Common use of AGREEMENT AND DECLARATION Clause in Contracts

AGREEMENT AND DECLARATION. It is agreed and declared that:- 6.1 THE Council’s Head of Property Services and other authorised persons may enter upon the Site to view the state and progress of the Development and to inspect and test the materials and workmanship and for any other reasonable purpose including the exercise of the rights given to the Council by this Agreement upon default of the Developer and may enter upon the Site for the removal of any works which are in contravention of this Agreement and the cost of any works carried out by the Council under this clause shall be recoverable from the Developer 6.2 if the Developer: 6.2.1 fails to commence or proceed with the Development with proper diligence or in accordance with the Development Programme within three months of the date of this Agreement or 6.2.2 fail to complete the Development in accordance with the timetable or any agreed extension thereof or 6.2.3 fail to observe and perform in material respects the other stipulations and conditions on its part contained in this Agreement or 6.2.4 fail to remedy the breach of any of the stipulations and conditions on its part contained in this Agreement within one month after receipt of written notice requiring it to remedy the breach or within such reasonable time in excess of one month as may be specified by the Head of Property Services or 6.2.5 enter into liquidation whether compulsory or voluntary (except for the purpose of reconstruction amalgamation or other similar purpose not involving a realisation of assets) or 6.2.6 suffer its goods to be taken in execution the Council may terminate this Agreement and eject the Developer from the Site and the Development works and erections and fixtures (except the Developer’s plant and equipment) on the Site shall be held by the Council with power to dispose of them PROVIDED ALWAYS that the Council shall not be entitled to exercise any of the rights conferred upon it by this Clause without giving 14 days prior written notice of its intention so to do to any Mortgagee of the Developer of which the Council shall have prior notice and if such Mortgagee shall within one month of receipt of such prior notice indicate to the Council its willingness to complete the Development to assign the benefit of this Agreement or shall supply to the Council:- (a) such details as the Council may reasonably require as to the revisions to the Development Programme and the completion of the Development and (in case of a proposed Assignment) details of the proposed Assignee (b) a duly perfected covenant in such form as the Council may reasonably require by the Mortgagee or Assignee to carry out and complete the Development and so long as such Mortgagee or Assignee has an interest in this Agreement to observe and perform the covenants and obligations on the part of the Developer hereunder Upon fulfilment of the conditions hereinbefore referred to this Agreement shall continue in full force and effect but shall thenceforth be construed as though the name of the Mortgagee or the Assignee (as the case may be) were substituted for the name of the Developer herein and the timescales are amended as agreed 6.3 in the event of termination of this Agreement pursuant to clause 6.2 hereof the Developer shall assign or cause to be assigned to the Council the copyright in the Approved Plans or other plans forming part of this Agreement and the design of the Development in so far as may be necessary to enable the Development to be completed 6.4 any relic article or thing whatsoever of antiquity rarity or value which may be found or discovered by the Developer on or upon the Site or any buildings on it shall belong to the Council and be delivered up by the Developer to the Council and immediately any such relic article or thing is found or discovered the Developer shall give notice to the Council and afford all reasonable facilities to the Council to remove the same and the Council shall grant to the Developer such an extension of the time for the completion of the Development as is reasonable following the Developer’s compliance with these provisions 6.5 the Council shall not be under any liability whatsoever in respect of any defect in the design of the Development by reason of having approved the Approved Plans or otherwise 6.6 any information given to the Developer by the Council in this Agreement or otherwise as to the position of sewers wires cables pipes and other conduits within or over the Site or any information given as to levels or soil conditions is to the best of the Council’s knowledge correct but is given on the understanding that the Council and its servants and agents shall not be liable for any inaccuracies and the Developer is expected to carry out their own surveys and site investigations 6.7 any notice under the terms of this Agreement or by statute required to be served by the parties to this Agreement shall be sufficiently served by the Council by being left or sent by post to the Developer at its registered office for the time being and by the Developer by being left or sent by post