Any provision of Payment Terms and Conditions which is void, illegal or otherwise unenforceable, will be severed to the extent permitted by law without affecting any other provision and, if reasonably practicable, will be replaced by another provision of economic equivalence which is not so void, illegal or unenforceable. If the doing of any act, matter or thing under these Payment Terms and Conditions is dependent on the consent or approval of a party or is within the discretion of a party, the consent or approval may be given or the discretion may be exercised conditionally or unconditionally or withheld by the party in its absolute discretion unless express provision to the contrary has been made. A party is not liable for any Loss arising in connection with the exercise or attempted exercise of, failure to exercise, or delay in exercising, a consent or approval under these Payment Terms and Conditions. Definitions and Interpretation The following definitions apply unless the context requires otherwise. Access Policy means the access policy of Darwin Port Operations Pty Limited that is published on the Website from time to time. Business Day means a day other than a Saturday, Sunday or public holiday in Darwin. Claim means any claim, demand, action, suit or proceeding, whether under contract, tort or otherwise. Darwin Port means (as applicable): Darwin Port Operations Pty Limited as trustee for the Darwin Port Manager Trust ABN 60 269 541 845; or Darwin Port Pilotage Pty Ltd as trustee for the Darwin Port Pilotage ABN 98 744 318 229, and its associated entities. Facilities has the same meaning in the Standard Terms. Government Authority means the Crown, a Minister, a government or government department, authority constituted for a public purpose, a local authority, a court and any officer, employee or agent of those entities. Laws means applicable statutes, regulations, requirements, by-laws, policies and ordinances of Government Authorities any principles of law or equity established by decisions of Australian Courts. Payment and Conditions means these payment terms and conditions. Port of Darwin means the port of Darwin as defined from time to time by the Laws of the Northern Territory. Services has the meaning in the Standard Terms. Standard Terms means the terms and conditions for access to the Standard Services (as defined in the Access Policy) approved by the Regulator in accordance with the Act. means (as applicable):
Any provision of Payment Terms and Conditions which is void, illegal or otherwise unenforceable, will be severed to the extent permitted by law without affecting any other provision and, if reasonably practicable, will be replaced by another provision of economic equivalence which is not so void, illegal or unenforceable. If the doing of any act, matter or thing under these Payment Terms and Conditions is dependent on the consent or approval of a party or is within the discretion of a party, the consent or approval may be given or the discretion may be exercised conditionally or unconditionally or withheld by the party in its absolute discretion unless express provision to the contrary has been made. A party is not liable for any Loss arising in connection with the exercise or attempted exercise of, failure to exercise, or delay in exercising, a consent or approval under these Payment Terms and Conditions. Definitions and Interpretation The following definitions apply unless the context requires otherwise. Access Policy means the access policy of Darwin Port Operations Pty Limited that is published on the Website from time to time. Business Day means a day other than a Saturday, Sunday or public holiday in Darwin. Claim means any claim, demand, action, suit or proceeding, whether under contract, tort or otherwise. Darwin Port means (as applicable): Darwin Port Operations Pty Limited as trustee for the Darwin Port Manager Trust ABN 60 269 541 845; or Darwin Port Pilotage Pty Ltd as trustee for the Darwin Port Pilotage ABN 98 744 318 229, and its associated entities. Facilities has the same meaning in the Standard Terms. Government Authority means the Crown, a Minister, a government or government department, authority constituted for a public purpose, a local authority, a court and any officer, employee or agent of those entities. Laws means applicable statutes, regulations, requirements, by-laws, policies and ordinances of Government Authorities any principles of law or equity established by decisions of Australian Courts. Payment and Conditions means these payment terms and conditions. Port of Darwin means the port of Darwin as defined from time to time by the Laws of the Northern Territory. Services has the meaning in the Standard Terms. Standard Terms means the terms and conditions for access to the Standard Services (as defined in the Access Policy) approved by the Regulator in accordance with the Act. means (as applicable):
UC-PD-ACC-POL-ATTD-DRFT.docx