Common use of Assignment and Dealings Clause in Contracts

Assignment and Dealings. 17.1 If this Agreement is not registered on the title to the Land, and if the Developer should propose to sell the Land or any part thereof then it shall: (i) within seven (7) days of listing the Land or any part thereof for sale, either through an agent or privately, notify the Council of such intention; (ii) as a condition of any sale, require that the incoming purchaser enter into with Council a like agreement to this present Agreement in which substantially the same covenants as set out herein shall apply; (iii) within seven (7) days of exchange of contracts for the sale, notify the Council of the sale and provide the Council with a copy of the contract; (iv) within twenty one (21) days of receipt from the Council of a replacement agreement between the Council and the purchaser substantially in the form of this Agreement, have it executed by the purchaser and return it to the Council; (v) that if this Agreement is not registered on the title to the Land, and if the Developer should propose otherwise than by sale to transfer or assign its interest in the Land or any part thereof to a transferee or assignee, then it shall before effecting such assignment or transfer have the incoming transferee or assignee enter into an agreement with the Council substantially in the form of this Agreement insofar as concerns the interest assigned or transferred and shall provide same to the Council. 17.2 If the Agreement is registered on title: (i) Should the Developer intend to sell, transfer, assign, novate, charge, encumber of otherwise deal with the Land, the Developer must notify Council 10 business days prior to the assignment or dealing; (ii) If the Land is sold or transferred, the Developer must assign or novate the obligations under this Agreement in the same terms as this Agreement. 17.4 In the event the Developer enters into a contract for the sale of the Land, the Developer (as vendor) shall disclose to the Purchaser the existence of this Agreement.

Assignment and Dealings. 17.1 If this Agreement is not registered on the title to the Land, and if the Developer should propose to sell the Land or any part thereof then it shall: (i) within seven (7) days of listing the Land or any part thereof for sale, either through an agent or privately, notify the Council of such intention; (ii) as a condition of any sale, require that the incoming purchaser enter into with Council a like agreement to this present Agreement in which substantially the same covenants as set out herein shall apply; (iii) within seven (7) days of exchange of contracts for the sale, notify the Council of the sale and provide the Council with a copy of the contract; (iv) within twenty one (21) days of receipt from the Council of a replacement agreement between the Council and the purchaser substantially in the form of this Agreement, have it executed by the purchaser and return it to the Council; (v) that if this Agreement is not registered on the title to the Land, and if the Developer should propose otherwise than by sale to transfer or assign its interest in the Land or any part thereof to a transferee or assignee, then it shall before effecting such assignment or transfer have the incoming transferee or assignee enter into an agreement with the Council substantially in the form of this Agreement insofar as concerns the interest assigned or transferred and shall provide same to the Council. 17.2 If the Agreement is registered on title: (i) Should the Developer intend to sell, transfer, assign, novate, charge, encumber of otherwise deal with the Land, the Developer must notify Council 10 business days prior to the assignment or dealing; (ii) If the Land is sold or transferred, the Developer must assign or novate the obligations under this Agreement in the same terms as this Agreement. 17.4 In the event the Developer enters into a contract for the sale of the Land, the Developer (as vendor) shall disclose to the Purchaser the existence of this Agreement.

