Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...

4.3 No waiver of any provision of this Agreement shall be effective unless it is expresslystated to be a waiver and communicated by the non-defaulting Party to the other4.4 The Parties may vary this Agreement in writing and if such variation takes place thenit shall be treated as if it were a provision of this Agreement as at the time ofexecution, unless otherwise agreed.5 Severability5.1 If any provision of this Agreement is held invalid, illegal or unenforceable for anyreason by any court of competent jurisdiction, such provision shall be severed and theremainder of the provisions of this Agreement shall continue in full force and effect asif this Agreement had been executed with the invalid, illegal or unenforceableprovision omitted.5.2 If the provision referred to in paragraph 5.1 as being omitted is fundamental to eitherthe discharge of the obligations of the Parties’ under this Agreement or theaccomplishment of its objective the Parties shall immediately commence negotiationsin good faith to remedy such invalidity, illegality or unenforceability.6 Joint and several liabilityWhere the Developer is more than one person, the Council may release orcompromise the liability of any of those persons under this Agreement or grant timeor indulgence without affecting liability of any of them.7 Notices7.1 All notices under this Agreement shall be in writing and shall be served by sendingthe same by first-class post, facsimile or by hand, or leaving the same at:7.1.1 for the Council at the Council’s Address for the attention of Matin Miah; and7.1.2 for the Developer at the Developer’s Address for the attention of: RichardOlsen.7.2 Any Party may change its details from time to time by prior notice to the other Partiesin accordance with paragraph 7.3.7.3 Notices given by post shall be effective upon the earlier of actual receipt and five (5)Working Days after posting. Notices delivered by hand shall be effective upondelivery. Notices given by facsimile shall be deemed to have been received wherethere is confirmation of uninterrupted transmission by a transmission report andwhere there has been no telephonic communication by the recipient to the senders (tobe confirmed in writing) that the facsimile has not been received in legible form:7.3.1 within two (2) hours after sending, if sent on a Working Day between thehours of 9 a.m. and 4 p.m.; orL1.040-CPO-CPOIA.v2.240Page 123