NSHA definition
Examples of NSHA in a sentence
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.
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.
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.
An Event of Default occurs where a Party: breaches an obligation under this NSHA; or commits an Insolvency Event.
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.
Governing law and jurisdiction This NSHA is governed by the law applicable in the State of Western Australia.
Following this notice, and while the Force Majeure or Aboriginal Cultural Business continues, this NSHA shall nevertheless continue and remain in force and effect but the obligations which cannot be performed because of the Force Majeure or Aboriginal Cultural Business will be suspended, and any time limit for performance of those obligations will be extended by the period of the Force Majeure or Aboriginal Cultural Business.
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.
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.