Conditions of Application

1. Harbour Trust Leasing Policy

The Call for EOI is governed by the Competitive Application Process provisions of the Harbour Trust Leasing Policy. EOI applications will be considered against the Tenant Selection Criteria publicised in the Call for Expressions of Interest.

2. Participation in the Call for EOI

The Call for EOI may be used to identify potential lessees and/or potential uses of Harbour Trust property. It does not oblige the Harbour Trust to lease the property, to enter into any form of legal relations with any applicant or to consider an EOI application. It does not prevent the Harbour Trust from inviting parties who did not submit an EOI to participate in the next stage of the leasing process. Submission of an EOI application does not entitle or oblige the applicant to enter into any form of legal relations with the Trust.

3. No warranties

The Trust makes no warranty regarding the accuracy of statements made or information provided in relation to the Call for EOI, and the applicant acknowledges that information, process and intentions set out in the Call for EOI do not bind the Harbour Trust and may change at any time at the Harbour Trust’s discretion without notice or reason.

4. Withdrawal

An applicant may withdraw its EOI application at any time by written notice to the Harbour Trust. The Harbour Trust may refuse to consider any EOI application or discontinue discussions with an EOI applicant at any time. The Harbour Trust may terminate or withdraw from the Call for EOI at any time. The Harbour Trust may identify other potential applicants for a withdrawn property using methods determined by the Harbour Trust notwithstanding that an application may have been received in response to the Call for EOI.

5. Information requirements

The applicant should provide all information asked for in the Call for EOI, and any further information requested by the Harbour Trust within the timeframe specified. If the applicant fails to do so, the Harbour Trust may decline to consider the EOI application. The applicant may also provide such other information it desires to support its EOI application. The Trust may take into account additional information from an applicant, advisers or any other person at any time, and may undertake any investigations it considers appropriate to evaluate, verify or clarify information contained in an EOI application.

6. Reliance on information contained in applications

By submitting an EOI application, the applicant warrants that the information it contains is accurate and complete and may be relied on by the Harbour Trust in evaluating the EOI application. The applicant undertakes to advise the Harbour Trust immediately if any information contained in its EOI application becomes inaccurate or incomplete in a material respect.

7. Responsibility in preparing an application

The applicant is responsible for all costs and liabilities associated with preparing and submitting an EOI application, and fulfilling any further information requests from the Harbour Trust, including in the event of withdrawal by the Harbour Trust. Applicants should obtain, at their own cost, independent legal, financial or other advice in relation to information made available during the Call for EOI.

8. Privacy and confidentiality

The Harbour Trust is subject to the Freedom of Information Act (Cth) 1982 and the Privacy Act (Cth) 1988. The applicant should identify those components of its EOI application it believes concern the confidential commercial, personal or professional affairs of the applicant, the disclosure of which could reasonably expected to have an adverse effect on those affairs. EOI applications will be held in confidence except to the extent that information is already in the public domain, or where disclosure is required for audit or legal purposes, including disclosure of information in accordance with any relevant legislation.

9. Ownership of applications

All EOI applications become the property of the Harbour Trust and will not be returned to applicants. Subject to Condition 8 above, EOI applications will be held in confidence, but the Harbour Trust may, at its discretion, copy, adapt, disclose or do anything necessary to any material contained in the EOI application for the purposes of evaluating or clarifying the EOI application or considering the commercial arrangements of any project.

10. Intellectual property rights

Intellectual property rights contained in Call for EOI documentation, including those relating to the name of Harbour Trust facilities and land, remain the property of the Harbour Trust. Intellectual property rights in an EOI application remain the property of the applicant. Any element of an EOI application considered by the applicant to carry intellectual property rights must be clearly identified in the application. The Harbour Trust will treat such elements as protected where the Harbour Trust, at its sole discretion, determines that the elements are subject to such a right.

11. Participation by leasing agents

An EOI application may be lodged on behalf of an applicant by an agent or broker, subject to meeting the Harbour Trust’s Agency Guidelines.

12. Lodgement of application

An EOI application must be lodged in the form, at the address and by the time detailed in the Call for EOI. If the applicant fails to do so, the Harbour Trust may decline to consider the EOI application.

13. Outcome of the Call for EOI

The Harbour Trust will advise the applicant whether or not its EOI application has been considered and the decision arising from that consideration. The Harbour Trust will not enter into any correspondence or discussions with applicants relating to the outcome of leasing decisions made by the Harbour Trust.

14. Lease Agreement

Applicants acknowledge that, if selected to enter into a lease with the Harbour Trust, the applicant will be required to enter into the Harbour Trust’s standard lease contract contained in the Call for Expressions of Interest documentation.

15. Acceptance of conditions

By lodging an EOI application, the applicant acknowledges its acceptance of these Conditions of Application.

 

DISCLAIMER: Content is accurate at time of publishing but subject to change throughout the course of the Sub Base Platypus Renewal Project. Note: all measurements are approximate.

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