Examples of NSHA in a sentence
If any provisions of this NSHA is void, voidable by any Party, unenforceable or illegal according to the law in force in the State of Western Australia, it shall be read down so as to be valid and enforceable or if it cannot be so read down, the provision (or where possible the offending words), shall be severed from this NSHA to the extent necessary unless it would materially change the intended effect and objectives of this NSHA.
Subject to clause 14, this NSHA constitutes the entire agreement between all of the Parties as to its subject matter and, in relation to that subject matter, supersedes any prior understanding or agreement between any of the Parties and any prior condition, warranty, indemnity or representation imposed, given or made by a Party.
This NSHA shall terminate on the occurrence of whichever of the following events is first to occur: all Parties agree in writing to end this NSHA; as referred to in clause 17.2(d), a court order is made to wind up either Party as the result of an Event of Default.
The Party that is prevented from carrying out its obligations under this NSHA as a result of an event of Force Majeure or Aboriginal Cultural Business must take all action reasonably practicable to mitigate any loss suffered by the other Party as a result of its failure to carry out its obligations under this NSHA.
Unless otherwise agreed by the Parties in writing or required by law, an assignment under this clause 20 shall not affect the operation of this NSHA.
Where the Event of Default results in a court order to wind up either Party, this NSHA shall by force of this clause terminate with effect from the date of the court order.
If a Party is prevented in whole or in part from carrying out its obligations under this NSHA as a result of an event of Force Majeure or Aboriginal Cultural Business, it must promptly notify the other Party accordingly.
An Event of Default occurs where a Party: breaches an obligation under this NSHA; or commits an Insolvency Event.
No encumbrance Except as permitted by clause 20.5(b), no Party may grant an encumbrance, mortgage or charge in respect of the whole or any part of its rights, title and interests under this NSHA.
Governing law and jurisdiction This NSHA is governed by the law applicable in the State of Western Australia.