(7) If after agreement or approval to the Design Drawings it is necessary at any time to vary the Design Drawings —
4 (7) If after agreement or approval to the Design Drawings it is necessary at any time to vary the Design Drawings —
to give effect to the agreement reached by the Parties pursuant to Sub-clause (5);
to give effect to any agreement with any of the Interested Parties prior to the Due Date;
due to the non‑participation of any of the Interested Parties; or
to give effect to any agreement after the Due Date between the Parties and any of the Interested Parties who have advised the City that they will participate in the Project
then the City shall forthwith instruct the Architect to so vary the Design Drawings as soon as possible prior to the execution of the DPA. If the Parties and those Interested Parties are unable to agree on any variations to the Design Drawings within seven days of the issue by the Architect of those varied Design Drawings then those varied Design Drawings shall be referred to the Project Committee for its approval which approval shall be given within fourteen days of the issue of those varied Design Drawings.
4. (8) The agreement of Westrail to the Design Drawings and any variations thereto shall only be required for the City Station Complex and its supporting columns and understructure and only in so far as the design of that Complex affects Westrail and its operations on the Westrail land.
4. (9) The Parties and the Project Committee shall have regard to the Schematics and the objectives and criteria in the Agreement in Principle in order to reach agreement or give approval to the Design Drawings and any variations thereto.
4. (10) If the Design Drawings and any variations are not agreed or approved pursuant to this Clause by 1 March 1986 then the DPA shall be executed within 30 days of agreement or approval to the Design Drawings.
4. (11) Notwithstanding that the Design Drawings have not been agreed or approved pursuant to this Clause the Parties shall proceed with the implementation of the Project on the Due Date according to the Timetable and the Design Drawings.
THE AGENCY
5. (1) The City shall act on its own behalf and also as agent for and on behalf of the State in implementing and completing the Project, and the State hereby appoints the City its agent in implementing and completing the Project and in doing so the City is authorised to —
enter into any contract arrangement or agreement necessary to give effect to this Agreement;
incur and pay the Project Costs and Indirect Costs;
apply for and sign any permits authorities applications licences permissions or consents;
enter onto the Padbury Building Land and the Forrest Place Land and do all things necessary on and to that land or relating to that land or with respect to the termination of tenancies, removal of encumbrances, or abatement of nuisances thereon as though the City were the registered proprietor of an estate in fee simple in that land; and
manage superintend supervise oversee and control the implementation and completion of the Project without any undue hindrance or interference by the State.
5. (2) This agency shall expressly not apply to the obligations of the State to create and vest the Reserves pursuant to Clause 6 nor shall it make the State liable for the care control and management of the Reserved Land after completion of the Project.
5. (3) The State shall indemnify and keep indemnified the City and the City shall indemnify and keep indemnified the State from all claims demands suits actions writs proceedings charges expenses and losses (“the claims”) arising pursuant to this agency or pursuant to the implementation or completion of the Project other than for the Project Costs and Indirect Costs. The liability of the City and the State to indemnify the other of them shall be to indemnify the other of them for one half of the amount of the claims.
VESTING TRANSFER AND DEALING WITH LAND
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