Common use of Breach of Obligations Clause in Contracts

Breach of Obligations. 23.1 If the Council reasonably considers that the Developer is in breach of any obligation under this Deed, it may give a written notice to the Developer: 23.1.1 specifying the nature and extent of the breach, 23.1.2 requiring the Developer to: (a) rectify the breach if it reasonably considers it is capable of rectification, or (b) pay compensation to the reasonable satisfaction of the Council in lieu of rectifying the breach if it reasonably considers the breach is not capable of rectification, 23.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 23.2 If the Developer fails to fully comply with a notice referred to in clause 23.1, the Council may, without further notice to the Developer, call-up the Works Security or Defects Liability Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach notwithstanding any other remedy it may have under this Deed, under any Act or otherwise at law or in equity. 23.3 If the Developer fails to comply with a notice given under clause 23.1 relating to the carrying out of Work under this Deed, 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. 23.4 Before the Council calls-up the Works Security or Defects Liability Security under clause 23.2 or steps-in to remedy the breach under clause 23.3, it is to (acting reasonably and in good faith) take into consideration any dispute- resolution process which has commenced under clause 20 or 21. 23.5 Any costs necessarily and reasonably incurred by the Council in remedying a breach in accordance with clause 23.2 or clause 23.3 may be recovered by the Council by either or a combination of the following means: 23.5.1 by calling-up and applying the Security provided by the Developer under this Deed, or 23.5.2 as a debt due in a court of competent jurisdiction. 23.6 For the purpose of clause 23.4, the Council’s costs of remedying a breach the subject of a notice given under clause 23.1 include, but are not limited to: 23.6.1 the costs of the Council’s employees, agents and contractors reasonably incurred for that purpose, 23.6.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 23.6.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 23.7 Nothing in this clause 23 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Deed by the Developer, including but not limited to seeking relief in an appropriate court.

Breach of Obligations. 23.1 45.1 If the Council reasonably considers that the Developer is in breach of any obligation under this Deed, it may give a written notice to the Developer: 23.1.1 45.1.1 specifying the nature and extent of the breach, 23.1.2 45.1.2 requiring the Developer to: (a) rectify the breach if it reasonably considers it is capable of rectification, or (b) pay compensation to the reasonable satisfaction of the Council in lieu of rectifying the breach if it reasonably considers the breach is not capable of rectification, 23.1.3 45.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 23.2 45.2 If the Developer fails to fully comply with a notice referred to in clause 23.145.1, the Council may, without further notice to the Developer, call-up the Works Security or Defects Liability Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach notwithstanding any other remedy it may have under this Deed, under any Act or otherwise at law or in equitybreach. 23.3 45.3 If the Developer fails to comply with a notice given under clause 23.1 45.1 relating to the carrying out of Work Developer Works under this Deed, 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. 23.4 Before the Council calls-up the Works Security or Defects Liability Security under clause 23.2 or steps-in to remedy the breach under clause 23.3, it is to (acting reasonably and in good faith) take into consideration any dispute- resolution process which has commenced under clause 20 or 21. 23.5 45.4 Any costs necessarily and reasonably incurred by the Council in remedying a breach in accordance with clause 23.2 45.2 or clause 23.3 45.3 may be recovered by the Council by either or a combination of the following means: 23.5.1 45.4.1 by calling-up and applying the Security or Defects Liability Security provided by the Developer under this Deed, or 23.5.2 as a debt due in a court of competent jurisdiction. 23.6 45.5 For the purpose of clause 23.445.4, the Council’s costs of remedying a breach the subject of a notice given under clause 23.1 45.1 include, but are not limited to: 23.6.1 45.5.1 the costs of the Council’s employees, agents and contractors reasonably incurred for that purpose, 23.6.2 45.5.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 23.6.3 45.5.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 23.7 45.6 Nothing in this clause 23 45 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Deed by the Developer, including but not limited to seeking relief in an appropriate court.