to the Council at the Town Hall Lancaster 6.8 nothing contained or implied in this Agreement shall prejudice or affect the rights power duties and obligations of the Council in the exercise of its functions as a Local Authority and the rights power duties and obligations of the council under all public or private statutes bye-laws orders and regulations may be as fully and effectually exercised in relation to the Site and the Development as if the Council were not the owner of the Site and this Agreement had not been executed by it 6.9 if the Developer is delayed in completing or proceeding with the Development solely by reason of any outbreak of war or civil insurrection or by fire tempest frost or other sever weather or by other unavoidable cause or accident or by any strike or lock-out in the building trade or any kindred trade or by delay or failure of delivery of supplies or materials or by unreasonable delay of the Council in complying with its obligations under this Agreement or by any other authority or body needing to give approval to the Development or provide essential services or by reason of an extension variation or alteration made to the Development (which has been approved by the Council) the Council shall allow such further time for the completion of the Development as is in all the circumstances reasonable and shall notify the Developer in writing of the extended time 6.10 in the event of any dispute or difference arising between the parties as to the construction of this Agreement or as to the rights duties or obligations of the parties or as to any other matter in any way arising out of or in connection with the subject matter of this Agreement the dispute shall be referred to the arbitration or decision of an independent arbitrator to be appointed by the President for the time being of the Law Society (this Agreement being deemed to be a submission to arbitration within the meaning of the Arbitration Acts 1950 to 1979 or any statutory modification or re-enactment for the time being in force) and it is agreed and declared that the decision of the arbitrator shall be final and binding 6.11 any costs payable by reason of the provisions of clause 6.10 shall be borne initially in equal proportions by the parties and then as may be adjusted by the award pursuant to its provisions

AGREEMENT AND DECLARATION. It is hereby agreed and declared that:- 6.1 THE Council’s Head 5.1 this Licence is granted subject to the rights of Property Services the owners tenants and occupiers of all adjoining and neighbouring premises and other authorised persons may enter interested persons 5.2 nothing herein contained shall be deemed to authorise any other or further works to the Demised Premises or any part thereof or in any way lessen the liabilities of the Tenant under the tenant's covenants contained in the Lease or in any deeds or documents (hereinafter called the Documents) prior to the date hereof affecting the Lease or the Demised Premises 5.3 on the completion of the Works all the tenant's covenants provisions and agreements contained in the Lease shall apply mutatis mutandis to the Demised Premises in their then altered state 5.4 the proviso for re-entry contained in the Lease shall be exercisable not only in the case of the breach of any of the covenants therein contained but also in the case of the breach of any of the covenants provisions and conditions expressly or impliedly contained in this Licence or in the Documents 5.5 no claim for compensation shall be made by the Tenant in respect of the Works upon the Site to view the state and progress expiration or sooner determination of the Development and to inspect and test term granted by the materials and workmanship and for Lease (or any continuation or extension thereof) or at any other reasonable purpose including time 5.6 the exercise approval by the Landlord or its managing agents architects surveyors or engineers of the rights given Works shall not imply any warranty by or on behalf of the Landlord and no liability whatsoever shall attach to the Council by Landlord in respect thereof 5.7 this Agreement upon default Licence hereby granted shall cease to be of the Developer and may enter upon the Site for the removal of any works which are in contravention of this Agreement and the cost of any works carried out by the Council under this clause shall be recoverable from the Developer 6.2 effect if the Developer: 6.2.1 fails to commence or proceed with the Development with proper diligence or in accordance with the Development Programme Works shall not be commenced within three months of the date hereof and completed to the satisfaction of this Agreement or 6.2.2 fail the Landlord as hereinafter mentioned within six months of the date hereof (or within such further period of time as the Landlord shall consider reasonably necessary to enable the Tenant to complete the Development same in accordance with the timetable event of its being prevented from so doing solely because of matters arising outside its control) but without prejudice to any right of action or remedy of the Landlord in respect of any agreed extension