to the wilful neglect failure or refusal by the lessee, then the said alleged breach shall be deemed to be an actual breach of sub-clause (I), provided however that where the failure to meet is occasioned by the Lessor or by factors beyond the control of the lessee or the Lessor 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;

          2. 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 (1);
          3. 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 clause 22;
          4. if there is deemed to be an actual breach or if an arbitrator finds that there is an actual breach, the Lessor may as from the date of the deeming or the finding (as the case may be) ("the trigger date") issue a termination notice.
     3. Where a termination notice is issued, representatives of the Land Council and the Lessee 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.

     4. Where, within one hundred and eighty (180) days after the trigger date, a termination notice is not issued as provided in sub-clause 15(2) then the Lessor, representatives of the Land Council and the Lessee shall meet to discuss whether to vary any provisions of this lease including the rent, but not including the term.
     5. Clauses 20 and 21 shall not apply to any negotiations entered into under sub-clause 15(3).
   6.    Where the Act or regulations giving rise to a termination notice is amended prior to termination of this leas so as to no