Breach of Obligations. 23.1 If the Council reasonably considers that the Developer is in breach of any obligation under this Deed, it may give a written notice to the Developer: 23.1.1 : specifying the nature and extent of the breach, 23.1.2 , requiring the Developer to: (a) : rectify the breach if it reasonably considers it is capable of rectification, or (b) or pay compensation to the reasonable satisfaction of the Council in lieu of rectifying the breach if it reasonably considers the breach is not capable of rectification, 23.1.3 and specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 23.2 . If the Developer fails to fully comply with a notice referred to in clause 23.136.1, the Council may, without further notice to the Developer, call-up the Works Security or Defects Liability Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach notwithstanding any other remedy it may have under this Deed, under any Act or otherwise at law or in equity. 23.3 breach. If the Developer fails to comply with a notice given under clause 23.1 36.1 relating to the carrying out of Work under this Deed, 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. 23.4 Before the Council calls-up the Works Security or Defects Liability Security under clause 23.2 or steps-in to remedy the breach under clause 23.3, it is to (acting reasonably and in good faith) take into consideration any dispute- resolution process which has commenced under clause 20 or 21. 23.5 . Any costs necessarily and reasonably incurred by the Council in remedying a breach in accordance with clause 23.2 36.2 or clause 23.3 36.3 may be recovered by the Council by either or a combination of the following means: 23.5.1 : by calling-up and applying the Security provided by the Developer under this Deed, or 23.5.2 or as a debt due in a court of competent jurisdiction. 23.6 . For the purpose of clause 23.436.4, the Council’s costs of remedying a breach the subject of a notice given under clause 23.1 36.1 include, but are not limited to: 23.6.1 : the costs of the Council’s employees, agents and contractors reasonably incurred for that purpose, 23.6.2 , all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 23.6.3 and all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 23.7 . Nothing in this clause 23 36 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Deed by the Developer, including but not limited to seeking relief in an appropriate court. Without limiting any other provision of this Deed, the Parties may enforce this Deed in any court of competent jurisdiction. For the avoidance of doubt, nothing in this Deed prevents: a Party from bringing proceedings in the Land and Environment Court to enforce any aspect of this Deed or any matter to which this Deed relates, or the Council from exercising any function under the Act or any other Act or law relating to the enforcement of any aspect of this Deed or any matter to which this Deed relates.

Breach of Obligations. 23.1 (a) If the Council reasonably considers that the Developer is in breach of any obligation under this Deedagreement, it may give a written notice to the Developer: 23.1.1 i. specifying the nature and extent of the breach, 23.1.2 ii. requiring the Developer to: (aA) rectify the breach if it reasonably considers it is capable of rectification, or (bB) pay compensation to the reasonable satisfaction of the Council in lieu of rectifying the breach if it reasonably considers the breach is not capable of rectification, 23.1.3 iii. specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 23.2 (b) If the Developer fails to fully comply with a notice referred to in clause 23.111.7(a), the Council may, without further notice to the Developer, call-up the Works Security or Defects Liability Security provided by the Developer under this Deed agreement and apply it to remedy the Developer’s breach notwithstanding any other remedy it may have under this Deed, under any Act or otherwise at law or in equity.remedy 23.3 (c) If the Developer fails to comply with a notice given under clause 23.1 11.7(a) relating to the carrying out of Work Works under this Deedagreement, 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 purposeDeveloper. 23.4 Before the Council calls-up the Works Security or Defects Liability Security under clause 23.2 or steps-in to remedy the breach under clause 23.3, it is to (acting reasonably and in good faithd) take into consideration any dispute- resolution process which has commenced under clause 20 or 21. 23.5 Any costs necessarily and reasonably incurred by the Council in remedying a breach in accordance with clause 23.2 11.7(b) or clause 23.3 11.7(c) may be recovered by the Council by either or a combination of the following means: 23.5.1 i. by calling-up and applying the Security provided by the Developer under this Deedagreement, or 23.5.2 ii. as a debt due in a court of competent jurisdiction. 23.6 (e) For the purpose of clause 23.4, the Council’s costs of remedying a breach the 11.7(d) subject of a notice given under clause 23.1 11.7(a) include, but are not limited to: 23.6.1 the costs of the Council’s employees, agents and contractors reasonably i. incurred for that purpose, 23.6.2 ii. all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 23.6.3 iii. all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 23.7 (f) Nothing in this clause 23 11.7 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Deed agreement by the Developer, including but not limited to seeking relief in an appropriate court.

