Common use of Breach of Obligations Clause in Contracts

Breach of Obligations. 36.1 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: 36.1.1 specifying the nature and extent of the breach, 36.1.2 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, and 36.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 36.2 If the Developer fails to fully comply with a notice referred to in clause 36.1, the Council may, without further notice to the Developer, call-up the Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach. 36.3 If the Developer fails to comply with a notice given under clause 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. 36.4 Any costs incurred by the Council in remedying a breach in accordance with clause 36.2 or clause 36.3 may be recovered by the Council by either or a combination of the following means: 36.4.1 by calling-up and applying the Security provided by the Developer under this Deed, or 36.4.2 as a debt due in a court of competent jurisdiction. 36.5 For the purpose of clause 36.4, the Council’s costs of remedying a breach the subject of a notice given under clause 36.1 include, but are not limited to: 36.5.1 the costs of the Council’s employees, agents and contractors reasonably incurred for that purpose, 36.5.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 36.5.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 36.6 Nothing in this clause 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.

Breach of Obligations. 36.1 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: 36.1.1 : specifying the nature and extent of the breach, 36.1.2 , 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, and 36.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 36.2 . If the Developer fails to fully comply with a notice referred to in clause 36.139.1, the Council may, without further notice to the Developer, call-up the Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach. 36.3 . If the Developer fails to comply with a notice given under clause 36.1 39.1 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. 36.4 . Any costs incurred by the Council in remedying a breach in accordance with clause 36.2 39.2 or clause 36.3 39.3 may be recovered by the Council by either or a combination of the following means: 36.4.1 : by calling-up and applying the Security provided by the Developer under this Deed, or 36.4.2 or as a debt due in a court of competent jurisdiction. 36.5 . For the purpose of clause 36.439.4, the Council’s costs of remedying a breach the subject of a notice given under clause 36.1 39.1 include, but are not limited to: 36.5.1 : the costs of the Council’s employees, agents and contractors reasonably incurred for that purpose, 36.5.2 , all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 36.5.3 and all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 36.6 . Nothing in this clause 36 39 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. 36.1 14.1 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: 36.1.1 14.1.1 specifying the nature and extent of the breach, 36.1.2 14.1.2 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, and 36.1.3 14.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 36.2 14.2 If the Developer fails to fully comply with a notice referred to in clause 36.114.1, the Council may, without further notice to the Developer, call-up the Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach. 36.3 If the Developer fails to comply with a notice given under clause 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. 36.4 14.3 Any costs incurred by the Council in remedying a breach in accordance with clause 36.2 or clause 36.3 14.2 may be recovered by the Council by either or a combination of the following means: 36.4.1 14.3.1 by calling-up and applying the Security provided by the Developer under this Deed, or 36.4.2 14.3.2 as a debt due in a court of competent jurisdiction. 36.5 14.4 For the purpose of clause 36.414.3, the Council’s costs of remedying a breach the subject of a notice given under clause 36.1 14.1 include, but are not limited to: 36.5.1 14.4.1 the costs of the Council’s employees, agents and contractors reasonably incurred for that purpose, 36.5.2 14.4.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 36.5.3 14.4.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 36.6 14.5 Nothing in this clause 36 14 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. 36.1 26.1 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: 36.1.1 26.1.1 specifying the nature and extent of the breach, 36.1.2 26.1.2 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, and 36.1.3 26.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 36.2 26.2 If the Developer fails to fully comply with a notice referred to in clause 36.126.1, the Council may, without further notice to the Developer, call-up the any Security provided by the Developer under this Deed and apply it to remedy the Developer’s 's breach. 36.3 26.3 If the Developer fails to comply with a notice given under clause 36.1 26.1 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. 36.4 26.4 Any costs incurred by the Council in remedying a breach in accordance with clause 36.2 26.2 or clause 36.3 26.3 may be recovered by the Council by either or a combination of the following means: 36.4.1 26.4.1 by calling-up and applying the any Security provided by the Developer under this Deed, or 36.4.2 as a debt due in a court of competent jurisdiction. 36.5 26.5 For the purpose of clause 36.426.4, the Council’s 's costs of remedying a breach the subject of a notice given under clause 36.1 26.1 include, but are not limited to: 36.5.1 26.5.1 the costs of the Council’s employees's servants, agents and contractors reasonably incurred for that purpose, 36.5.2 26.5.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 36.5.3 26.5.