MINISTER FOR POLICE and PILATUS AUSTRALIA AGREEMENT(16)

37.2  For the purposes of delivery of notices:
37.2.1 mail must be sent to the address of the recipient party set out in Schedule 1; and
37.2.2 facsimile messages must be marked for the attention of the person specified in Schedule 1.
37.3  A party may from time to time change any of its details for notices by five (5) Business Days written notice to the other.
37.4  A notice given to a person in accordance with this clause is treated as having been given and received:
37.4.1 on the day of delivery if delivered before 5.00 pm on a Business Day, otherwise on the next Business Day;
37.4.2 if sent by pre-paid mail, on the third Business Day after posting; or
37.4.3 if transmitted by facsimile and a correct and complete transmission report is received on the day of transmission: on that day if the report states that transmission was completed before 5.00 pm on a Business Day, otherwise on the next Business Day, provided that:
37.4.4 if the recipient receives by facsimile transmission a notice that is illegible, the recipient must notify the sender immediately and the sender must continue to retransmit the notice until the recipient confirms that it has received a legible notice. The rules in relation to transmission reports as stated above apply.
38.  NO ASSIGNMENT The Supplier must not assign, encumber or otherwise transfer any of its rights or obligations under this Agreement.
39.  RELATIONSHIP
39.1  Nothing in this Agreement constitutes any relationship of employer and employee or partnership between the parties.
39.2  No party has any authority to bind the other party in any manner without the prior consent of the other party.
40.  TIME OF THE ESSENCE Time is of the essence in respect of any time, date or period specified either in this Agreement or in any notice or other communication served pursuant to this Agreement.
41.  
STAMP AND CUSTOM DUTIES

41.1  The Customer will pay any stamp duty payable in respect of this Agreement.
41.2  If it becomes necessary for the Customer to apply for remission of customs duty payable in respect of the Products, then the Supplier must provide such information for such application as the Customer may request.  Alternatively, if the Customer so requires, the Supplier must make application for remission, and account to the Customer for the amount of duty remitted

42.  
NO LIMIT OF LIABILITY

42.1  Notwithstanding anything else contained herein, the following heads of liability shall not be limited either under this agreement or under the Warranty provisions set out in Schedule 5 hereto:
42.1.1 personal injury including sickness or death; 
42.1.2 loss or damage to tangible property;
42.1.3 infringement of intellectual property rights;
42.1.4 any liability to a third party arising from any negligent or wrongful act or omission, or arising from any breach of the parties obligations under the Agreement;
　
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