Breach of Obligations. 23.1 45.1 If the Council reasonably considers that the Developer a Party is in breach of any obligation under this Deed, it may give a written notice to the Developerthat Party: 23.1.1 45.1.1 specifying the nature and extent of the breach, 23.1.2 45.1.2 requiring the Developer Party to: (a) rectify the breach if it reasonably considers it is capable of rectification, or (b) pay compensation to the reasonable satisfaction of the Council in lieu of rectifying the breach if it reasonably considers the breach is not capable of rectification, 23.1.3 45.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 23.2 45.2 If the Developer a Party fails to fully comply with a notice referred to in clause 23.145.1, the Council may, without further notice to the Developerany Party, call-up the Works Security or Defects Liability Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach notwithstanding any other remedy it may have under this Deed, under any Act or otherwise at law or in equitybreach. 23.3 45.3 If the Developer fails to comply with a notice given under clause 23.1 45.3 relating to the carrying out of Work under this Deed, 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. 23.4 Before the Council calls-up the Works Security or Defects Liability Security under clause 23.2 or steps-in to remedy the breach under clause 23.3, it is to (acting reasonably and in good faith) take into consideration any dispute- resolution process which has commenced under clause 20 or 21. 23.5 45.4 Any costs necessarily and reasonably incurred by the Council in remedying a breach in accordance with clause 23.2 45.2 or clause 23.3 45.3 may be recovered by the Council by either or a combination of the following means: 23.5.1 45.4.1 by calling-up and applying the Security provided by the Developer under this Deed, or 23.5.2 45.4.2 as a debt due in a court of competent jurisdiction. 23.6 45.5 For the purpose of clause 23.445.4, the Council’s 's costs of remedying a breach the subject of a notice given under clause 23.1 45.1 include, but are not limited to: 23.6.1 45.5.1 the costs of the Council’s employees's servants, agents and contractors reasonably incurred for that purpose, 23.6.2 45.5.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 23.6.3 45.5.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 23.7 45.6 Nothing in this clause 23 43 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Deed by the DeveloperDeveloper and Part Landowner, including but not limited to seeking relief in an appropriate court.

Breach of Obligations. 23.1 (a) If the Council reasonably considers that the Developer is in breach of any obligation under this Deed, it may give a written notice to the Developer: 23.1.1 (i) specifying the nature and extent of the breach, 23.1.2 (ii) requiring the Developer to: (aA) rectify the breach if it reasonably considers it is capable of rectification, or (bB) pay compensation to the reasonable satisfaction of the Council in lieu of rectifying the breach if it reasonably considers the breach is not capable of rectification, 23.1.3 , (iii) specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 23.2 If the Developer fails to fully comply with a notice referred to in clause 23.1, the Council may, without further notice to the Developer, call-up the Works Security or Defects Liability Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach notwithstanding any other remedy it may have under this Deed, under any Act or otherwise at law or in equity. 23.3 If the Developer fails to comply with a notice given under clause 23.1 relating to the carrying out of Work under this Deed, 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. 23.4 Before the Council calls-up the Works Security or Defects Liability Security under clause 23.2 or steps-in to remedy the breach under clause 23.3, it is to (acting reasonably and in good faithb) take into consideration any dispute- resolution process which has commenced under clause 20 or 21. 23.5 Any costs necessarily and reasonably incurred by the Council in remedying a breach in accordance with clause 23.2 or clause 23.3 11.1 may be recovered by the Council by either or a combination of the following means: 23.5.1 by calling-up and applying the Security provided by the Developer under this Deed, or 23.5.2 as a debt due in a court of competent jurisdiction. 23.6 (c) For the purpose of clause 23.411.1(c), the Council’s 's costs of remedying a breach the subject of a notice given under clause 23.1 11.1 include, but are not limited to: 23.6.1 (i) the costs of the Council’s 's employees, agents and contractors reasonably incurred for that purpose, 23.6.2 (ii) all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 23.6.3 (iii) all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 23.7 (d) Nothing in this clause 23 11.1 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Deed by the Developer, including but not limited to seeking relief in an appropriate court.

