THIS agreement may be terminated at any time by the Company if the State —
23 THIS agreement may be terminated at any time by the Company if the State —
fails to comply with or carry out the obligations on its part contained in this agreement;
by legislation Order in Council regulation or other means substantially alters varies or modifies without the written consent of the Company the terms of this agreement
but such termination shall not affect the provisions of the mortgage referred to in clause 3 hereof nor the enforcement of any right obligation or liability acquired accrued or incurred prior to such determination.
Notices 2
24. (a) NOTICE of termination shall be given in writing by the State under the hand of the Minister or by the Company under its Common or Official Seal.
NOTICE of termination shall be deemed to have been received on the day following its postage and shall take effect six (6) months after that date unless the State or the Company as the case may be shall in the meantime have remedied the breach.
Delays 2
25. THIS agreement other than clause 3 hereof shall be deemed to be made subject to any delays in the performance of obligations under this agreement which may be occasioned by or arise from circumstances beyond the power and control of the party responsible for the performance of such obligations including delays caused by or arising from act of God act of war force majeure act of public enemies destruction by fire of the Company’s mill or other calamity strikes lock‑outs stoppages restraint of labour or other similar acts (whether partial or general) shortage of labour or of essential materials reasonable failure to secure contractors delays of contractors power failures riots and civil commotion or trade conditions of a general nature throughout the Australian economy adversely affecting the Company to a material extent.
Arbitration 2
26. ANY dispute or difference between the parties arising out of or in connection with this agreement or any agreed variation thereof or as to the construction of this agreement or any such variation or as to the rights duties or liabilities of either party hereunder or as to any matter to be agreed between the parties in terms of this agreement shall in default of agreement between the parties be referred to and settled by arbitration under the provisions of the Arbitration Act 1895 and its amendments for the time being in force.
Interpretation 2
27. THIS agreement shall be interpreted according to the laws for the time being in force in the said State.
Term of agreement 2
28. THE term of this agreement subject to the provisions hereof shall be fifty (50) years from the date hereof.
IN WITNESS whereof THE HONOURABLE DAVID BRAND M.L.A. has hereunto set his hand and seal and the OFFICIAL SEAL of the Company has hereunto been affixed the day and year first hereinbefore mentioned.
SIGNED SEALED AND DELIVERED by the said THE HONOURABLE DAVID BRAND M.L.A. in the presence of —
DAVID BRAND.
C. W. Court Minister for Industrial Development
Perth Western Australia
THE OFFICIAL SEAL FOR VICTORIA of AUSTRALIAN PAPER MANUFACTURERS LIMITED was hereto affixed by order of the Board of Directors in the presence of —
CHAS. S. BOOTH,
J. G. WILSON,
Directors.
D. H. ALEXANDER,
Secretary.
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