9.2.5. The Licensee must ensure that the terms of this Licence are expressly included in any agreement for the use of the Premises by any other party that the Licensee enters into, and that such agreement will be made subject to this Licence remaining valid and in existence. To ensure clarity:
(a) The Licensor may terminate this License if any party that the Licensee enters into any agreement with as contemplated by this clause, breaches the terms, conditions or requirements of this Licence; and
(b) if the Licensor terminates this Licence, any other agreement must have a provision in it that it will also immediately terminate.
14.3 The Licensee shall not and shall ensure that none of its employees, agents, contractors, guests/clients and/or invitees bring onto the Premises any substances that are flammable, hazardous, toxic, or poisonous.
16.1. Smoking is not permitted within any structure situated upon the Premises. Smoking may be undertaken outside, but must be at a minimum distance of 5m from any entrance to any structure on the Premises or any neighbouring property boundary.
17.2 The Licensee must immediately notify the Licensor if there is any occurrence of a notifiable disease (as defined or specified by any governmental body) at the Premises.
18.2. In the event that any personal belongings are left on the Premises, these shall be collected by the Licensor and stored for a period of 1 month after the expiration of this agreement (howsoever occurring).
18.3. The cost of returning any such belongings to the Licensee shall be at the cost of the Licensee. (@kaysie to advise if this would be covered by MHA)
18.4. Any belongings not claimed within 1 month of the expiration of this agreement (howsoever occurring) may be disposed of by the Licensor without recourse.
19.2. The licensee acknowledges that it is aware that the Premises are located in a suburban area with nearby other residential properties and that it will ensure that neither it nor its employees, agents, guests, clients or invitees make any disturbance in their use of the Premises.
- The Premises is supplied with wireless internet. A Wi-Fi password will be provided at the time of the collection of keys. Internet performance or security is not guaranteed by the Licensor, and therefore the Licensee (and its clients or guests) use of the Wi Fi is undertaken with this understanding and at the sole risk of the Licensee, its employees, agents, guests, clients and invitees. The Licensor will not be responsible for any Loss or damage occasioned by the unavailability of or the use of the Wi-Fi by the Licensee its employees, agents, guests, clients and invitees or any events or circumstances connected to the Wi-Fi not being secure, including but not limited to, any hacking events.
21.2. The Licensee will be responsible for the lawful use of the Wi-Fi and internet connection. Neither the Licensee or its clients or guests are permitted to access the internet for the purposes of downloading any materials which may offend against any Australian State or Territory Law, including any downloads which may breach copyright.
- BREACH OF AN ESSENTIAL TERM
26.1. The Licensee acknowledges that each event set out in this clause, is a breach of an essential term, and the Licensor may treat such breach, whether it is committed by the Licensee, its employees, agents, guests, clients or invitees, as a repudiation of this agreement:
26.2. if the Licensee is in breach of any of the provisions of this agreement, and where the breach is capable of remedy, (or unless the Licensor has the right of immediate termination), fails to remedy the breach within the time specified in a written notice given to the Licensee by the Licensor or its agent;
26.3. WKH /LFHQVHH LQ WKH /LFHQVRU¶V UHDVRQDEle opinion, has persistently failed to comply with the provisions of this agreement;
26.4. the Licensee is causing serious damage or injury to any part of the Premises or the Personal Property, or to any other person; or
26.5. The Licensee is creating a nuisance or disturbing the peace of the surrounding neighbourhood or breaching any local law of the Noosa Shire Council.
26.6. In the event of a breach identified in the above sub-clause, the Licensor may deliver a notice to the Licensee requiring the Licensee to immediately vacate the Premises.
26.7. Upon receipt of such notice, the Licensee shall immediately leave the Premises (and cause its employees, agents, clients, guests or invitees to leave the Premises), and there shall be no refund of any Licence Fee paid, or for the balance of the Term of this agreement.