Breach of Obligations. 23.1 20.1 If the Council reasonably considers that the Developer is in breach of any obligation under this Deed, it may give a written notice to the Developer: 23.1.1 20.1.1 specifying the nature and extent of the breach, 23.1.2 20.1.2 requiring the Developer to: (a) rectify the breach if it reasonably considers it is capable of rectification, or (b) pay compensation to the reasonable satisfaction of the Council in lieu of rectifying the breach if it reasonably considers the breach is not capable of rectification, 23.1.3 and 20.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 23.2 20.2 If the Developer fails to fully comply with a notice referred to in under clause 23.120.1, the Council may, without further notice to the Developer, call-up the Works Security or Defects Liability Security provided by the Developer under this Deed and apply take such action as it considers necessary, including but not limited to commencing proceedings in a court, to remedy the Developer’s breach notwithstanding any other remedy it may have under this Deed, under any Act or otherwise at law or in equitybreach. 23.3 If the Developer fails to comply with a notice given under clause 23.1 relating to the carrying out of Work under this Deed, 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. 23.4 Before the Council calls-up the Works Security or Defects Liability Security under clause 23.2 or steps-in to remedy the breach under clause 23.3, it is to (acting reasonably and in good faith) take into consideration any dispute- resolution process which has commenced under clause 20 or 21. 23.5 20.3 Any costs necessarily and reasonably incurred by the Council in remedying a breach of this Deed in accordance with this clause 23.2 or clause 23.3 may be recovered by the Council by either or a combination of the following means: 23.5.1 by calling-up and applying the Security provided by the Developer under this Deed, or 23.5.2 as a debt due in a court of competent jurisdiction. 23.6 20.4 For the purpose of clause 23.420.3, the Council’s costs of remedying a breach the subject of a notice given under clause 23.1 20.1 include, but are not limited to: 23.6.1 20.4.1 the costs of the Council’s employeesservants, agents and contractors reasonably incurred for that purpose, 23.6.2 20.4.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 23.6.3 20.4.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 23.7 20.5 Nothing in this clause 23 20 prevents the Council from exercising any rights it may have at law or for commencing proceedings in equity in relation to a court seeking urgent injunctive relief for a breach of this Deed by the DeveloperDeveloper without having first given a notice to the Developer under clause 20.1. 20.6 In this clause 20, including but not limited a breach of this Deed includes a reference to seeking relief in an appropriate courta threatened or apprehended breach of this Deed.

Breach of Obligations. 23.1 ‌ 18.1 If the Council reasonably considers that the Developer is in breach of any obligation under this Deed, it may give a written notice to the Developer: 23.1.1 (a) specifying the nature and extent of the breach,; 23.1.2 (b) requiring the Developer to: (ai) rectify the breach if it reasonably considers it is capable of rectification, ; or (bii) pay compensation to the reasonable satisfaction of the Council in lieu of rectifying the breach if it reasonably considers the breach is not capable of rectification, 23.1.3 ; and (c) specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 23.2 If 18.2 Notwithstanding clause 18.1, if the Council reasonably considers that the Developer fails to fully comply with a notice referred to is in clause 23.1, the Council may, without further notice to the Developer, call-up the Works Security or Defects Liability Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach notwithstanding any other remedy it may have under this Deed, under any Act or otherwise at law or in equity. 23.3 If the Developer fails to comply with a notice given under clause 23.1 relating to the carrying out of Work an obligation under this Deed, the Council may step-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. 23.4 Before the Council calls-up the Works Security or Defects Liability Security under clause 23.2 or steps-in to remedy the breach under clause 23.3, it is to (acting reasonably and in good faith) take into consideration any dispute- resolution process which has commenced under clause 20 or 21. 23.5 18.3 Any costs necessarily and reasonably incurred by the Council in remedying a breach in accordance with clause 23.2 or clause 23.3 18.2 may be recovered by the Council by either or a combination of the following means: 23.5.1 by calling-up and applying (a) in the Security provided event the costs reasonably incurred by the Council in remedying a breach the Developer under this Deed, must pay the difference to the Council within thirty (30) days of receiving a written demand for such payment; or 23.5.2 (b) as a debt due in a court of competent jurisdiction. 23.6 18.4 For the purpose of clause 23.418.3, the Council’s costs of remedying a breach the subject of a notice given under clause 23.1 18.1 include, but are not limited to: 23.6.1 (a) the costs of the Council’s employeesservants, agents and contractors reasonably incurred for that purpose,; 23.6.2 (b) all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, ; and 23.6.3 (c) all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 23.7 18.5 Nothing in this clause 23 18 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Deed by the Developer, including but not limited to seeking relief in an appropriate court.

