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s 10

(3) The City shall —

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10 (3) The City shall —

(a)

notify Westrail of any damage to the ventilation equipment in the City Station Complex of which the City becomes aware and Westrail shall forthwith attend to repairing such damaged equipment; and

(b)

pay Westrail’s reasonable costs incurred in carrying out the matters referred to in Sub-clause (2)(b) and (3)(a) within 30 days of each quarterly account for such costs being rendered by Westrail.

10. (4) Westrail shall be entitled to control and close access to the railway platforms without notice.

NORTHWEST CORNER LAND

11. (1) Upon the land beneath a depth of 12.19 metres beneath the surface of the Northwest Corner Land being transferred to the Crown by the Commonwealth of Australia, the Crown shall within a reasonable time after demand by the City cause the Department of Lands and Surveys to issue a Crown Grant for the land beneath the Northwest Corner Land to a depth of 30 metres and shall cause the Registrar of Titles to issue a Certificate of Title for that land and the Northwest Corner Land in the name of the City.

11. (2) Upon the settlement of the sale of the Northwest Corner Land the purchaser thereof shall be deemed to be an interested Party for the purposes of this Agreement.

COST ALLOCATION AND CONTRIBUTIONS

12. (1) If the Project proceeds with the participation of all of the Interested Parties then the proportion of Project Costs payable by each of the Parties to the DPA shall be as specified in the Fourth Schedule as may be varied or added to in the DPA.

12. (2) If the Project proceeds with either some or none of the Interested Parties then the City and the State shall increase or decrease (as the case may be) their cost contributions in respect of each area of development of the Project in proportion to their respective contributions for each area of development of the Project as specified in the Fourth Schedule as may be varied or added to in the DPA.

12. (3) Westrail shall pay the costs incurred by the City for the escalators, steps and lifts as shown in the Design Drawings for movement between the City Station Complex and Westrail Land and all associated mechanical electrical and building works necessary for their operation less SIXTY THOUSAND DOLLARS ($60,000.00), within 21 days after demand by the City, which demand shall only be made upon receipt by the City of each invoice for the escalators, steps and lifts.

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