Assignment and Dealings. 17.1 If this Agreement is not registered on the title to the Land, and if the Developer should propose to sell the Land or any part thereof then it shall: (i) within seven (7) days of listing the Land or any part thereof for sale, either through an agent or privately, notify the Council of such intention; (ii) as a condition of any sale, require that the incoming purchaser enter into with Council a like agreement to this present Agreement in which substantially the same covenants as set out herein shall apply; (iii) within seven (7) days of exchange of contracts for the sale, notify the Council of the sale and provide the Council with a copy of the contract; (iv) within twenty one (21) days of receipt from the Council of a replacement agreement between the Council and the purchaser substantially in the form of this Agreement, have it executed by the purchaser and return it to the Council; (v) that if this Agreement is not registered on the title to the Land, and if the Developer should propose otherwise than by sale to transfer or assign its interest in the Land or any part thereof to a transferee or assignee, then it shall before effecting such assignment or transfer have the incoming transferee or assignee enter into an agreement with the Council substantially in the form of this Agreement insofar as concerns the interest assigned or transferred and shall provide same to the Council. 17.2 If the Agreement is registered on title: (i) Should the Developer intend to sell, transfer, assign, novate, charge, encumber of otherwise deal with the Land, the Developer must notify Council 10 business days prior to the assignment or dealing; ; (ii) If the Land is sold or transferred, the Developer must assign or novate the obligations under this Agreement in the same terms as this Agreement. 17.4 In the event the Developer enters into a contract for the sale of the Land, the Developer (as vendor) shall . disclose to the Purchaser the existence of this Agreement.

Assignment and Dealings. 17.1 If 14.1 The Developer must procure from any mortgagee in relation to the Land an acceptance of the terms of this Agreement and an acknowledgement that the mortgagee will adhere to the provisions of this agreement if it takes possession of the Land as mortgagee in possession. 14.2 Unless the Developer has complied with all its obligations under this Agreement (except to the extent it is impractical as to timing in relation to the Water Reservoir and Associated Delivery System Contribution), the Developer is not registered on to do any or the title to following: 14.2.1 transfer or dispose of the Land, and if the Developer should propose to sell the Land whole or any part thereof then it shall: (i) within seven (7) days of listing the Land their right, title or any part thereof for sale, either through an agent or privately, notify the Council of such intention; (ii) as a condition of any sale, require that the incoming purchaser enter into with Council a like agreement to this present Agreement in which substantially the same covenants as set out herein shall apply; (iii) within seven (7) days of exchange of contracts for the sale, notify the Council of the sale and provide the Council with a copy of the contract; (iv) within twenty one (21) days of receipt from the Council of a replacement agreement between the Council and the purchaser substantially in the form of this Agreement, have it executed by the purchaser and return it to the Council; (v) that if this Agreement is not registered on the title to the Land, and if the Developer should propose otherwise than by sale to transfer or assign its interest in the Land or to any part thereof to a transferee or assignee, then it shall before effecting such assignment or transfer have the incoming transferee or assignee enter into an agreement with the Council substantially in the form of this Agreement insofar as concerns the interest assigned or transferred and shall provide same to the Council.person or 17.2 If the Agreement is registered on title: (i) Should the Developer intend to sell, transfer, assign, novate, charge, encumber of otherwise deal with the Land, the Developer must notify Council 10 business days prior to the assignment or dealing; (ii) If the Land is sold or transferred, the Developer must 14.2.2 assign or novate to any person the Developer's rights or obligations under this Agreement. 14.3 Notwithstanding clause 14.2 Council may consent in writing to the Developer doing any of the things referred to therein if: 14.3.1 the Council is satisfied, acting reasonably, that the proposed transferee is financially capable of complying with the Developer's obligations under this Agreement; and 14.3.2 the Council is satisfied that its rights will not be diminished or fettered in any way; and 14.3.3 the Developer has, at no cost to Council, first procured the execution by the person to whom the Developer's rights or obligations under this Agreement are to be assigned or novated, an agreement in favour of Council under which that person agrees to comply with all the same terms as outstanding obligations of the Developer under this Agreement; and 14.3.4 any default by the Developer under the provisions of this Agreement have been remedied by the Developer or waived by the Council; and 14.3.5 The Developer and the proposed transferee must pay the Council’s reasonable costs in relation to any assignment or novation of the rights and obligations under this Agreement. 17.4 In the event 14.4 Clause 14 does not restrict or prevent the Developer enters into a contract for from the sale or transfer of any lots within the Development to a purchaser. 14.5 For the avoidance of doubt nothing in this clause affects the obligations of the Land, Developer to pay the Developer (Water Reservoir and Associated Delivery System Contribution as vendor) shall disclose to the Purchaser the existence set out in Item 3 of Schedule 2 of this Agreement.