Breach of Obligations. 23.1 31.1 If the Council reasonably considers that the Developer is in breach of any obligation under this Deed, it may give a written notice to the Developer: 23.1.1 (a) specifying the nature and extent of the breach,; 23.1.2 (b) requiring the Developer to: (ai) rectify the breach if it reasonably considers it is capable of rectification, ; or (bii) pay compensation to the reasonable satisfaction of the Council in lieu of rectifying the breach if it reasonably considers the breach is not reasonably capable of rectification, 23.1.3 ; (c) specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 23.2 31.2 If the Developer fails to fully comply with a notice referred to in clause 23.131.1 within the time specified in the notice, the Council may, without further notice to the Developer, call-up the Works Security or Defects Liability Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach notwithstanding any other remedy it may have under this Deed, under any Act or otherwise at law or in equity's breach. 23.3 31.3 If the Developer fails to comply with a notice given under clause 23.1 31.1 relating to the carrying out of Work under this Deed, 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. 23.4 Before the Council calls-up the Works Security or Defects Liability Security under clause 23.2 or steps-in to remedy the breach under clause 23.3, it is to (acting reasonably and in good faith) take into consideration any dispute- resolution process which has commenced under clause 20 or 21. 23.5 31.4 Any costs necessarily and reasonably incurred by the Council in remedying a breach in accordance with clause 23.2 31.2 or clause 23.3 31.3 may be recovered by the Council by either or a combination of the following means: 23.5.1 (a) by calling-up and applying the Security provided by the Developer under this Deed, ; or 23.5.2 (b) as a debt due in a court of competent jurisdiction. 23.6 31.5 For the purpose of clause 23.431.4, the Council’s 's costs of remedying a breach the subject of a notice given under clause 23.1 31.1 include, but are not limited to: 23.6.1 (a) the costs of the Council’s employees's servants, agents and contractors reasonably incurred for that purpose,; 23.6.2 (b) all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, ; and 23.6.3 (c) all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 23.7 31.6 Nothing in this clause 23 31 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Deed by the Developer, including but not limited to seeking relief in an appropriate court.

Breach of Obligations. 23.1 37.1 If the Council reasonably considers that the Developer Landowner is in breach of any obligation under this Deed, it may give a written notice to the DeveloperLandowner: 23.1.1 37.1.1 specifying the nature and extent of the breach, 23.1.2 37.1.2 requiring the Developer Landowner to: (a) rectify the breach if it reasonably considers it is capable of rectification, or (b) pay compensation to the reasonable satisfaction of the Council in lieu of rectifying the breach if it reasonably considers the breach is not capable of rectification, 23.1.3 37.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 23.2 37.2 If the Developer Landowner fails to fully comply with a notice referred to in clause 23.137.1, the Council may, without further notice to the DeveloperLandowner, call-up the Works Security or Defects Liability Security provided by the Developer Landowner under this Deed and apply it to remedy the DeveloperLandowner’s breach notwithstanding any other remedy it may have under this Deed, under any Act or otherwise at law or in equitybreach. 23.3 37.3 If the Developer Landowner fails to comply with a notice given under clause 23.1 37.1 relating to the carrying out of Work under this Deed, the Council may step-in and remedy the breach and may enter, occupy and use any land owned or controlled by the Developer Landowner and any Equipment on such land for that purpose. 23.4 Before the Council calls-up the Works Security or Defects Liability Security under clause 23.2 or steps-in to remedy the breach under clause 23.3, it is to (acting reasonably and in good faith) take into consideration any dispute- resolution process which has commenced under clause 20 or 21. 23.5 37.4 Any costs necessarily and reasonably incurred by the Council in remedying a breach in accordance with clause 23.2 37.2 or clause 23.3 37.3 may be recovered by the Council by either or a combination of the following means: 23.5.1 37.4.1 by calling-up and applying the Security provided by the Developer Landowner under this Deed, or 23.5.2 as a debt due in a court of competent jurisdiction. 23.6 37.5 For the purpose of clause 23.437.4, the Council’s costs of remedying a breach the subject of a notice given under clause 23.1 37.1 include, but are not limited to: 23.6.1 37.5.1 the costs of the Council’s employeesservants, agents and contractors reasonably incurred for that purpose, 23.6.2 37.5.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 23.6.3 37.5.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 23.7 37.6 Nothing in this clause 23 37 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Deed by the DeveloperLandowner, including but not limited to seeking relief in an appropriate court.