thereof or 6.2.3 fail to observe and perform in material respects the other stipulations and conditions on its part contained in this Agreement or 6.2.4 fail to remedy the antecedent breach of any of the stipulations and conditions on its part contained in this Agreement within one month after receipt of written notice requiring it to remedy the breach or within such reasonable time in excess of one month as may be specified covenants by the Head of Property Services or 6.2.5 enter into liquidation whether compulsory or voluntary (except for the purpose of reconstruction amalgamation or other similar purpose not involving a realisation of assets) or 6.2.6 suffer its goods to be taken in execution the Council may terminate this Agreement and eject the Developer from the Site and the Development works and erections and fixtures (except the Developer’s plant and equipment) on the Site shall be held by the Council with power to dispose of them PROVIDED ALWAYS that the Council shall not be entitled to exercise any of the rights conferred upon it by this Clause without giving 14 days prior written notice of its intention so to do to any Mortgagee of the Developer of which the Council shall have prior notice and if such Mortgagee shall within one month of receipt of such prior notice indicate to the Council its willingness to complete the Development to assign the benefit of this Agreement or shall supply to the Council:- (a) such details as the Council may reasonably require as to the revisions to the Development Programme and the completion of the Development and (in case of a proposed Assignment) details of the proposed Assignee (b) a duly perfected covenant in such form as the Council may reasonably require by the Mortgagee or Assignee to carry out and complete the Development and so long as such Mortgagee or Assignee has an interest in this Agreement to observe and perform the covenants and obligations on the part of the Developer hereunder Upon fulfilment of the conditions hereinbefore referred to this Agreement shall continue in full force and effect but shall thenceforth be construed as though the name of the Mortgagee or the Assignee (as the case may be) were substituted for the name of the Developer Tenant herein and the timescales are amended as agreed 6.3 in the event of termination of this Agreement pursuant to clause 6.2 hereof the Developer shall assign or cause to be assigned to the Council the copyright in the Approved Plans or other plans forming part of this Agreement and the design of the Development in so far as may be necessary to enable the Development to be completed 6.4 any relic article or thing whatsoever of antiquity rarity or value which may be found or discovered by the Developer on or upon the Site or any buildings on it shall belong to the Council and be delivered up by the Developer to the Council and immediately any such relic article or thing is found or discovered the Developer shall give notice to the Council and afford all reasonable facilities to the Council to remove the same and the Council shall grant to the Developer such an extension of the time for the completion of the Development as is reasonable following the Developer’s compliance with these provisions 6.5 the Council shall not be under any liability whatsoever in respect of any defect in the design of the Development by reason of having approved the Approved Plans or otherwise 6.6 any information given to the Developer by the Council in this Agreement or otherwise as to the position of sewers wires cables pipes and other conduits within or over the Site or any information given as to levels or soil conditions is to the best of the Council’s knowledge correct but is given on the understanding that the Council and its servants and agents shall not be liable for any inaccuracies and the Developer is expected to carry out their own surveys and site investigations 6.7 any notice under the terms of this Agreement or by statute required to be served by the parties to this Agreement shall be sufficiently served by the Council by being left or sent by post to the Developer at its registered office for the time being and by the Developer by being left or sent by post to the Council at the Town Hall Lancaster 6.8 nothing contained or implied in this Agreement shall prejudice or affect the rights power duties and obligations of the Council in the exercise of its functions as a Local Authority and the rights power duties and obligations of the council under all public or private statutes bye-laws orders and regulations may be as fully and effectually exercised in relation to the Site and the Development as if the Council were not the owner of the Site and this Agreement had not been executed by it 6.9 if the Developer is delayed in completing or proceeding with the Development solely by reason of any outbreak of war or civil insurrection or by fire tempest frost or other sever weather or by other unavoidable cause or accident or by any strike or lock-out in the building trade or any kindred trade or by delay or failure of delivery of supplies or materials or by unreasonable delay of the Council in complying