Common use of Agreement requirements Clause in Contracts

Agreement requirements. The Developer and the Landowner must, at their cost, prepare and, subject to clause 3.2 of Schedule 3, enter into the Community Housing Provider Agreement by the due date specified in clause 1 of Schedule 3 that: (a) provides for the transfer of the Affordable Housing Dwellings to the Community Housing Provider, at no cost to the Community Housing Provider; (b) requires each Affordable Housing Dwelling have the Affordable Housing Restriction registered on title, prior to the transfer of the Affordable Housing Dwellings to the Community Housing Provider; (c) requires all parties comply with the City’s ‘Affordable Housing Program’ adopted 24 August 2020 as updated or amended from time to time, in respect of the Affordable Housing Dwellings; (d) specifies each of the Affordable Housing Dwellings including the size and location of each Affordable Housing Dwelling and the design, construction fit-out specifications, as agreed between the Developer, the Landowner and the Community Housing Provider; (e) requires that the Developer and Landowner not amend, change or otherwise alter the size or location of the Affordable Housing Dwellings, or the design, construction and fit-out specifications agreed between the Developer, the Landowner and the Community Housing Provider except with the written approval of the Community Housing Provider; (f) specifies the process that will apply where any party to the Community Housing Provider Agreement seeks changes to the agreed size or location of the Affordable Housing Dwellings, or the design, construction and fit-out specifications; (g) specifies the process and timings for the Developer and Landowner to provide regular updates to the Community Housing Provider on the Development Application and the design, construction, fit-out and transfer of the Affordable Housing Dwellings; (h) sets out the processes for: (i) ensuring the Community Housing Provider is reasonably satisfied with the design, construction and fit-out of the Affordable Housing Dwellings; and (ii) acceptance of the Affordable Housing Dwellings by the Community Housing Provider following construction and fit-out, and prior to transfer of the Affordable Housing Dwellings to the Community Housing Provider; (i) sets out a fair and reasonable process for dispute resolution, including for disputes relating to the size, location, design, construction, fit-out and transfer of the Affordable Housing Dwellings, with resolution by an independent expert where the value of the dispute exceeds $100,000 and the dispute has not been resolved by the parties within 20 Business Days; (j) provides the Community Housing Provider with a right to terminate the Community Housing Provider Agreement, without penalty, where the Community Housing Provider reasonably believes the Developer and/or the Landowner have breached any provision of the Community Housing Provider Agreement and that breach is incapable of remedy or has continued for 10 Business Days after the date the Community Housing Provider gives notice requiring the breach be remedied; (k) requires that the Developer and Landowner promptly rectify, at the Developer’s cost, any Defects in the Affordable Housing Dwellings identified by the Community Housing Provider and notified to the Developer or Landowner during the 12-month period commencing on the date the Affordable Housing Dwellings are transferred to the Community Housing Provider; and (l) indemnifies the Community Housing Provider against all claims made against the Community Housing Provider as a result of any Contamination in, over, under or migrating from the whole or any part of the Affordable Housing Dwellings in relation to Contamination that existed on or before the date that the Affordable Housing Dwellings are transferred to the Community Housing Provider.

Agreement requirements. ‌ The Developer and the Landowner must, at their cost, prepare and, subject to clause 3.2 of Schedule 3, enter into the Community Housing Provider Agreement by the due date specified in clause 1 of Schedule 3 that: (a) provides for the transfer of the Affordable Housing Dwellings to the Community Housing Provider, at no cost to the Community Housing Provider; (b) requires each Affordable Housing Dwelling have the Affordable Housing Restriction registered on title, prior to the transfer of the Affordable Housing Dwellings to the Community Housing Provider; (c) requires all parties comply with the City’s ‘Affordable Housing Program’ adopted 24 August 2020 as updated or amended from time to time, in respect of the Affordable Housing Dwellings; (d) specifies each of the Affordable Housing Dwellings including the size and location of each Affordable Housing Dwelling and the design, construction fit-out specifications, as agreed between the Developer, the Landowner and the Community Housing Provider; (e) requires that the Developer and Landowner not amend, change or otherwise alter the size or location of the Affordable Housing Dwellings, or the design, construction and fit-out specifications agreed between the Developer, the Landowner and the Community Housing Provider except with the written approval of the Community Housing Provider; (f) specifies the process that will apply where any party to the Community Housing Provider Agreement seeks changes to the agreed size or location of the Affordable Housing Dwellings, or the design, construction and fit-out specifications; (g) specifies the process and timings for the Developer and Landowner to provide regular updates to the Community Housing Provider on the Development Application and the design, construction, fit-out and transfer of the Affordable Housing Dwellings; (h) sets out the processes for: (i) ensuring the Community Housing Provider is reasonably satisfied with the design, construction and fit-out of the Affordable Housing Dwellings; and (ii) acceptance of the Affordable Housing Dwellings by the Community Housing Provider following construction and fit-out, and prior to transfer of the Affordable Housing Dwellings to the Community Housing Provider; (i) sets out a fair and reasonable process for dispute resolution, including for disputes relating to the size, location, design, construction, fit-out and transfer of the Affordable Housing Dwellings, with resolution by an independent expert where the value of the dispute exceeds $100,000 and the dispute has not been resolved by the parties within 20 Business Days; (j) provides the Community Housing Provider with a right to terminate the Community Housing Provider Agreement, without penalty, where the Community Housing Provider reasonably believes the Developer and/or the Landowner have breached any provision of the Community Housing Provider Agreement and that breach is incapable of remedy or has continued for 10 Business Days after the date the Community Housing Provider gives notice requiring the breach be remedied; (k) requires that the Developer and Landowner promptly rectify, at the Developer’s cost, any Defects in the Affordable Housing Dwellings identified by the Community Housing Provider and notified to the Developer or Landowner during the 12-month period commencing on the date the Affordable Housing Dwellings are transferred to the Community Housing Provider; and (l) indemnifies the Community Housing Provider against all claims made against the Community Housing Provider as a result of any Contamination in, over, under or migrating from the whole or any part of the Affordable Housing Dwellings in relation to Contamination that existed on or before the date that the Affordable Housing Dwellings are transferred to the Community Housing Provider.

