Common use of Call-up of Security Clause in Contracts

Call-up of Security. 9.1 The Council may call-up the Security if, in its absolute discretion it considers that the Developer has breached this Agreement. 9.2 If the Council calls on the Security, it may use the amount so paid to it in satisfaction of any costs incurred by it in remedying the Developer’s breach including but not limited to: 9.2.1 the reasonable costs of the Council’s servants, agents and contractors reasonably incurred for that purpose, 9.2.2 all fees and charges necessarily or reasonably incurred by the Council in order to have the Work carried out, completed or rectified, and 9.2.3 all legal costs and expenses reasonably incurred by the Council, by reason of the Developer's breach.

Appears in 3 contracts

Samples: Planning Agreement, Flynns Beach Parking Planning Agreement, William Street Parking Planning Agreement

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Call-up of Security. 9.1 34.1 The Council may call-up the Security if, in its absolute discretion acting reasonably, it considers that the Developer has breached this Agreement. 9.2 34.2 If the Council calls on the Security, it may use the amount so paid to it in satisfaction of any costs incurred by it in remedying the Developer’s breach including but not limited to: 9.2.1 34.2.1 the reasonable costs of the Council’s servants, agents and contractors reasonably incurred for that purpose, 9.2.2 34.2.2 all fees and charges necessarily or reasonably incurred by the Council in order to have the Work carried out, completed or rectified, and 9.2.3 34.2.3 all reasonable legal costs and expenses reasonably incurred by the Council, by reason of the Developer's breach.

Appears in 1 contract

Samples: Planning Agreement

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