with its obligations under this Agreement or by any other authority or body needing to give approval to the Development or provide essential services or by reason of an extension variation or alteration made to the Development (which has been approved by the Council) the Council shall allow such further time for the completion of the Development as is in all the circumstances reasonable and shall notify the Developer in writing of the extended time 6.10 in the event of any dispute or difference arising between the parties as to the construction of this Agreement or as to the rights duties or obligations of the parties or as to any other matter in any way arising out of or in connection with the subject matter of this Agreement the dispute shall be referred to the arbitration or decision of an independent arbitrator to be appointed by the President for the time being of the Law Society (this Agreement being deemed to be a submission to arbitration within the meaning of the Arbitration Acts 1950 to 1979 or any statutory modification or re-enactment for the time being in force) and it is agreed and declared that the decision of the arbitrator shall be final and binding 6.11 any costs payable by reason of the provisions of clause 6.10 shall be borne initially in equal proportions by the parties and then as may be adjusted by the award pursuant to its provisionscontained

AGREEMENT AND DECLARATION. It is agreed and declared that:-that: 6.1 THE Council’s Head of Property Services and other authorised persons may enter upon (A) the Site to view licence contained in this deed is voidable at the state and progress option of the Development Landlord without prejudice to its rights under this deed if: (i) the Consents for the Works are not obtained and to inspect and test the materials and workmanship and for any other reasonable purpose including the exercise of the rights given produced to the Council by this Agreement upon default of the Developer and may enter upon the Site for the removal of any works which are in contravention of this Agreement and the cost of any works carried out by the Council under this clause shall be recoverable from the Developer 6.2 if the Developer: 6.2.1 fails to commence or proceed with the Development with proper diligence or in accordance with the Development Programme Landlord within three 3 months of after the date of this Agreement deed, or 6.2.2 fail (ii) the Works are not commenced and commencement notified to complete the Development in accordance with Landlord within 6 months after the timetable or any agreed extension thereof date of this deed, or 6.2.3 fail (iii) the Works are not completed and completion notified to observe and perform in material respects the other stipulations and conditions on its part Landlord within 6 months after the date of this deed, or (iv) the Tenant fails to make good all breaches of the covenants contained in this Agreement or 6.2.4 fail to remedy deed of which written notice is given by the breach of any of the stipulations and conditions on its part contained in this Agreement Landlord within one month after receipt the giving of written such notice requiring it to remedy or sooner if requisite; (B) nothing in this deed nor any approval of the breach Specification or within such reasonable time in excess of one month as may be specified by the Head of Property Services or 6.2.5 enter into liquidation whether compulsory Works whilst progressing or voluntary (except for the purpose of reconstruction amalgamation or other similar purpose not involving a realisation of assets) or 6.2.6 suffer its goods to be taken in execution the Council may terminate this Agreement and eject the Developer when completed shall release any party from the Site and the Development works and erections and fixtures (except the Developer’s plant and equipment) on the Site shall be held by the Council with power to dispose of them PROVIDED ALWAYS that the Council shall not be entitled to exercise any of the rights conferred upon it by this Clause without giving 14 days prior written notice of its intention so to do to any Mortgagee of the Developer of which the Council shall have prior notice and if such Mortgagee shall within one month of receipt of such prior notice indicate to the Council its willingness to complete the Development to assign the benefit of this Agreement or shall supply to the Council:- (a) such details as the Council may reasonably require as to the revisions to the Development Programme and the completion of the Development and (in case of a proposed Assignment) details of the proposed Assignee (b) a duly perfected covenant in such form as the Council may reasonably require by the Mortgagee or Assignee to carry out and complete the Development and so long as such Mortgagee or Assignee has an interest covenants in this Agreement to observe and perform deed or in the covenants and obligations Lease or imply or constitute any representation or warranty on the part of the Developer hereunder Upon fulfilment Landlord, its solicitors, surveyors or professional advisers that the demised premises and their services are