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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
31 July 2008 v1.6
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Clause 5.3(1)
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Subject to Clause 8.2 and in accordance with Clause 8.4 the Principal authorises the Agent to initiate and pay for maintenance and repairs on the Premises, enlisting qualified tradespersons where required without first seeking permission from the Principal up to the Maximum Pre-approved Maintenance Expenditure stated in Item (5.1(8)(a)). The Agent will obtain the Principal’s written approval before ordering maintenance or repairs if the cost of the maintenance or repairs is more than the Maximum Pre-approved Maintenance Expenditure, provided in emergency circumstances, the Agent is authorised to immediately initiate repairs which may be in excess of the authorised amount.
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Clause 8.5
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The Principal will comply with written requests made by the Agent in relation to compliance with the Occupational Health & Safety Act 2000 in respect of matters covered generally in this Agreement and in particular, matters detailed in Clauses 5 & 8.
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30 Jun 2008 v1.5
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Item 5 (10)
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Arrange inspections of the Premises:
(a) as appropriate but not less than every ………………………..…………….
(b) before any lease is entered into for the Premises or part thereof
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Item 5 (12)
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To act in accordance with the Principal’s instructions with respect to matters relating to the Occupational Health and Safety Act 2000 and Regulation 2001
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Clause 1.1(6)
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Material Fact: A Material Fact has, where used in this Agreement, the meaning given to it by Section 52 of the Act.
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Clause 8
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8.1
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In any matters relating to the Premises the Agent is not the controller of the Premises but always acts as Agent for the Principal who is the Controller of the Premises for all purposes relating to the Occupational Health and Safety Act 2000 and Regulation 2001.
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8.2
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The Principal acknowledges as the Controller of the Premises it is the Principal’s responsibility, in accordance with the Occupational Health and Safety Regulation 2001 (the Regulation) to:
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(1)
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Identify hazards (Section 34 of the Regulation)
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(2)
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Assess risk arising from identified hazards (Section 35 of the Regulation)
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(3)
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Eliminate or control risks and ensure all control measures are maintained (Section 36 of the Regulation)
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(4)
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Review risk assessments and control measures as appropriate, but not less than annually and in any case, prior to any letting of the Premises (Section 37 of the Regulation)
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(5)
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Provide information to other persons specified by the Regulation. (Section 38 of the Regulation)
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The Principal will maintain appropriate written records with regard to hazard identification, risk assessment, elimination and control.
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8.3
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The Principal having complied with Clause 7.8 with respect to the Essential Services Act 1988 and having obtained an installation certificate will prepare annually a maintenance certificate for forwarding to the relevant authorities in accordance with their requirements.
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8.4
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The Principal will authorise the Agent to, on the Principal’s behalf, exercise the responsibility of the Principal as outlined above.
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20 Dec 2007 v1.3
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Clause 5.1
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The Agent is authorised and directed, by the Principal, to disclose all relevant and material facts in relation to the Premises.
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Clause 5.2
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The Agent must, in compliance with Section 52 of the Act, not make any promise that is false, misleading or deceptive or conceal any material facts.
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Clause 6.3
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There is a positive obligation on the Principal to disclose relevant and material facts. Any failure to disclose information known to the Principal which may detract from the letting of the Premises will be a breach of this Agreement.
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Clause 7.5
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The Agent shall be entitled to a Letting Fee should the Agent introduce a tenant during the term of this Agreement, provided however no Letting Fee will be payable in cases where the Principal, after the expiration of this Agreement, has subsequently entered into a separate Exclusive Leasing Agreement.
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Clause 7.7
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The Principal acknowledges before entering into this Agreement the Agent has provided a printed guide to the Agent’s Fees and Commissions and to the Expenses for which the Agent will require to be reimbursed.
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Clause 8.1(c)
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the Principal’s failure to give the Agent prompt and appropriate authority or instruction, or sufficient funds to carry out an instruction or authority; or
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