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 36.6 26.6 Nothing in this clause 36 26 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. 36.1 ‌ 26.1 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: 36.1.1 26.1.1 specifying the nature and extent of the breach, 36.1.2 26.1.2 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, and 36.1.3 26.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 36.2 26.2 If the Developer fails to fully comply with a notice referred to in clause 36.126.1, the Council may, without further notice to the Developer, call-up the Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach. 36.3 26.3 If the Developer fails to comply with a notice given under clause 36.1 26.1 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. 36.4 26.4 Any costs incurred by the Council in remedying a breach in accordance with clause 36.2 26.2 or clause 36.3 26.3 may be recovered by the Council by either or a combination of the following means: 36.4.1 26.4.1 by calling-up and applying the Security provided by the Developer under this Deed, or 36.4.2 26.4.2 as a debt due in a court of competent jurisdiction. 36.5 26.5 For the purpose of clause 36.426.4, the Council’s costs of remedying a breach the subject of a notice given under clause 36.1 26.1 include, but are not limited to: 36.5.1 26.5.1 the costs of the Council’s employees, agents and contractors reasonably incurred for that purpose, 36.5.2 26.5.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 36.5.3 26.5.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 36.6 26.6 Nothing in this clause 36 26 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. 36.1 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: 36.1.1 27.1.1 specifying the nature and extent of the breach, 36.1.2 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, and 36.1.3 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. 36.2 27.2 If the Developer fails to fully comply with a notice referred to in clause 36.127.1, the Council may, without further notice to the Developer, call-up the Security provided by the Developer under this Deed and apply it to remedy the Developer’s 's breach. 36.3 27.3 If the Developer fails to comply with a notice given under clause 36.1 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. 36.4 27.4 Any costs incurred by the Council in remedying a breach in accordance with clause 36.2 27.2 or clause 36.3 27.3 may be recovered by the Council by either or a combination of the following means: 36.4.1 27.4.1 by calling-up and applying the Security provided by the Developer under this Deed, ; or 36.4.2 as a debt due in a court of competent jurisdiction. 36.5 27.5 For the purpose purposes of clause 36.4Clause 27.4, the Council’s 's costs of remedying a breach the subject of a notice given under clause 36.1 include7.1 including, but are not limited to: 36.5.1 27.5.1 the costs of the Council’s employees's servants, agents and contractors reasonably incurred for that purpose, 36.5.2 27.5.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 36.5.3 27.5.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 36.6 27.6 Nothing in this clause 36 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. 36.1 21.1 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: 36.1.1 21.1.1 specifying the nature and extent of the breach, 36.1.2 21.1.2 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, and 36.1.3 21.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 36.2 21.2 If the Developer fails to fully comply with a notice referred to in clause 36.121.1, the Council may, without further notice to the Developer, call-up the Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach. 36.3 21.3 If the Developer fails to comply with a notice given under clause 36.1 21.1 relating to the carrying out of Work under this Deedthe Stormwater Drainage Work, 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. 36.4 21.4 Any costs incurred by the Council in remedying a breach in accordance with clause 36.2 21.2 or clause 36.3 21.3 may be recovered by the Council by either or a combination of the following means: 36.4.1 21.4.1 by calling-up and applying the Security provided by the Developer under this Deed, or 36.4.2 21.4.2 as a debt due in a court of competent jurisdiction. 36.5 21.5 For the purpose of clause 36.421.4, the Council’s costs of remedying a breach the subject of a notice given under clause 36.1 21.1 include, but are not limited to: 36.5.1 21.5.1 the costs of the Council’s employeesservants, agents and contractors reasonably incurred for that purpose, 36.5.2 21.5.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 36.5.3 21.5.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 36.6 21.6 Nothing in this clause 36 21 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. 36.1 (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: 36.1.1 (i) specifying the nature and extent of the breach,; and 36.1.2 (ii) requiring the Developer to:to rectify the breach; and (aiii) 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, and 36.1.3 specifying the period within which the breach is to be rectified or compensation paidrectified, being a period that is reasonable in the circumstances. 36.2 (b) If the Developer fails to fully comply with a notice referred given under clause 5.12(a), relating to in clause 36.1the carrying out of Road Works under this Deed, the Council may, without further notice to the Developer, call-up the Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach. 36.3 If the Developer fails to comply with a notice given under clause 36.1 relating to the carrying out of Work under this Deed, the Council may or 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. 36.4 (c) Any costs incurred by the Council in remedying a breach in accordance with clause 36.2 or clause 36.3 5.12(b) may be recovered by the Council by either or a combination of the following means: 36.4.1 by calling-up and applying the Security provided by the Developer under this Deed, or 36.4.2 Deed or as a debt due in a court of competent jurisdiction. 