suitable for the purpose of the Works; (C) the lessee's covenants and conditions hereinbefore referred to this Agreement shall continue in full force and effect but shall thenceforth be construed as though the name of the Mortgagee or the Assignee (as the case may be) were substituted for the name of the Developer herein and the timescales are amended as agreed 6.3 contained in the event of termination of this Agreement pursuant to clause 6.2 hereof the Developer Lease shall assign or cause to be assigned apply to the Council the copyright demised premises in the Approved Plans or other plans forming part of this Agreement and the design of the Development in so far as may be necessary to enable the Development to be completed 6.4 any relic article or thing whatsoever of antiquity rarity or value which may be found or discovered by the Developer on or upon the Site or any buildings on it shall belong to the Council and be delivered up by the Developer to the Council and immediately any such relic article or thing is found or discovered the Developer shall give notice to the Council and afford all reasonable facilities to the Council to remove the same and the Council shall grant to the Developer such an extension of the time for the their altered state after completion of the Development as is reasonable following Works; (D) nothing in this deed nor any notice, specification or plan of the Developer’s compliance with these provisions 6.5 Works served on the Council Landlord shall not be deemed to be notice under any liability whatsoever the Landlord and Tenant Acts 1927 and 1954 of an intention to make improvements to the demised premises and there shall be no entitlement to compensation in respect of any defect in the design Works at the expiration or sooner determination of the Development by reason term; and (E) any effect on the rental value of having approved the Approved Plans or otherwise 6.6 any information given to the Developer demised premises caused by the Council Works or by the obligations contained in this Agreement or otherwise as to deed shall be disregarded for the position purpose of sewers wires cables pipes and other conduits within or over the Site or any information given as to levels or soil conditions is to the best review of the Council’s knowledge correct but is given on the understanding that the Council and its servants and agents shall not be liable for any inaccuracies and the Developer is expected to carry out their own surveys and site investigations 6.7 any notice rent under the terms of this Agreement or by statute required to be served by the parties to this Agreement shall be sufficiently served by the Council by being left or sent by post to the Developer at its registered office for the time being and by the Developer by being left or sent by post to the Council at the Town Hall Lancaster 6.8 nothing contained or implied in this Agreement shall prejudice or affect the rights power duties and obligations of the Council in the exercise of its functions as a Local Authority and the rights power duties and obligations of the council under all public or private statutes bye-laws orders and regulations may be as fully and effectually exercised in relation to the Site and the Development as if the Council were not the owner of the Site and this Agreement had not been executed by it 6.9 if the Developer is delayed in completing or proceeding with the Development solely by reason of any outbreak of war or civil insurrection or by fire tempest frost or other sever weather or by other unavoidable cause or accident or by any strike or lock-out in the building trade or any kindred trade or by delay or failure of delivery of supplies or materials or by unreasonable delay of the Council in complying with its obligations under this Agreement or by any other authority or body needing to give approval to the Development or provide essential services or by reason of an extension variation or alteration made to the Development (which has been approved by the Council) the Council shall allow such further time for the completion of the Development as is in all the circumstances reasonable and shall notify the Developer in writing of the extended time 6.10 in the event of any dispute or difference arising between the parties as to the construction of this Agreement or as to the rights duties or obligations of the parties or as to any other matter in any way arising out of or in connection with the subject matter of this Agreement the dispute shall be referred to the arbitration or decision of an independent arbitrator to be appointed by the President for the time being of the Law Society (this Agreement being deemed to be a submission to arbitration within the meaning of the Arbitration Acts 1950 to 1979 or any statutory modification or re-enactment for the time being in force) and it is agreed and declared that the decision of the arbitrator shall be final and binding 6.11 any costs payable by reason of the provisions of clause 6.10 shall be borne initially in equal proportions by the parties and then as may be adjusted by the award pursuant to its provisionsLease.

