Common use of Changes and Cancellations Clause in Contracts

Changes and Cancellations. a) You can apply for the transfer of the perpetual interment right to someone else. Council will respond to this request within a reasonable time. Council charge a fee for the transfer of ownership. The new owner may be required to complete a new contract. b) To ensure the transfer of a perpetual interment right is legal, Council must agree to this in writing. c) Perpetual interment rights can be held by one person (solely) or 2 people (jointly): • When a sole interment right holder dies, Council must transfer the perpetual interment right to the person named in their will, or act as the law prescribes if the interment holder did not leave a will. • When a joint interment right holder dies, Council must transfer the perpetual interment right to the surviving interment right holder. d) Either party (you or Council) can waive their own rights under this agreement by telling the other party in writing. All transfers or relinquishments will be confirmed in writing. e) Council can cancel a perpetual interment right when: • The interment site has not been used within 50 years of the time when it was granted (as per the CC act). The 50-year period may change if the law changes. • Council follows all other cancellation requirements under the CC Act. a) You or Council can end the agreement if the other party breaches the agreement and either: • the breach can be fixed, but the party does not fix it within 30 days of being told in writing about the breach, or • the breach cannot be fixed. b) You can end this agreement in writing to Council 30 days before you want it to end, and in line with clause 5 (c). c) This agreement can only be ended if there has not been an interment for burial or ashes. d) The agreement automatically ends when you have paid all the fees you owe and either: • the burial or placement of ashes in the interment site has been completed, or • Council has cancelled your perpetual interment right, in line with section 52 of the CC Act. e) Some rights and duties that you and Council have under this agreement continue after the agreement has ended. These include the right and duties set out in: • clauses A.1 (c), ▇.2 (b, c, e, g, h and i), A.4 (b and d), A.5 (f and g) and A.7 • clause A.6 (for as long as legally required) • any other terms (including contract details and definitions) which are intended to continue after the agreement has ended. f) Where an exhumation has taken place in line with section 66 of the CC Act, the rights and duties set out in clauses A.2 (b, c, e, g, h and i), A.4 (c and d) and ▇.7 that you and Council have under this agreement will no longer continue. g) If any part of this agreement cannot be enforced in court, then that part will be treated separately but the rest of the contract stands.