Application of Clause. (1) Clause 11 applies if the Buyer, Seller and each Financial Institution involved in the transaction agree to an Electronic Settlement using the same ELNO System and overrides any other provision of this contract to the extent of any inconsistency.
(2) Acceptance of an invitation to an Electronic Workspace is taken to be an agreement for clause 11.1(1).
(3) Clause 11 (except clause 11.5( 3)) ceases to apply if either party gives notice under clause 11.5 that settlement will not be an Electronic Settlement.
Application of Clause. Clause 11:
(a) applies if the form of transfer under the Land Title Act 1994 required to transfer title in the Land to the Buyer is a required instrument to which section 5(1) of the Land Title Regulation 2022 applies;
(b) continues to apply even if section 5(2)(a)(ii) of the Land Title Regulation 2022 applies; and
(c) overrides any other provision of this contract to the extent of any inconsistency.
Application of Clause. This clause 5 applies in relation to the provision of Wheat Receival Services.
Application of Clause. This clause 7 applies in relation to the provision of Wheat Ship Loading Services and other services relevant to the handling and Outturn of Bulk Wheat.
Application of Clause. The parties acknowledge and agree that this Clause G2 applies to and governs all of the Contractor’s indemnification obligations under this Contract, including without limitation the indemnification obligations set forth in Clause B4(e), Clause B13(g), Clauses G1(a)(7) and (8), Clause G1(b)(1), and H8(d).
Application of Clause. This clause 6 applies in relation to the provision of Wheat Storage Services.
Application of Clause. 16.4.1. This clause 16 does not apply to:
a. legal proceedings by either party for urgent interlocutory relief; or
b. action by the Commonwealth under or purportedly under clauses 3, 6, 17 and 21.2.
Application of Clause. For the purposes of this clause:
Application of Clause. This clause applies if the Developer accesses, uses and/or occupies any land owned by Council in performing its obligations or exercising its rights under this Agreement (Necessary Access).
