Risk and cost of performing obligations. Subject to this agreement:
(a) whenever the Access Holder is obliged or required hereunder to do or effect any act, matter or thing then the doing of such act, matter or thing will, unless this agreement otherwise provides, be at the sole risk and expense of the Access Holder;
(b) whenever ARTC is obliged or required hereunder to do or effect any act, matter or thing then the doing of such act, matter or thing will unless this agreement otherwise provides, be at the sole risk and expense of ARTC.
Risk and cost of performing obligations. Subject to this Agreement:
25.1 whenever the Operator is obliged or required hereunder to do or effect any act, matter or thing then the doing of such act, matter or thing will, unless this Agreement otherwise provides, be at the sole risk and expense of the Operator;
25.2 whenever ARTC is obliged or required hereunder to do or effect any act, matter or thing then the doing of such act, matter or thing will unless this Agreement otherwise provides, be at the sole risk and expense of ARTC.
Risk and cost of performing obligations. Subject to this agreement:
Risk and cost of performing obligations. Subject to this Agreement:
(a) whenever the Operator is obliged or required hereunder to do or effect any act, matter or thing then the doing of such act, matter or thing will, unless this Agreement otherwise provides, be at the sole risk and expense of the Operator; and
(b) whenever TfNSW is obliged or required hereunder to do or effect any act, matter or thing then the doing of such act, matter or thing will unless this Agreement otherwise provides, be at the sole risk and expense of TfNSW.
Risk and cost of performing obligations. 24.1 Subject to this Agreement:
(1) whenever the Operator is obliged or required under this Agreement to do or effect any act, matter or thing, then the doing of such act, matter or thing will, unless this Agreement otherwise provides, be at the sole risk and expense of the Operator; and
(2) whenever GWAN is obliged or required under this Agreement to do or effect any act, matter or thing, then the doing of such act, matter or thing will unless this Agreement otherwise provides, be at the sole risk and expense of GWAN.
24.2 Notwithstanding clause 24.1(1), the Operator agrees to pay (if payable) any legal costs of the execution of this Agreement (including stamp duty, fees, fines and any penalties) and in respect of any document contemplated by this Agreement, excluding GWAN's legal costs of preparing or executing this Agreement.
Risk and cost of performing obligations. Subject to this Agreement, whenever a Party is obliged or required under this Agreement to do or effect any act, matter or thing, then the doing of any such act, matter or thing will, unless this Agreement otherwise provides, be at the sole risk and expense of that Party. 46 No Derogation The express provision of a remedy for, or consequence of, breach of any term of this Agreement does not derogate from any other legal right or remedy available to NZ Health Partnerships under this Agreement or otherwise for such breach. 47 Invalidity If any part of this Agreement is held to be invalid, unenforceable or illegal for any reason, this Agreement will be deemed to be amended by the addition or deletion of wording necessary to remove the invalid, unenforceable or illegal part, but otherwise to retain the provisions of this Agreement to the maximum extent permissible under New Zealand law.