AGREEMENT AND DECLARATION. It is agreed and declared that:-that: 6.1 THE Council’s Head of Property Services and other authorised persons may enter upon (A) the Site to view consent contained in this licence is voidable at the state and progress option of the Development and Landlord or the Tenant by notice in writing to inspect and test the materials and workmanship and for any other reasonable purpose including Undertenant without prejudice to the exercise rights of the rights given Landlord and the Tenant under this licence if: (i) the Consents for the Works (other than the consents required under building regulations which shall be obtained prior to the Council by this Agreement upon default of Undertenant’s occupation) are not obtained and produced to the Developer and may enter upon the Site for the removal of any works which are in contravention of this Agreement Landlord and the cost of any works carried out by the Council under this clause shall be recoverable Tenant within nine (9) months from the Developer 6.2 if the Developer: 6.2.1 fails to commence or proceed with the Development with proper diligence or in accordance with the Development Programme within three months of (and including) the date of this Agreement licence; or 6.2.2 fail (ii) the Works are not commenced and commencement notified to complete the Development in accordance with Landlord and the timetable or any agreed extension thereof Tenant within six months from (and including) the date of this licence; or 6.2.3 fail (iii) the Works are not completed and completion notified to observe the Landlord and perform in material respects the other stipulations Tenant within twelve months from (and conditions on its part including) the date of this licence; or (iv) the Undertenant fails to make good all breaches of the covenants contained in this Agreement or 6.2.4 fail to remedy the breach licence of any of the stipulations and conditions on its part contained in this Agreement within one month after receipt of which written notice requiring it to remedy is given by the breach Landlord or the Tenant within such reasonable time in excess of one month as may be specified stipulated in the notice; (B) sums received by the Head Landlord or the Tenant under this licence by way of Property Services orindemnity which are treated for taxation purposes as income of the Landlord or the Tenant (as applicable) as opposed to payment by way of indemnity shall be increased to the extent necessary to ensure that after discharging the tax on such sums the Landlord or the Tenant receives on the due date and retains a net amount equal to that which it would have received if the sums had not been so treated; 6.2.5 enter into liquidation whether compulsory (C) nothing in this licence nor any approval of the Undertenant’s Works Scope and Plans whilst progressing or voluntary (except for the purpose of reconstruction amalgamation or other similar purpose not involving a realisation of assets) or 6.2.6 suffer its goods to be taken in execution the Council may terminate this Agreement and eject the Developer when completed shall release any party from the Site and the Development works and erections and fixtures (except the Developer’s plant and equipment) on the Site shall be held by the Council with power to dispose of them PROVIDED ALWAYS that the Council shall not be entitled to exercise any of the rights conferred upon it by this Clause without giving 14 days prior written notice of its intention so to do to any Mortgagee of the Developer of which the Council shall have prior notice and if such Mortgagee shall within one month of receipt of such prior notice indicate to the Council its willingness to complete the Development to assign the benefit of this Agreement or shall supply to the Council:- (a) such details as the Council may reasonably require as to the revisions to the Development Programme and the completion of the Development and (in case of a proposed Assignment) details of the proposed Assignee (b) a duly perfected covenant in such form as the Council may reasonably require by the Mortgagee or Assignee to carry out and complete the Development and so long as such Mortgagee or Assignee has an interest covenants in this Agreement to observe and perform licence or in the covenants and obligations Underlease or the Lease or imply or constitute any representation or warranty on the part of the Developer hereunder Upon fulfilment Landlord, the Tenant, their respective solicitors, surveyors or professional advisers that the Premises and their services are suitable for the purpose of the conditions hereinbefore referred Works; (D) the tenant covenants in the Lease and the Underlease will extend to the Works and the Lease and the Underlease shall apply to the Premises as altered by the Works; (E) nothing in this Agreement shall continue in full force and effect but shall thenceforth be construed as though the name licence nor any notice, specification or plan of the Mortgagee Works served on the Landlord or the Assignee (as the case may be) were substituted for the name of the Developer herein and the timescales