✨ Agreement Clauses
5 JULY 2011 NEW ZEALAND GAZETTE, No. 93 2627
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21.2 Exclusion of implied terms: All terms and conditions relating to this Agreement and the Assets that are implied by law or custom are excluded to the maximum extent permitted by law.
21.3 Consumer Guarantees Act: The Purchaser acknowledges that it has entered into this Agreement solely for business purposes and that nothing in the Consumer Guarantees Act 1993 is to apply to the sale of the Assets pursuant to this Agreement.
- AMENDMENTS
22.1 No amendment to this Agreement will be effective unless it is in writing and signed by both parties.
- LIMITS ON VARIATION OF AGREEMENT
23.1 Limitation: No extension, variation, novation, supplementation or further agreement or assurance under or in respect of this agreement ("Extension") may be made or acted upon to the extent that Extension or action will, or is likely to, materially extend the present or future benefit to a party of section 119(4) or section 130(1)(c) of the Electricity Industry Act 2010 compared to the benefit to that party of the relevant section in the absence of that Extension. Any such Extension is void to the extent it provides such benefit.
23.2 Other agreements: Clause 23.1 does not prevent the parties from making promises or agreements outside of this agreement, whether related to the subject matter of this agreement or otherwise, on the basis that the parties acknowledge that such promises or agreements are not part of this agreement and accordingly the provisions of sections 119(4) and 130(1)(c) of the Electricity Industry Act 2010 do not apply to those promises or agreements.
23.3 Privity: Clauses 23.1 and 23.2 are for the benefit of the Crown and are enforceable by it under the Contracts (Privity) Act 1982.
- NOTICES
24.1 Notice: Every notice or other communication ("Notice") for the purposes of this Agreement shall:
(a) be in writing; and
(b) be delivered in accordance with clause 24.2.
24.2 Method of service: A Notice may be given by:
(a) delivery to the physical address of the relevant party; or
(b) posting it by pre-paid post to the postal address of the relevant party; or
(c) sending it by facsimile transmission to the facsimile number of the relevant party, so long as clause 24.4 is complied with; or
(d) sending it by email to the email address of the relevant party, so long as clause 24.4 is complied with.
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NZ Gazette 2011, No 93
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Agreement for Sale and Purchase of Power Stations
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🌾 Primary Industries & ResourcesAgreement, Sale, Purchase, Power Stations, Legal Provisions, Clauses, Liability, Indemnity, Confidentiality, Disclosure, Termination