(1) The City shall —
14 (1) The City shall —
ensure that any builder engaged by the City for the Implementation of the Project or any part thereof is required by its contract of appointment to maintain policies of insurance during the implementation of the Project for such risks as a builder would usually insure against for an undertaking such as the Project and ensure that those policies are duly obtained and maintained;
ensure that any consultants to the Project have and maintain throughout the term of their appointment current policies of insurance with respect to professional liability.
14. (2) Before the commencement of implementation of the Project the City shall effect, through its insurance broker, and keep current until the completion of the Project those policies of insurance which that broker advises are usual and prudent in respect of an undertaking such as the Project, and which have been approved by the State, including policies with respect to —
contract works;
public liability for bodily injury and property damage which shall —
be in the joint names of the Parties and all contractors subcontractors and shall include directors employees and joint venturers and affiliated or subsidiary firms or companies of those persons (“the insured”) for their respective rights and liabilities;
include an insurers waiver of subrogation in favour of each party insured thereunder;
cover liability to the public for an amount of not less than TWENTY MILLION DOLLARS ($20,000,000.00) in respect of any one occurrence arising out of or in the course of or caused by or connected with the Project;
project professional indemnity which insurance shall require the City in the event of any claim being made to have recourse first to the separate policies of professional indemnity insurance held by each of the consultants engaged for the Project.
14. (3) The City shall after the completion of the Project maintain adequate insurance with respect to public liability and property damage with respect to the Reserved Land.
14. (4) Nothing in this clause nor in this Agreement nor in any of the required policies of insurance shall limit the liability of any builder or consultant to the Project to the proceeds of insurance received by any builder or consultant or the proceeds of any of the policies contemplated or effected pursuant to this Clause. Any party named in any of those policies shall be named without prejudice to their and each of their rights or to any right of action they or any of them might otherwise have or acquire either in contract or in tort against the builders or consultants arising out of this Agreement or any matter incidental thereto or out of any Act or matter incidental to the Project but none of the insured shall be deemed to have consented to any tortious Act nor to any Act which but for this Clause might have constituted a breach of contract.
CONSENTS AND APPROVALS
15. (1) Any consent, act, matter of thing required to be provided, obtained, executed, carried out or performed by any Party shall be given, done, executed, carried out or performed as expeditiously as possible and in any event so as not to unreasonably delay the implementation of the Project or the performance of any builder or contractor appointed by the City hereunder.
15. (2) Any consent, approval, permission, authority, decision, requirement or condition shall not be capriciously or unreasonably withheld or given, and the obligations and performance of any Party shall be carried out and performed in a reasonable manner.
FORCE MAJEURE
16. (1) Force majeure means events or occurrences and the effects thereof beyond the reasonable control of the Party claiming force majeure which affects the ability of that Party to observe and perform its obligations hereunder including war, invasion, riot, civil or military disturbances, sabotage, strikes, picketing or other labour disputes or disturbances, expropriation, lightning, fire, flood or threat of floods, earthquake, storm, cyclone, explosion, governmental restrictions or other governmental actions or inactions (unless such restrictions, actions, or inactions arise out of the failure of the Party affected to comply with any governmental requirement), and orders or temporary or permanent injunctions of any duly constituted court of competent jurisdiction or any duly authorised administrative agency or officer (unless any such order or injunction was imposed by reason of the failure of the Party affected to observe and obey any legal requirement or obligation under this Agreement).
16. (2) If any Party is unable, wholly or in part, by reason of force majeure to carry out any obligation on it, and notifies the other Parties that it wishes to claim that it is affected by force majeure, the obligation shall be suspended so far as it is affected by the force majeure during the period from the giving of the notice that force majeure is claimed until the force majeure and the effects of the force majeure cease. The notice claiming force majeure shall contain the particulars of the force majeure, and so far as is known, the extent to which the Party claiming force majeure considers that it will be unable to perform or be delayed in performing its obligations.
16. (3) A party acted by force majeure shall take all necessary steps to remedy or remove the force majeure and the effect of it as quickly as possible but this shall not require the settlement of strikes, picketing, or other labour disputes or disturbances on terms other than in accordance with proper legal and industrial procedures.