Agreement requirements. The Developer and the Landowner must, at their its cost, prepare and, subject to clause 3.2 4.3 of Schedule 3, enter into the Community Housing Provider Agreement by the due date specified in clause 1 Item 1 of Schedule 3 that: (a) provides for the transfer of the Affordable Housing Dwellings Building to the Community Housing Provider, at no cost to the Community Housing Provider; (b) requires each that, if the Community Housing Provider is exempt from the payment of duty under the Duties Act 1977 (NSW) it must provide or do all things reasonably necessary to confirm to the Developer prior to transfer of the Affordable Housing Dwelling Building that it is exempt; (c) requires the Affordable Housing Building to have the Affordable Housing Restriction registered on title, prior to the transfer of the Affordable Housing Dwellings Building to the Community Housing Provider; (cd) requires all both parties comply with the City’s ‘Affordable Housing Program’ adopted 24 August 2020 as updated or amended from time to time, in respect of the Affordable Housing DwellingsBuilding; (de) specifies the size and layout of each of dwelling comprising the Affordable Housing Dwellings including the size and location of each Affordable Housing Dwelling Building and the design, construction fit-out specifications, as agreed between the Developer, the Landowner Developer and the Community Housing Provider; (ef) requires that the Developer and Landowner not amend, change or otherwise alter the size or location layout of the Affordable Housing DwellingsBuilding, or the design, construction and fit-out specifications agreed between the Developer, the Landowner Developer and the Community Housing Provider except with the written approval of the Community Housing Provider, which cannot be unreasonably withheld; (fg) specifies the process requires that will apply where any party to the Community Housing Provider Agreement seeks changes cannot require the Developer to amend, change or otherwise alter the agreed size or location layout of the Affordable Housing DwellingsBuilding, or the design, construction and fit-fit out specificationsspecifications agreed between the Developer and the Community Housing Provider, unless the changes or amendments are reasonably required and agreed to by the Developer; (gh) specifies the process and timings for the Developer and Landowner to provide regular updates to the Community Housing Provider on the applicable Development Application and the design, construction, fit-out and transfer of the Affordable Housing DwellingsBuilding; (hi) requires the Community Housing Provider respond promptly and without delay to requests for information, endorsement, or approval from the Developer; (j) sets out the processes for: (i) ensuring the Community Housing Provider is reasonably satisfied with the design, construction and fit-out of the Affordable Housing Dwellings; and (ii) for acceptance of the Affordable Housing Dwellings Building by the Community Housing Provider following construction and fit-out, and prior to transfer of the Affordable Housing Dwellings Building to the Community Housing Provider; (ik) sets out a fair and reasonable process for dispute resolution, including for disputes relating to the size, locationlayout, design, construction, fit-out and transfer of the Affordable Housing Dwellings, with resolution by an independent expert where the value of the dispute exceeds $100,000 and the dispute has not been resolved by the parties within 20 Business DaysBuilding; (j) provides the Community Housing Provider with a right to terminate the Community Housing Provider Agreement, without penalty, where the Community Housing Provider reasonably believes the Developer and/or the Landowner have breached any provision of the Community Housing Provider Agreement and that breach is incapable of remedy or has continued for 10 Business Days after the date the Community Housing Provider gives notice requiring the breach be remedied; (kl) requires that the Developer and Landowner promptly rectify, at the Developer’s its cost, any Defects in the Affordable Housing Dwellings Building identified by the Community Housing Provider and notified to the Developer or Landowner during the 12-month period commencing on the date the Affordable Housing Dwellings are Building is transferred to the Community Housing Provider; and (lm) indemnifies sets out when the parties can terminate the Community Housing Provider against all claims made against Agreement including (but not limited to) if either party fails to comply with a material obligation under the Community Housing Provider as Agreement that is incapable of remedy or that cannot be remedied within a result of any Contamination inreasonable timeframe, over, under or migrating from the whole or any part of the Affordable Housing Dwellings in relation to Contamination that existed on or before the date that the Affordable Housing Dwellings are transferred to the Community Housing Providereither party suffers an Insolvency Event.