Common use of Breach Notice Clause in Contracts

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