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10 COSTS CONTRIBUTION
On the date hereof the Promoter will pay by way of a contribution towards the Owner’s legal fees a sum equivalent to the Owner’s Solicitor’s reasonable and proper legal fees on a time incurred basis up to a sum of £5,000 together with VAT thereon if the same is not recoverable by the Owner incurred in relation to the negotiation of this Agreement.
11 AGREEMENTS AND DECLARATIONS
11.1 Fairness
11.1.1 If any circumstances arise during the term of this Agreement that were not within the contemplation of the Parties at the date of this Agreement and not expressly or impliedly provided for in this Agreement each Party agrees with the other that such circumstances are to be dealt with and resolved in such manner as operates between them for fairness and so far as is possible without detriment to the interests of any of them.
11.1.2 The Parties recognise that this Agreement cannot cover every eventuality which might arise during the term of this Agreement and that in such circumstances the principles detailed in clauses 5.1.1 and 11.1.1 shall operate between them to deal with such eventuality and that if the Parties are unable to resolve such eventuality to their mutual satisfaction any independent expert called upon to resolve such dispute in accordance with the provisions of clause 11.3 shall apply such principles to the dispute.
11.2 Notices
11.2.1 Any notice given under this Agreement must be in writing and signed by or on behalf of the Party giving it
11.2.2 Any notice or document to be given or delivered under this Agreement must be given by delivering it personally or sending it by pre-paid first class post or recorded delivery or fax to the address and for the attention of the relevant party as follows:
(a) to the Owner at:
5 Emerald Road, Mossnook, Manchester M22 5WA) (fax number: 0870 836 2277)
marked for the attention of George Griffiths
or to such other address or fax number or for the attention of such other person as was last notified by the Owner in writing to the Promoter;
(b) to the Promoter at:
Hollins Strategic Land LLP, Suite 4, 1 King Street, Manchester, M2 6AW
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/Users/georgegriffiths/Library/Containers/com.apple.mail/Data/Library/Mail Downloads/6663C249-66B1-4856-B8AF-3D567A64A39C/Promotion Agreement (engrossment) (JMW).doc