✨ Legal Agreement Clauses
(c) a photocopy; or
(d) a PDF or email image copy;
and if each party has signed or attached that party’s signatures to any such format and has delivered it in any such format to the other party, the executed formats shall together constitute a binding agreement between the parties.
16.4 Entire agreement: This agreement constitutes the entire agreement between the parties relating to the subject matter of this agreement and supersedes and cancels any previous agreement, understanding or arrangement whether written or oral.
16.5 Further assurance: Each party shall make all applications, execute all documents and do or procure all other acts and things necessary to implement and to carry out its obligations under, and the intention of, this agreement.
16.6 Default interest: If either party does not pay any amount payable under this agreement on the due date for payment ("Due Date") that party shall pay to the other party interest (both before and after judgment) on that amount. That interest:
(a) shall be paid at the Bill Rate plus 3% per annum;
(b) shall be paid by instalments at intervals of ten Business Days from the Due Date; and
(c) shall be calculated on a daily basis from and including the Due Date until the unpaid amount is paid in full.
The right of a party to require payment of interest under this clause does not limit any other right or remedy of that party.
16.7 Assignment: Neither party shall directly or indirectly assign, transfer or otherwise dispose of any of its rights or interests in, or any of its obligations or liabilities under or in connection with this agreement, except with the prior consent of the other party, which consent shall not be unreasonably or arbitrarily withheld or delayed.
16.8 Subcontracting: Meridian may subcontract the performance of any of its obligations under this agreement provided it gives Genesis prior written notice of the party who will perform such obligations. Meridian shall remain liable to Genesis for all obligations subcontracted to a third party under this clause.
16.9 Survival: The provisions of clauses 7.3, 8.5 and 11 shall survive the termination or expiration of this agreement.
16.10 No partnership, joint venture: Nothing in this agreement shall create or evidence any partnership, joint venture, agency, trust or employer/employee relationship between the parties, and a party may not make, or allow to be made, any representation that any such relationship exists between the parties. A party shall not have authority to act for, or to incur any obligation on behalf of, the other party, except as expressly provided for in this agreement.
16.11 Severance: If any provision of this agreement is, or becomes unenforceable, illegal or invalid for any reason it shall be deemed to be severed from this agreement without affecting the validity of the remainder of this agreement and shall not affect the enforceability, legality, validity or application of any other provision of this agreement.
16.12 Waiver: No failure or forbearance by a party to exercise, or delay in exercising, (in whole or in part) any right, power or remedy under, or in connection with, this agreement
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NZ Gazette 2011, No 93
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General Agreement Clauses
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