Common use of CONFIRMATION OF OTHER TERMS Clause in Contracts

CONFIRMATION OF OTHER TERMS. 8.1 The parties acknowledge and confirm that except as varied by this document the terms and conditions of the Management Agreement remain in full force and effect. 8.2 Without limiting clause 8.1, the Company acknowledges and confirms— (a) that subject to clause 16.3 of the Management Agreement, the Company shall be liable for liquidated damages under clause 17 of the Management Agreement if the Melbourne Casino is not Completed and open for business by the Completion Date (as amended by clause 3.1(c) of this document); and (b) that the Company must comply with the requirements of clause 13.1 of the Management Agreement in relation to materials, fittings, equipment and workmanship utilised in carrying out the construction of the Melbourne Casino Complex. 8.3 The Company agrees— (a) to obtain all funds necessary to comply with the variations to its obligations as set out in this document and to Complete the Melbourne Casino Complex; and (b) to ensure that such funding will not cause the Company to breach clause 22.1(m) of the Casino Agreement. 8.4 A breach by the Company of clause 8.3 shall be taken to be a breach of the Management Agreement for the purposes of clause 25.2 of the Management Agreement.