Assignment and Dealings. Until the Development Contribution is paid in full, the Developer cannot sell, transfer, assign, novate, charge, encumber or otherwise deal with the Land or attempt or purport to do so.
Assignment and Dealings. The Developer agrees that this Planning Agreement shall be binding upon the Developer and upon their respective transferees, assignees or successors.
Assignment and Dealings. Until the Material Public Benefit is provided in full, the Developer cannot sell, transfer, assign, novate, charge, encumber or otherwise deal with the Land or attempt or purport to do so unless the Developer:
13.1 Gives Council no less than ten (10) Business Days’ notice in writing of the proposed sale, transfer, assignment, novation, charge, encumbrance or other dealing with its rights in respect of the Land;
13.2 Procures that any buyer, transferee, assignee or novatee promptly executes a Deed in favour of Council whereby the buyer, transferee, assignee or novatee becomes contractually bound with Council to perform the Developer’s obligations under this Deed.
Assignment and Dealings. 13.1 If, before this Agreement is registered on the relevant folios of the Register of Land, the Developer enters into an agreement with a third party (Incoming Party) to sell, transfer, assign or novate, encumber or similarly deal with its right, title or interest in the Land (if any) or rights or obligations under the terms of this Agreement (Transaction), the Developer may not complete that Transaction, unless before completion of the Transaction, the Developer:
(a) at no cost to Council, has first procured the execution by the Incoming Party of an agreement in favour of Council on the same terms as this Agreement as if the Incoming Party were a Party to this Agreement; and
(b) satisfies Council that the Developer is not in breach of its obligations under this Agreement at the time of completion of the Transaction.
13.2 The Parties agree that clause 13.1 of this Agreement does not operate in each of the following circumstances:
(a) where the Road Land has been dedicated to Council under clauses 6 and 8 of this Agreement;
(b) the Transaction is by way of a mortgage or charge; and
(c) if the Incoming Party (as that term is defined in clause 13.1 above) is acquiring an interest in the Land or part of the Land as a purchaser of one of more lots in a community scheme or a strata scheme (whether or not the community or strata scheme as the case may be, has been registered on the Register of Land) in which case the Developer may create and transfer that interest without requiring the Incoming Party to enter into an agreement with Council, and the interest so created and transferred will not be in breach of this Agreement.
Assignment and Dealings. 34.1 The Developer may not sell, transfer, assign or novate or similarly deal with (referred to in this clause as “Dealing”) its right, title or interest in the Land (if any) other than a Final Lot or a part of the Land to be transferred or dedicated to a third party under this Agreement, or its rights or obligations under this Agreement, or allow any interest in them to arise or be varied, in each case, without the Council’s consent (which shall not be unreasonably withheld).
34.2 The Council shall not withhold its consent under clause 34.1 if:
34.2.1 the Developer is not in breach of this Agreement, or if the Developer is in breach of the Agreement, the Developer can demonstrate to Council’s reasonable satisfaction that it is taking action to remedy the breach, and
34.2.2 the Developer has undertaken due diligence and reasonably considers that the purchaser, transferee, assignee or novatee, is reasonably capable of performing its obligations under this Agreement; and
34.2.3 the Developer provides evidence, including such additional evidence that the Council requires, to the Council’s reasonable satisfaction to substantiate its view that the purchaser, transferee, assignee or novatee, is reasonably capable of performing its obligations under this Agreement.
34.3 The Developer must give the Council no less than 40 Business Days notice in writing of the proposed Dealing and the Council must advise the Developer within 20 Business Days whether it will consent to the Dealing, subject to clause 34.4.
34.4 Subject to clause 34.12, prior to any such sale, transfer, assignment, charge, encumbrance or novation, the Developer must:
34.4.1 procure that the transferee, assignee or novatee executes and delivers to the Council prior to any such Dealing taking effect, a deed in favour of the Council in form and substance acceptable to the Council (acting reasonably) whereby, subject to clauses 34.5 and 34.6:
(a) the purchaser, transferee, assignee or novatee becomes contractually bound with the Council to perform all of the Developer’s obligations under this Agreement (including obligations which may have arisen before the transfer, assignment or novation takes effect), or on such other terms as agreed by the Parties;
(b) the purchaser, transferee, assignee or novatee has the benefit of all the Developer’s rights under this Agreement, or on such other terms as agreed by the Parties; and
(c) the Developer is released from its Future Obligations under this Agreement.
34.5...
Assignment and Dealings. Until the Development Contribution is paid in full, the Developer cannot sell, transfer, assign, novate, charge, encumber or otherwise deal with the Land or attempt or purport to do so unless, before completion of the said dealing, the Developer:
(a) at no cost to Council, has first procured the execution by the incoming party of an agreement in favour of Council on the same terms as this Agreement as if the incoming party were a Party to this Agreement; and
(b) satisfies Council that the Developer is not in breach of its obligations under this Agreement at the time of completion of the dealing.
Assignment and Dealings. The Proprietor and the Developer agree that this Agreement shall be binding upon the Proprietor and the Developer and upon their respective transferees, assignees or successors.
Assignment and Dealings. Until the Development Contribution is paid in full, the Developer cannot sell, transfer, assign, novate, charge, encumber or otherwise deal with the Land or attempt or purport to do so unless the Developer:
14.1 gives Council no less than ten (10) Business Days’ notice in writing of the proposed sale, transfer, assignment, novation, charge, encumbrance or other dealing with its rights in respect of the Land;
14.2 procures that any buyer, transferee, assignee or novatee promptly executes an Agreement in favour of Council whereby the buyer, transferee, assignee or novatee becomes contractually bound with Council to perform the Developer’s obligations under this Agreement;
14.3 in the event of a proposed charge, mortgage, encumbrance or other dealing with the Land, provides to Council a bank guarantee unlimited in time from a bank and on terms acceptable to Council to secure the payment of the Development Contribution.
Assignment and Dealings. 14.1 The Developer agrees that it will not Deal with, transfer, mortgage or otherwise encumber any interest in the Land, or assign or novate any rights or obligations under this Agreement, to a third party (Third Party) unless:
14.1.1 Council has given its prior written consent to the proposed assignment or Dealing;
14.1.2 the Third Party has, at no cost to Council, entered into an agreement with the Developer and Council in which the Third Party agrees to be bound by the Agreement as if they were a party to the original Agreement; and
14.1.3 the Developer is not in breach of the Agreement.
14.2 The Developer agrees that it will not lodge any caveat or other instrument upon the title of the Land which may prohibit or hinder registration of this Agreement.
Assignment and Dealings. 14.1. The Developer may not sell, transfer, assign or novate or similarly deal with (Dealing) its right, title or interest in the Land or its rights or obligations under this agreement without the Council’s consent and unless:
(a) the Developer gives the Council no less than 10 Business Days notice in writing of the proposed Dealing; and
(b) the Council gives the Developer notice in writing that it is satisfied (acting reasonably) that the person with whom the Developer wishes to deal (Transferee) is financially capable of complying with the terms of this agreement; and
(c) a right of the Council is not diminished or fettered in any way; and
(d) the Developer and Transferee execute a deed of novation of this agreement prepared by the Council in which the Transferee becomes contractually bound to fulfil the terms of this agreement.