36.5 (d) For the purpose of clause 36.45.12(c), the Council’s costs of remedying a breach the subject of a notice given under clause 36.1 5.12(a) include, but are not limited to: 36.5.1 (i) the costs of the Council’s employeesservants, agents and contractors reasonably incurred for that purpose, 36.5.2 (ii) all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 36.5.3 (iii) all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 36.6 (e) Nothing in this clause 36 5.12 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. 36.1 ‌ 34.1 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: 36.1.1 34.1.1 specifying the nature and extent of the breach, 36.1.2 34.1.2 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, and, 36.1.3 34.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 36.2 34.2 If the Developer fails to fully comply with a notice referred to in clause 36.134.1, the Council may, without further notice to the Developer, call-up the Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach. 36.3 34.3 If the Developer fails to comply with a notice given under clause 36.1 34.1 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. 36.4 34.4 Any costs incurred by the Council in remedying a breach in accordance with clause 36.2 34.2 or clause 36.3 34.3 may be recovered by the Council by either or a combination of the following means: 36.4.1 34.4.1 by calling-up and applying the Security provided by the Developer under this Deed, or 36.4.2 34.4.2 as a debt due in a court of competent jurisdiction. 36.5 34.5 For the purpose of clause 36.434.4, the Council’s costs of remedying a breach the subject of a notice given under clause 36.1 34.1 include, but are not limited to: 36.5.1 34.5.1 the costs of the Council’s employees, agents and contractors reasonably incurred for that purpose, 36.5.2 34.5.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 36.5.3 34.5.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 36.6 Nothing in this 34.6 Subject to Council giving a notice under clause 36 prevents 34.1, the Council from exercising may exercise any rights it may have at law or in equity in relation to a breach of this Deed by the Developer that has been notified to the Developer, including but not limited to seeking relief in an appropriate court.

Breach of Obligations. 36.1 26.1 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: 36.1.1 26.1.1 specifying the nature and extent of the breach, 36.1.2 26.1.2 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, and 36.1.3 26.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 36.2 26.2 If the Developer fails to fully comply with a notice referred to in clause 36.126.1, the Council may, without further notice to the Developer, call-up the Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach. 36.3 26.3 If the Developer fails to comply with a notice given under clause 36.1 26.1 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. 36.4 26.4 Any costs incurred by the Council in remedying a breach in accordance with clause 36.2 26.2 or clause 36.3 26.3 may be recovered by the Council by either or a combination of the following means: 36.4.1 26.4.1 by calling-up and applying the Security provided by the Developer under this Deed, or 36.4.2 as a debt due in a court of competent jurisdiction. 36.5 26.5 For the purpose of clause 36.426.4, the Council’s costs of remedying a breach the subject of a notice given under clause 36.1 26.1 include, but are not limited to: 36.5.1 26.5.1 the costs of the Council’s employees, agents and contractors reasonably incurred for that purpose, 36.5.2 26.5.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 36.5.3 26.5.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 36.6 26.6 Nothing in this clause 36 26 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. 36.1 19.1 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: 36.1.1 19.1.1 specifying the nature and extent of the breach, 36.1.2 19.1.2 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, and, 36.1.3 19.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 36.2 19.2 If the Developer fails to fully comply with a notice referred to in clause 36.119.1, the Council may, without further notice to the Developer, call-up the Security provided by the Developer under this Deed and apply it to remedy Rectify the Developer’s breach. 36.3 19.3 If the Developer fails to comply with a notice given under clause 36.1 19.1 relating to the carrying out of Work under this Deed, the Council may step-in and remedy Rectify 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. 36.4 19.4 Any costs incurred by the Council in remedying Rectifying a breach in accordance with clause 36.2 19.2 or clause 36.3 19.3 may be recovered by the Council by either or a combination of the following means: 36.4.1 19.4.1 by calling-up and applying the Security provided by the Developer under this Deed, or 36.4.2 as a debt due in a court of competent jurisdiction. 36.5 19.5 For the purpose of clause 36.419.4, the Council’s costs of remedying Rectifying a breach the subject of a notice given under clause 36.1 19.1 include, but are not limited to: 36.5.1 19.5.1 the costs of the Council’s employeesservants, agents and contractors reasonably incurred for that purpose, 36.5.2 19.5.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 36.5.3 19.5.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 36.6 19.6 Nothing in this clause 36 19 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. 