Breach of Obligations. 23.1 37.1 If the Council reasonably considers that the Developer Landowner is in breach of any obligation of its obligations under this Deed, it may give a written notice to the DeveloperLandowner: 23.1.1 37.1.1 specifying the nature and extent of the breach, 23.1.2 37.1.2 requiring the Developer Landowner to: (a) rectify the breach if it reasonably considers it is capable of rectification, or (b) pay compensation to the reasonable satisfaction of the Council in lieu of rectifying the breach if it reasonably considers the breach is not capable of rectification, 23.1.3 37.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 23.2 37.2 If the Developer Landowner fails to fully comply with a notice referred to in clause 23.137.1, the Council may, without further notice to the DeveloperLandowner, call-up the Works Security or Defects Liability Security provided by the Developer Landowner under this Deed and apply it to remedy the DeveloperLandowner’s breach notwithstanding any other remedy it may have under this Deed, under any Act or otherwise at law or in equitybreach. 23.3 37.3 If the Developer Landowner fails to comply with a notice given under clause 23.1 relating to the carrying out of Work under this Deed37.1, the Council may step-in and remedy the breach and may enter, occupy and use any land owned or controlled by the Developer Landowner and any Equipment on such land for that purpose. 23.4 Before the Council calls-up the Works Security or Defects Liability Security under clause 23.2 or steps-in to remedy the breach under clause 23.3, it is to (acting reasonably and in good faith) take into consideration any dispute- resolution process which has commenced under clause 20 or 21. 23.5 37.4 Any costs necessarily and reasonably Costs incurred by the Council in remedying a breach in accordance with clause 23.2 37.2 or clause 23.3 37.3 may be recovered by the Council by either or a combination of the following means: 23.5.1 37.4.1 by calling-up and applying the Security provided by the Developer Landowner under this Deed, or 23.5.2 as a debt due in a court of competent jurisdiction. 23.6 37.5 For the purpose of clause 23.437.4, the Council’s costs Costs of remedying a breach the subject of a notice given under clause 23.1 37.1 include, but are not limited to: 23.6.1 37.5.1 the costs Costs of the Council’s employeesservants, agents and contractors reasonably incurred for that purpose, 23.6.2 37.5.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 23.6.3 37.5.3 all legal costs Costs and expenses reasonably incurred by the Council, by reason of the breach. 23.7 37.6 Nothing in this clause 23 37 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Deed by the DeveloperLandowner, including but not limited to seeking relief in an appropriate court.

Breach of Obligations. 23.1 28.1 If the Council reasonably considers that the Developer is in breach of any obligation under this Deed, it may give a written notice to the Developer: 23.1.1 (a) specifying the nature and extent of the breach,; 23.1.2 (b) requiring the Developer to: (ai) rectify the breach if it reasonably considers it is capable of rectification, ; or (bii) pay compensation to the reasonable satisfaction of the Council in lieu of rectifying the breach if it reasonably considers the breach is not reasonably capable of rectification, 23.1.3 ; (c) specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 23.2 28.2 If the Developer fails to fully comply with a notice referred to in clause 23.128.1 within the time specified in the notice, the Council may, without further notice to the Developer, call-up the Works Security or Defects Liability Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach notwithstanding any other remedy it may have under this Deed, under any Act or otherwise at law or in equity's breach. 23.3 28.3 If the Developer fails to comply with a notice given under clause 23.1 28.1 relating to the carrying out of Work under this Deed, 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. 23.4 Before the Council calls-up the Works Security or Defects Liability Security under clause 23.2 or steps-in to remedy the breach under clause 23.3, it is to (acting reasonably and in good faith) take into consideration any dispute- resolution process which has commenced under clause 20 or 21. 23.5 28.4 Any costs necessarily and reasonably incurred by the Council in remedying a breach in accordance with clause 23.2 28.2 or clause 23.3 28.3 may be recovered by the Council by either or a combination of the following means: 23.5.1 (a) by calling-up and applying the Security provided by the Developer under this Deed, ; or 23.5.2 (b) as a debt due in a court of competent jurisdiction. 23.6 28.5 For the purpose of clause 23.428.4, the Council’s 's costs of remedying a breach the subject of a notice given under clause 23.1 28.1 include, but are not limited to: 23.6.1 (a) the costs of the Council’s employees's servants, agents and contractors reasonably incurred for that purpose,; 23.6.2 (b) all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, ; and 23.6.3 (c) all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 23.7 28.6 Nothing in this clause 23 28 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Deed by the Developer, including but not limited to seeking relief in an appropriate court.