are amended as agreed 6.3 in the event of termination of this Agreement pursuant to clause 6.2 hereof the Developer Tenant shall assign or cause be deemed to be assigned notice under the Landlord and Tenant Acts 1927 and 1954 of an intention to make improvements to the Council the copyright in the Approved Plans or other plans forming part of this Agreement Premises and the design of the Development in so far as may there shall be necessary no entitlement to enable the Development to be completed 6.4 any relic article or thing whatsoever of antiquity rarity or value which may be found or discovered by the Developer on or upon the Site or any buildings on it shall belong to the Council and be delivered up by the Developer to the Council and immediately any such relic article or thing is found or discovered the Developer shall give notice to the Council and afford all reasonable facilities to the Council to remove the same and the Council shall grant to the Developer such an extension of the time for the completion of the Development as is reasonable following the Developer’s compliance with these provisions 6.5 the Council shall not be under any liability whatsoever compensation in respect of any defect in the design Works at the end of the Development by reason Term; (F) any effect on the rental value of having approved the Approved Plans or otherwise 6.6 any information given to the Developer Premises caused by the Council Works or by the obligations contained in this Agreement licence shall be disregarded for the purpose of any review of rent under the Lease or otherwise as the Underlease; and (G) where, pursuant to the position of sewers wires cables pipes and other conduits within or over the Site or any information given as to levels or soil conditions is to the best of the Council’s knowledge correct but is given on the understanding that the Council and its servants and agents shall not be liable for any inaccuracies and the Developer is expected to carry out their own surveys and site investigations 6.7 any notice under the terms of this Agreement or by statute Deed, the Tenant and/or the Undertenant are required to be served by reimburse the parties to this Agreement Landlord or the Management Company or any other person (“Recipient”) for any cost, fee, charge, disbursement or expense (or any proportion of it), the Tenant or the Undertenant as appropriate shall be sufficiently served by also reimburse the Council by being left Recipient for any part of such cost, fee, charge, disbursement or sent by post expense (or proportion of it) which represents VAT, save to the Developer at its registered office for the time being and by the Developer by being left or sent by post to the Council at the Town Hall Lancaster 6.8 nothing contained or implied in this Agreement shall prejudice or affect the rights power duties and obligations of the Council in the exercise of its functions as a Local Authority and the rights power duties and obligations of the council under all public or private statutes bye-laws orders and regulations may be as fully and effectually exercised in relation to the Site and the Development as if the Council were not the owner of the Site and this Agreement had not been executed by it 6.9 if the Developer is delayed in completing or proceeding with the Development solely by reason of any outbreak of war or civil insurrection or by fire tempest frost or other sever weather or by other unavoidable cause or accident or by any strike or lock-out in the building trade or any kindred trade or by delay or failure of delivery of supplies or materials or by unreasonable delay of the Council in complying with its obligations under this Agreement or by any other authority or body needing to give approval to the Development or provide essential services or by reason of an extension variation or alteration made to the Development (which has been approved by the Council) the Council shall allow such further time for the completion of the Development as is in all the circumstances reasonable and shall notify the Developer in writing of the extended time 6.10 in the event of any dispute or difference arising between the parties as to the construction of this Agreement or as to the rights duties or obligations of the parties or as to any other matter in any way arising out of or in connection with the subject matter of this Agreement the dispute shall be referred to the arbitration or decision of an independent arbitrator to be appointed by the President for the time being of the Law Society (this Agreement being deemed to be a submission to arbitration within the meaning of the Arbitration Acts 1950 to 1979 or any statutory modification or re-enactment for the time being in force) and it is agreed and declared extent that the decision Recipient is entitled to credit or repayment in respect of the arbitrator shall be final and binding 6.11 any costs payable by reason of the provisions of clause 6.10 shall be borne initially in equal proportions by the parties and then as may be adjusted by the award pursuant to its provisionssuch VAT from Revenue & Customs.