Call up. (a) The Council may call up the Security if it considers that the Developer has breached this Agreement. This applies in addition to any rights of enforcement and dispute resolution in clauses 6 and 7. (b) If the Council calls up the Security, it may use the amount so paid in satisfaction of any costs incurred by it in remedying the Developer's breach being: (i) the reasonable costs of the Council's servants, agents and contractors; (ii) all fees and charges necessary or reasonably incurred in order to have the Work carried out, completed or rectified; (iii) all legal costs and expenses reasonably incurred. (c) If the Council calls up the Security it may, by notice in writing, require the Developer to provide as further Security, an amount that, when added to any unused portion of the existing Security, does not exceed the amount of the Security initially provided under this Agreement.
Appears in 2 contracts
Samples: Planning Agreement, Planning Agreement
Call up. (a) The Council may call up the Security if it considers that the Developer has breached this Agreement. This applies in addition to any rights of enforcement and dispute resolution in clauses 6 8 and 79.
(b) If the Council calls up the Security, it may use the amount so paid in satisfaction of any costs incurred by it in remedying the Developer's breach being:
(i) the reasonable costs of the Council's servants, agents and contractors;
(ii) all fees and charges necessary or reasonably incurred in order to have the Work carried out, completed or rectified;
(iii) all legal costs and expenses reasonably incurred.
(c) If the Council calls up the Security it may, by notice in writing, require the Developer to provide as further Security, an amount that, when added to any unused portion of the existing Security, does not exceed the amount of the Security initially provided under this Agreement.
Appears in 2 contracts
Samples: Planning Agreement, Planning Agreement
Call up. β
(a) The Council may call up the Security if it considers that the Developer has breached this Agreement. This applies in addition to any rights of enforcement and dispute resolution in clauses 6 7 and 78.
(b) If the Council calls up the Security, it may use the amount so paid in satisfaction of any costs incurred by it in remedying the Developer's breach being:
(i) the reasonable costs of the Council's servants, agents and contractors;
(ii) all fees and charges necessary or reasonably incurred in order to have the Work carried out, completed or rectified;
(iii) all legal costs and expenses reasonably incurred.
(c) If the Council calls up the Security it may, by notice in writing, require the Developer to provide as further Security, an amount that, when added to any unused portion of the existing Security, does not exceed the amount of the Security initially provided under this Agreement.
Appears in 1 contract
Samples: Planning Agreement