16. (4) Where a Party gives a notice pursuant to this Clause it shall thereafter during the continuance of the force majeure at least every five days give notice to the other Parties of the then probable extent to which it will be unable to perform or be delayed in performing its obligations and of any significant changes relative to the force majeure since it gave its last notice to the other Parties.
16. (5) If any Party disputes that the Party who has given a notice pursuant to this Clause is entitled to claim force majeure then that Party may refer the matter to the Project Committee for its decision.
NOTICES
17. (1) Any notice or other communication to be given or made under this Agreement shall be signed by the Party giving it or that Party’s representative and shall be in writing and may be served or sent by telex or prepaid post addressed as follows:
The State —
Minister for Planning
Town Planning Department
22 St. George’s Terrace
Perth
The City —
Town Clerk
City of Perth
27 St. George’s Terrace
Perth
Telex: Percit AA94452
Westrail —
The Chief Civil Engineer
Westrail Centre
West Parade
East Perth
Telex: WARAIL 92879
or such other address or telex number as the Parties may from time to time by notice designate.
17. (2) Notice to Westrail shall constitute notice to the Minister for Railways.
17. (3) Time shall not commence to run in respect of any notice before receipt by the addressee.
17. (4) In the case of personal delivery of any notice such notice shall be deemed to have been received by the Party on which it was served upon the date of its service.
17. (5) Any notice mailed as herein provided shall be deemed to have been served upon the Party to which it is addressed on the second day following the date of mailing.
17. (6) A telex shall be deemed to have been received by the Party to which it is addressed on the first business day following the day of sending provided that the receipt of a jumbled telex shall not cause time to run. Production of the relevant telex showing receipt by the sender of a Party’s telex answer back code at its head prior to despatch of the message and contained in the telex at the end following such despatch shall be evidence of receipt of a telex message.
EXECUTED ON THE DATE MENTIONED ON PAGE 1.
SIGNED by THE HONOURABLE BRIAN THOMAS BURKE M.L.A. for and on behalf of the State of Western Australia in the presence of — | } |
| |||
MIKE BALFE Classified State Civil Servant Premiers Department | |||||
THE COMMON SEAL of CITY OF PERTH was hereunto affixed in the presence of: M. A. MICHAEL Lord Mayor R. F. DAWSON Town Clerk | } | [C.S.] | |||
SIGNED by the MINISTER FOR WESTERN AUSTRALIAN GOVERNMENT RAILWAYS in the presence of: P. MIDDLETON | } | JULIAN GRILL | |||
THE COMMON SEAL of the THE WESTERN AUSTRALIAN GOVERNMENT RAILWAY COMMISSION was hereunto affixed in the presence of — B. M. SUTHERLAND D/Commissioner K. DONNELLY Secretary | } | [C.S.] | |||
FORREST PLACE AND CITY STATION DEVELOPMENT ACT 1985
Amendment to Enabling Agreement
File: 851‑2‑10‑10 Pt. 6 (S.P.C.).
IN accordance with section 20(2) of the Forrest Place and City Station Development Act 1985 be it known that the signatories to the Enabling Agreement of that Act have entered into an Amending Agreement whereby various dates contained in the Enabling Agreement have been altered.
The Amending Agreement, dated 26 February 1986, is reprinted hereunder. THIS AGREEMENT is made the 26th day of February, 1986.
BETWEEN:
THE HONOURABLE BRIAN THOMAS BURKE M.L.A. Premier of the State of Western Australia acting for and on behalf of the State of Western Australia and its instrumentalities from time to time (“the State”) of the first part
and
CITY OF PERTH of Council House 27‑29 St. George’s Terrace Perth a Municipality and body corporate constituted under the Local Government Act 1960 (“the City”) of the second part
and
MINISTER FOR WESTERN AUSTRALIAN GOVERNMENT RAILWAYS a body corporate constituted under the Government Railways Act 1904 (“Minister for Railways”) of the third part
and
THE WESTERN AUSTRALIAN GOVERNMENT RAILWAYS COMMISSION of Westrail Centre West Parade East Perth a body corporate constituted under the Government Railways Act 1904 (“Westrail”) of the fourth part.
RECITALS:
The Parties entered into an Agreement on the 1st day of November 1985 (“the Enabling Agreement”) for the Project as therein defined.
The Parties have agreed to amend the Enabling Agreement.
IT IS AGREED —
1. This Agreement is supplemental to the Enabling Agreement.
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