Breach of Obligations. 23.1 27.1 If the Council reasonably considers that the Developer is in breach of any obligation under this Deed, it may give a written notice to the Developer: 23.1.1 27.1.1 specifying the nature and extent of the breach, 23.1.2 27.1.2 requiring the Developer to: (a) rectify the breach if it reasonably considers it is capable of rectification, or (b) pay compensation to the reasonable satisfaction of the Council in lieu of rectifying the breach if it reasonably considers the breach is not capable of rectification, 23.1.3 27.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 23.2 27.2 If the Developer fails to fully comply with a notice referred to in clause 23.127.1, the Council may, without further notice to the Developer, call-up the Works Security or Defects Liability Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach notwithstanding any other remedy it may have under this Deed, under any Act or otherwise at law or in equity's breach. 23.3 27.3 If the Developer fails to comply with a notice given under clause 23.1 27.1 relating to the carrying out of Work under this Deed, 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. 23.4 Before the Council calls-up the Works Security or Defects Liability Security under clause 23.2 or steps-in to remedy the breach under clause 23.3, it is to (acting reasonably and in good faith) take into consideration any dispute- resolution process which has commenced under clause 20 or 21. 23.5 27.4 Any costs necessarily and reasonably incurred by the Council in remedying a breach in accordance with clause 23.2 27.2 or clause 23.3 27.3 may be recovered by the Council by either or a combination of the following means: 23.5.1 27.4.1 by calling-up and applying the Security provided by the Developer under this Deed, ; or 23.5.2 27.4.2 as a debt due in a court of competent jurisdiction. 23.6 27.5 For the purpose purposes of clause 23.4Clause 27.4, the Council’s 's costs of remedying a breach the subject of a notice given under clause 23.1 include7.1 including, but are not limited to: 23.6.1 27.5.1 the costs of the Council’s employees's servants, agents and contractors reasonably incurred for that purpose, 23.6.2 27.5.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 23.6.3 27.5.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 23.7 27.6 Nothing in this clause 23 27 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Deed by the Developer, including but not limited to seeking relief in an appropriate courtCourt.

Breach of Obligations. 23.1 ‌ 27.1 If the Council reasonably considers that the Developer is in breach of any obligation under this Deed, it may give a written notice to the Developer: 23.1.1 27.1.1 specifying the nature and extent of the breach, 23.1.2 27.1.2 requiring the Developer to: (a) rectify the breach if it reasonably considers it is capable of rectification, or (b) pay compensation to the reasonable satisfaction of the Council in lieu of rectifying the breach if it reasonably considers the breach is not capable of rectification, 23.1.3 27.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 23.2 27.2 If the Developer fails to fully comply with a notice referred to in clause 23.128.1, the Council may, without further notice to the Developer, call-up the Works Security or Defects Defect Liability Security Guarantee (as applicable) provided by the Developer under this Deed and apply it to remedy the Developer’s breach notwithstanding any other remedy it may have under this Deed, under any Act or otherwise at law or in equitybreach. 23.3 27.3 If the Developer fails to comply with a notice given under clause 23.1 27.1 relating to the carrying out of Work under this Deed, 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. 23.4 Before the Council calls-up the Works Security or Defects Liability Security under clause 23.2 or steps-in to remedy the breach under clause 23.3, it is to (acting reasonably and in good faith) take into consideration any dispute- resolution process which has commenced under clause 20 or 21. 23.5 27.4 Any costs necessarily and reasonably incurred by the Council in remedying a breach in accordance with clause 23.2 27.2 or clause 23.3 27.3 may be recovered by the Council by either or a combination of the following means: 23.5.1 27.4.1 by calling-up and applying the Security or Defect Liability Guarantee provided by the Developer under this Deed, or 23.5.2 as a debt due in a court of competent jurisdiction. 23.6 27.5 For the purpose of clause 23.427.4, the Council’s costs of remedying a breach the subject of a notice given under clause 23.1 27.1 include, but are not limited to: 23.6.1 27.5.1 the costs of the Council’s employees, agents and contractors reasonably incurred for that purpose, 23.6.2 27.5.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 23.6.3 27.5.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 23.7 27.6 Nothing in this clause 23 30 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Deed by the Developer, including but not limited to seeking relief in an appropriate court.