36.1 25.1 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: 36.1.1 25.1.1 specifying the nature and extent of the breach, 36.1.2 25.1.2 requiring the Developer to: (a) rectify Rectify the breach if it reasonably considers it is capable of rectificationRectification, or (b) pay compensation to the reasonable satisfaction of the Council in lieu of rectifying Rectifying the breach if it reasonably considers the breach is not capable of rectification, andRectification, 36.1.3 25.1.3 specifying the period within which the breach is to be rectified beRrectified or compensation paid, being a period that is reasonable in the circumstances. 36.2 If the Developer fails to fully comply with a notice referred to in clause 36.1, the Council may, without further notice to the Developer, call-up the Security provided by the Developer under this Deed and apply it to remedy the Developer’s breach. 36.3 25.2 If the Developer fails to comply with a notice given under clause 36.1 25.1 relating to the carrying out of Work under this Deed, the Council may step-in and remedy Rectify 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. 36.4 25.3 Any costs Costs incurred by the Council in remedying Rectifying a breach in accordance with clause 36.2 or clause 36.3 25.2 may be recovered by the Council by either or a combination of the following means: 36.4.1 by calling-up and applying the Security provided by the Developer under this Deed, or 36.4.2 as a debt due in a court of competent jurisdiction. 36.5 25.4 For the purpose of clause 36.425.3, the Council’s costs Costs of remedying Rectifying a breach the subject of a notice given under clause 36.1 25.1 include, but are not limited to: 36.5.1 25.4.1 the costs Costs of the Council’s employees, agents and contractors reasonably incurred for that purpose, 36.5.2 25.4.2 all fees and charges necessarily or reasonably incurred by the Council in remedying Rectifying the breach, and 36.5.3 25.4.3 all legal costs Costs and expenses reasonably incurred by the Council, by reason of the breach. 36.6 25.5 Nothing in this clause 36 25 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. 36.1 17.1 If the Council reasonably considers that the Developer or the Landowner is in breach of any obligation under this Deed, it may give a written notice to the DeveloperDeveloper or the Landowner as the case requires: 36.1.1 17.1.1 specifying the nature and extent of the breach, 36.1.2 17.1.2 requiring the Developer or the 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, and 36.1.3 17.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 36.2 17.2 If the Developer or the Landowner fails to fully comply with a notice referred given to in them under clause 36.117.1, the Council may, without further notice to the Developernotice, call-up the Security provided by the Developer under this Deed and apply remedy their breach in such reasonable manner as it to remedy the Developer’s breachthinks fit. 36.3 If the Developer fails to comply with a notice given under clause 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. 36.4 17.3 Any costs incurred by the Council in remedying a the breach in accordance with clause 36.2 or clause 36.3 may be recovered by the Council by either or a combination of the following means: 36.4.1 17.3.1 by calling-up and applying realising the Security provided by value of the Developer under this DeedCharge Land pursuant to the Charge, or 36.4.2 17.3.2 as a debt due in a court of competent jurisdiction. 36.5 17.4 For the purpose of clause 36.417.3, the Council’s costs of remedying a breach the subject of a notice given under clause 36.1 17.1 include, but are not limited to: 36.5.1 17.4.1 the costs of the Council’s employeesservants, agents and contractors reasonably incurred for that purpose, 36.5.2 17.4.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 36.5.3 17.4.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 36.6 17.5 Nothing in this clause 36 17 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 or the Landowner, including but not limited to seeking relief in an appropriate court.

Breach of Obligations. 36.1 42.1 If the Council reasonably considers that the Developer or Landowner is in breach of any obligation under this Deed, it may give a written notice to the Developerto the relevant Party: 36.1.1 42.1.1 specifying the nature and extent of the breach, 36.1.2 42.1.2 requiring the Developer that 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, and 36.1.3 42.1.3 specifying the period within which the breach is to be rectified or compensation paid, being a period that is reasonable in the circumstances. 36.2 42.2 If the Developer or Landowner (as the case may be) fails to fully comply with a notice referred to in clause 36.142.1, the Council may, without further notice to the Developerthat Party, call-up the Security provided by the Developer and Landowner under this Deed and apply it to remedy the Developer’s breach. 36.3 42.3 If the Developer or Landowner fails to comply with a notice given under clause 36.1 42.1 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 or Landowner and any Equipment on such land for that purpose. 36.4 42.4 Any costs incurred by the Council in remedying a breach in accordance with clause 36.2 42.2 or clause 36.3 42.3 may be recovered by the Council by either or a combination of the following means: 36.4.1 42.4.1 by calling-up and applying the Security provided by the Developer under this Deed, or 36.4.2 42.4.2 as a debt due in a court of competent jurisdiction. 36.5 42.5 For the purpose of clause 36.442.4, the Council’s costs of remedying a breach the subject of a notice given under clause 36.1 42.1 include, but are not limited to: 36.5.1 42.5.1 the costs of the Council’s employees, agents and contractors reasonably incurred for that purpose, 36.5.2 42.5.2 all fees and charges necessarily or reasonably incurred by the Council in remedying the breach, and 36.5.3 42.5.3 all legal costs and expenses reasonably incurred by the Council, by reason of the breach. 36.6 42.6 Nothing in this clause 36 42 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 or the Landowner, including but not limited to seeking relief in an appropriate court.