Breach Notice. If the Council reasonably considers that the Developer is in breach of any obligation under this Agreement, it may give a written notice (Breach Notice) to the Developer: (a) specifying the nature and extent of the breach; (b) requiring the Developer to either: (i) rectify the breach if it reasonably considers it is capable of rectification; or (ii) if the Developer reasonably considers the breach is not capable of rectification, pay a reasonable amount in compensation to the Council in lieu of rectifying the breach, specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. (c) If the Developer: (i) does not comply with a Breach Notice relating to the carrying out of Work under this Agreement; and (ii) has no reasonable excuse for its non-compliance, the Council may step-in and remedy the breach and may enter, occupy and use any land owned or controlled by the Developer and any Equipment on such land for that purpose.
Appears in 3 contracts
Sources: Planning Agreement, Planning Agreement, Planning Agreement
Breach Notice. If the Council reasonably considers that the Developer is in breach of any obligation under this Agreement, it may give a written notice (Breach Notice) to the Developer:
(a) specifying the nature and extent of the breach;
(b) requiring the Developer to either:either:
(i) rectify the breach if it reasonably considers it is capable of rectification; or
(ii) if the Developer reasonably considers the breach is not capable of rectification, pay a reasonable amount in compensation to the Council in lieu of rectifying the breach, breach, specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances.
(c) If the Developer:
(i) does not comply with a Breach Notice relating to the carrying out of Work under this Agreement; and
(ii) has no reasonable excuse for its non-compliance, compliance, the Council may step-in and remedy the breach and may enter, occupy and use any land owned or controlled by the Developer and any Equipment on such land for that purpose.
Appears in 1 contract
Sources: Planning Agreement
Breach Notice. If the Council reasonably considers that the Developer is in breach of any obligation under this Agreement, it may give a written notice (Breach Notice) to the Developer:
(a) specifying the nature and extent of the breach;
(b) requiring the Developer to either:
(i) rectify Rectify the breach if it the Developer reasonably considers it is capable of rectification; or
(ii) if the Developer reasonably considers the breach is not capable of rectification, pay a reasonable amount in compensation to the Council in lieu of rectifying Rectifying the breach, specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances.
(c) . If the Developer:
(ic) does not comply with a Breach Notice relating to the carrying out of Work under this Agreement; and
(iid) has no reasonable excuse for its non-compliance, the Council may step-in and remedy the breach and may enter, occupy and use any land owned or controlled by the Developer and any Equipment on such land for that purpose.
Appears in 1 contract
Sources: Planning Agreement
Breach Notice. If the Council reasonably considers that the Developer is in breach of any obligation under this Agreement, it may give a written notice (Breach Notice) to the Developer:
(a) specifying the nature and extent of the breach;
(b) requiring the Developer to either:
(i) rectify Rectify the breach if it the Developer reasonably considers it is capable of rectification; or
(ii) if the Developer reasonably considers the breach is not capable of rectification, pay a reasonable amount in compensation to the Council in lieu of rectifying Rectifying the breach, specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances.
(c) If the Developer:
(i) does not comply with a Breach Notice relating to the carrying out of Work under this Agreement; and
(ii) has no reasonable excuse for its non-compliance, the Council may call-up and apply the Security provided by the Developer, step-in and remedy the breach and may enter, occupy and use any land owned or controlled by the Developer and any Equipment on such land for that purpose.
Appears in 1 contract
Sources: Planning Agreement