Document ID: chunk:federal_register_of_legislation:C2024C00682:schedule:1:p26
Version: federal_register_of_legislation:C2024C00682
Segment Type: schedule
Provision Reference: sch 1 (pt 26/50)
Character Range: 134493–137198

or waiver of any provision of this Agreement nor consent to any departure therefrom by any party shall in any event be of any force or effect unless the same shall be confirmed in writing, signed by all of the parties hereto, and then such variation, modification, waiver or consent shall be effective only to the extent for which it may be made or given.

    21. ASSIGNMENT
    This Agreement may not be assigned in whole or in part by either party without the prior written consent of the other.

    22. DISPOSAL BY BANK
    The Bank shall not, without the prior written consent of the Commonwealth, transfer, assign, sell, give or otherwise dispose of its interest in any Mortgage to any person, including a subsidiary, holding company, partner or joint venturer of the Bank, or any company or organisation whether incorporated or not, in which the Bank has an interest, holds stocks or shares, or is a member of or holds a position in either directly or otherwise unless:
      (a) suitable arrangements are made such that Subsidised Borrowers and Joint Borrowers can continue to deal only with the Bank;
      (b) the Bank remains liable to the Commonwealth to ensure that all of the Bank's obligations under this Agreement are complied with and that the rights of Subsidised Borrowers and Joint Borrowers are not adversely affected notwithstanding that the Mortgages may be transferred by the Bank to another entity;
      (c) the Commonwealth shall only be obliged to pay Subsidy to the Bank; and
      (d) the Bank gives the Commonwealth thirty (30) days notice of its intention to do so together with details as to the manner in which the Bank is to comply with the provisions of this Clause.

    23. FURTHER ASSURANCES
    Each party to this Agreement shall do, sign and execute all deeds, schedules, acts, documents and things as may reasonably be required by the other party effectively to carry out and give effect to the terms and intentions of this Agreement whether before or after the date of execution.

    24. ARBITRATION
    24.1 Notice of dispute, question or difference
    If any party considers that a dispute, question or difference has arisen as to the meaning, operation or effect of the provisions of this Agreement or the rights, obligations or liabilities of any of the parties then such party shall serve on the other party a notice of such dispute, question or difference and the parties shall meet forthwith in an attempt to settle such dispute, question or difference.
    24.2 Submitting a dispute to arbitration
    In the event that such dispute, question or difference is not settled within fourteen (14) days from the date of service of the notice referred to in