tender for the operation of an entertainment attraction the ...
tender for the operation of an entertainment attraction the ... tender for the operation of an entertainment attraction the ...
8.6 If the dispute is not resolved within 90 days of the initiation of the mediation, or ifeither party will not participate in the mediation either party may commenceproceedings.9. ASSIGNMENT AND SUB-CONTRACTING9.1 The Licensee shall not assign the benefit or advantage of the Licence in whole or inpart.9.2 The Licensee shall not use the services of self-employed individuals without theCouncil’s prior written agreement.10. ENTIRE AGREEMENT10.1 This Licence constitutes the Entire Agreement between the parties relating to thesubject matter of the Licence. The Licence supersedes all prior negotiations,representations and undertakings, whether written or oral, except that this clauseshall not exclude liability in respect of any fraudulent misrepresentation.11. FORCE MAJEURE11.1 Neither party shall be liable for breach of its obligations under the Licence to theextent that any such breach is caused by any act of God, natural flood, fire (savewhere such fire is due to the negligence or fault of the party), lightning strike,earthquake, pandemic outbreak of infectious virus, war, military operations, act ofterrorism or riot, but nonetheless each party shall use all reasonable endeavours toperform its obligations under the Contract.12. NOTICES12.1 Except as otherwise expressly provided within the Agreement, no notice or othercommunication from one Party to the other shall have any validity under theAgreement unless made in writing by or on behalf of the Party concerned.12.2 Any notice or other communication which is to be given by either Party to the othershall be given by letter (delivered by hand, post, registered post or by the recordeddelivery service), by facsimile transmission or electronic mail (confirmed in either caseby letter).12.3 Provided the relevant communication is not returned as undelivered, the notice orcommunication shall be deemed to have been given 2 Working Days after the day onwhich the letter was posted, or four hours, in the case of electronic mail or facsimiletransmission or sooner where the other Party acknowledges receipt of such letters,facsimile transmission or item of electronic mail.13. SEVERANCE30
13.1 If any provision of the Licence is held invalid, illegal or unenforceable for any reasonby any court of competent jurisdiction, such provision shall be severed and theremainder of the provisions of the Licence shall continue in full force and effect.14. THIRD PARTIES14.1 Pursuant to the Contracts (Rights of Third Parties) Act 1999 the parties agree that aperson who is not a party to this Licence may not enforce any of its terms.15. VARIATION15.1 The terms of the Licence may be varied by written agreement between the parties.15.2 In the event of a Variation the price may also be varied. Such Variation in the priceshall be calculated and agreed in writing between the parties and shall be suchamount as properly and fairly reflects the nature and extent of the Variation in all thecircumstances Failing agreement the matter shall be determined in accordance withthe provisions of clause 8.16. WAIVER16.1 The failure of either Party to insist upon strict performance of any provision of theAgreement or the failure of either Party to exercise any right or remedy shall notconstitute a waiver of that right or remedy and shall not cause a diminution of theobligations established by the Agreement.16.2 No waiver shall be effective unless it is expressly stated to be a waiver andcommunicated to the other Party in writing in accordance with the provisions of clause12.16.3 A waiver of any right or remedy arising from a breach of the Agreement shall notconstitute a waiver of any right or remedy arising from any other or subsequent breachof the Agreement.17. PREVENTION OF CORRUPTION17.1 The Council may terminate this Licence and recover all its loss if the Licensee shoulddo any of the following things:17.1.1 offer, give or agree to give to anyone any inducement or reward in respect ofthis or any other Council contract (even if the Licensee does not know what hasbeen done); or17.1.2 commit an offence under the Prevention of Corruption Acts 1889 to 1916 orSection 117(2) of the Local Government Act 1972; or17.1.3 commit any fraud in connection with this or any other Council contract whetheralone or in conjunction with Council Members, contractors, suppliers, or31
