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AGISTMENT AGREEMENT dated 29th. August 1996
BETWEEN:
MARTINDALE HOLDINGS PTY LTD (ACN 007 936 834) of XX Xxx 00 Xxxxxxx 0000 ("MH")
AND:
TAb AUSTRALIA PTY LTD (ACN 000 000 000) of 00 Xxx Xxxxxx Xxxx, Xxxxxx 0000
("TAb")
INTRODUCTION
A. MH is the registered proprietor of land at Mintaro SA known as
Martindale.
B. TAb wishes to agist sheep at Martindale, during which time the sheep
will be immunised in preparation for bleeding as part of TAb's
antibody raising program.
C. MN agrees to agist TAb's sheep at Martindale on the terms of this
agreement.
TERMS
1. INTERPRETATION
In this agreement
1.1 singular includes plural and vice versa
1.2 headings do not affect interpretation
1.3 no rule of construction applies to the disadvantage of a party
because that party put forward this agreement or any portion
of it
1.4 the introduction is correct and forms part of this agreement.
2. AGISTMENT
2.1 MH will agist TAb's sheep at Martindale from 1 September 1996
to 31 May 1997 for the fees and upon the terms set out in this
agreement.
2.2 TAb may only agist wethers and ewes at Martindale.
2.3 TAb may only agist a maximum of 2500 sheep at Martindale.
3. FEES
3.1 TAb will pay MH and agistment fee of $1.50 per sheep per week
calculated on the maximum number of TAb's sheep agisted during
that week.
3.2 The agistment fee will be paid calendar monthly in arrears
upon invoice from MH.
3.3 TAb will pay each invoice within 28 days of receipt of the
invoice.
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4. LICENSE
MH grants a license during the term of this agreement for any TAb
employee or other person acting for TAb to enter Martindale at any reasonable
time for.
4.1 injecting and immunising the sheep;
4.2 providing veterinary services;
4.3 branding, stock checks, routine animal care, mustering,
droving, shearing and crutching to the extent that these
services are not provided by MH;
4.4 any other purpose in relation to this agreement.
5. PROPERTY
5.1 All sheep introduced by TAb to Martindale pursuant to this
agreement remain the property of TAb.
5.2 All wool taken from TAb sheep is the property of TAb.
6. ANIMAL CARE
6.1 TAb and MH will agree on methods for handling the sheep which
are designed to minimise the risk of illness and disease
during the term of this agreement. A preventative approach to
common diseases will be taken, including the use of
Footbathing, Ivomec drenching, 6-in-1 vaccination and lice
control.
6.2 TAb, in consultation with a nominated veterinarian, will take
all reasonable steps to meet MH requirements regarding the
introduction of animals onto Martindale.
6.3 Animals newly introduced to Martindale by TAb will be treated
for external parasites at the earliest opportunity after
shearing or, where shearing is not due for some time, will be
treated with a long wool treatment (eg. Vanquish).
6.4 TAb will advise MH of the health status and origin of animals
and, where possible, provide copies of any inspection
certification.
7. TAb'S OBLIGATIONS
7.1 TAb will deliver and collect its sheep from Martindale at its
own cost.
7.2 TAb will ensure as far as is practicable that its sheep are
free from illness and disease when delivered to Martindale.
7.3 TAb, at its cost, will engage veterinary and other specialist
services and farm labour to manage TAb's sheep to the extent
that such services are not provided by MH.
7.4 TAb will provide all materials (or reimburse MH at cost for
any materials) in relations to vaccination and other
veterinary care of TAb's sheep, including dips, drenches and
shearing requisites.
7.5 TAb, at its own cost and in consultation with MH, will provide
any plant and equipment in relation to handling TAb's sheep
not ordinarily provided as part of commercial sheep agistment.
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7.6 TAb is to obtain the following insurance and provide evidence
of such insurance to MH upon request:
7.61 livestock insurance in respect of TAb's sheep
at Martindale;
7.62 public liability insurance in respect of
TAb's sheep, property and personnel at
Martindale.
7.7 TAb will register a brand for TAb's sheep and
advise MH of this brand upon registration.
TAb will ensure that TAb's sheep are branded
with the registered brand.
8. MH'S OBLIGATIONS
8.1 MH will arrange, in consultation with TAb, and at TAb's cost
(but subject to clause 8.9):
8.1.1 for TAb's sheep to be shorn twice yearly (in
September and March);
8.1.2 for regular crutching of TAb's sheep.
8.2 MH will, at its cost, maintain adequate fencing and water
supplies in the paddocks in which TAb's sheep are agisted.
8.3 MH will maintain and repair its facilities and plant and
equipment at Martindale which are used for agisting TAb's
sheep unless such facilities or plant and equipment are
damaged by TAb's servants, agents or contractors in which case
TAb will bear the cost of repairing such facilities or plant
and equipment.
8.4 MH will seek to maintain TAb's sheep with a condition score of
3 to 3.5 and, once mature, at a live weight of greater than 75
kilograms. MH will, if necessary to fulfill this obligation
and at its cost, provide 3 months supplementary feeding per
calendar year. TAb will pay for any additional feeding at
cost.
8.5 MH will provide general pasture and a standard animal
husbandry necessary to comply with its obligations under this
agreement.
8.6 MH will comply with all reasonable protocols with respect to
the management and care of the sheep and schedules of animal
treatment as are determined by TAb after consultation with MH.
8.7 MH will follow all normal and recommended practices for
control of external and internal parasites and diseases in
consultation with TAb.
8.8 As far as practicable, MH will ensure that all rams are kept
away from any of TAb's ewes agisted pursuant to this
agreement.
8.9 MH will provide labour equivalent to half of one full time
employee in relation to TAb's sheep to conduct stock checks (5
days per week), routine animal care, mustering, droving,
shearing, cruitching and assisting on the immunising days plus
any other farm related miscellaneous activities. MH may, will
the approval of TAb and at TAb's cost, provide additional
labour to care for TAb's sheep. TAb will pay for any other
labour in relation to its sheep.
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8.10 MH will provide to TAb for no additional fee, on an as needs
basis and subject to mutual agreement (which will not be
unreasonably withheld by either party) limited access to
laboratory and office space at Martindale.
9. FORCE MAJEURE
A party is not liable for failure to perform this agreement to the
extend and for so long as its performance is prevented or delayed
because of circumstances outside the party's direct control and
without fault or negligence by the party, but only if that party
9.1 immediately gives written notice to the other party
9.2 does everything reasonable to remedy the cause quickly.
10. NO WAIVER
A party waives a right under this agreement only by written notice
that it waives that right.
11. AMENDMENT
This agreement can only be amended by written agreement of both
parties.
EXECUTED as an agreement
SIGNED by Xxxxxx Xxxxxx Xxxxxxx 29/8/96
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for an on behalf of TAb Australia Pty Ltd
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SIGNED by Xxx Xxxxxx Xxxxxxxx
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for an on behalf of Martindale Holdings Pty Ltd
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