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13.1 If <strong>an</strong>y provision <strong>of</strong> <strong>the</strong> Licence is held invalid, illegal or unen<strong>for</strong>ceable <strong>for</strong> <strong>an</strong>y reasonby <strong>an</strong>y court <strong>of</strong> competent jurisdiction, such provision shall be severed <strong>an</strong>d <strong>the</strong>remainder <strong>of</strong> <strong>the</strong> provisions <strong>of</strong> <strong>the</strong> Licence shall continue in full <strong>for</strong>ce <strong>an</strong>d effect.14. THIRD PARTIES14.1 Pursu<strong>an</strong>t to <strong>the</strong> Contracts (Rights <strong>of</strong> Third Parties) Act 1999 <strong>the</strong> parties agree that aperson who is not a party to this Licence may not en<strong>for</strong>ce <strong>an</strong>y <strong>of</strong> its terms.15. VARIATION15.1 The terms <strong>of</strong> <strong>the</strong> Licence may be varied by written agreement between <strong>the</strong> parties.15.2 In <strong>the</strong> event <strong>of</strong> a Variation <strong>the</strong> price may also be varied. Such Variation in <strong>the</strong> priceshall be calculated <strong>an</strong>d agreed in writing between <strong>the</strong> parties <strong>an</strong>d shall be suchamount as properly <strong>an</strong>d fairly reflects <strong>the</strong> nature <strong>an</strong>d extent <strong>of</strong> <strong>the</strong> Variation in all <strong>the</strong>circumst<strong>an</strong>ces Failing agreement <strong>the</strong> matter shall be determined in accord<strong>an</strong>ce with<strong>the</strong> provisions <strong>of</strong> clause 8.16. WAIVER16.1 The failure <strong>of</strong> ei<strong>the</strong>r Party to insist upon strict per<strong>for</strong>m<strong>an</strong>ce <strong>of</strong> <strong>an</strong>y provision <strong>of</strong> <strong>the</strong>Agreement or <strong>the</strong> failure <strong>of</strong> ei<strong>the</strong>r Party to exercise <strong>an</strong>y right or remedy shall notconstitute a waiver <strong>of</strong> that right or remedy <strong>an</strong>d shall not cause a diminution <strong>of</strong> <strong>the</strong>obligations established by <strong>the</strong> Agreement.16.2 No waiver shall be effective unless it is expressly stated to be a waiver <strong>an</strong>dcommunicated to <strong>the</strong> o<strong>the</strong>r Party in writing in accord<strong>an</strong>ce with <strong>the</strong> provisions <strong>of</strong> clause12.16.3 A waiver <strong>of</strong> <strong>an</strong>y right or remedy arising from a breach <strong>of</strong> <strong>the</strong> Agreement shall notconstitute a waiver <strong>of</strong> <strong>an</strong>y right or remedy arising from <strong>an</strong>y o<strong>the</strong>r or subsequent breach<strong>of</strong> <strong>the</strong> Agreement.17. PREVENTION OF CORRUPTION17.1 The Council may terminate this Licence <strong>an</strong>d recover all its loss if <strong>the</strong> Licensee shoulddo <strong>an</strong>y <strong>of</strong> <strong>the</strong> following things:17.1.1 <strong>of</strong>fer, give or agree to give to <strong>an</strong>yone <strong>an</strong>y inducement or reward in respect <strong>of</strong>this or <strong>an</strong>y o<strong>the</strong>r Council contract (even if <strong>the</strong> Licensee does not know what hasbeen done); or17.1.2 commit <strong>an</strong> <strong>of</strong>fence under <strong>the</strong> Prevention <strong>of</strong> Corruption Acts 1889 to 1916 orSection 117(2) <strong>of</strong> <strong>the</strong> Local Government Act 1972; or17.1.3 commit <strong>an</strong>y fraud in connection with this or <strong>an</strong>y o<strong>the</strong>r Council contract whe<strong>the</strong>ralone or in conjunction with Council Members, contractors, suppliers, or31
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