Common use of Calling on Bank Guarantee Clause in Contracts

Calling on Bank Guarantee. (a) The Council may call on the Bank Guarantee in the event that the Developer: (i) fails to make a payment of any part of the Development Contribution in accordance with the Schedule or any other amount payable under this Agreement by its due date for payment; or (ii) breaches any other term or condition of this Agreement, and fails to remedy the relevant failure or breach within 7 days after the Council’s notice. (b) If the Council calls on the Bank Guarantee as a result of the Developer’s failure to pay any amount due under this Agreement, then the Council will apply the amount received pursuant to its claim on the Bank Guarantee towards the Developer’s obligation to pay the relevant amount and will deduct that amount from the amount payable. In those circumstances, the Developer will be required to pay to the Council the outstanding balance of the Development Contribution and other amounts payable under this Agreement.

Appears in 10 contracts

Samples: Planning Agreement, Planning Agreement, Planning Agreement

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Calling on Bank Guarantee. (a) The Council may call on the Bank Guarantee in the event that the Developer: (i) fails to make a payment of any part of the Development Contribution in accordance with the Schedule this Agreement or any other amount payable under this Agreement by its due date for payment; or (ii) breaches any other term or condition of this Agreement, and fails to remedy the relevant failure or breach within 7 days after the Council’s notice. (b) If the Council calls on the Bank Guarantee as a result of the Developer’s failure to pay any amount due under this Agreement, then the Council will apply the amount received pursuant to its claim on the Bank Guarantee towards the Developer’s obligation to pay the relevant amount and will deduct that amount from the total amount payablepayable under this Agreement. In those circumstances, the Developer will be required to pay to the Council the any outstanding balance of the Development Contribution and other amounts payable under this Agreement.

Appears in 8 contracts

Samples: Planning Agreement, Planning Agreement, Planning Agreement

Calling on Bank Guarantee. (a) The Council may call on the Bank Guarantee in the event that the DeveloperDevelopers: (i) fails fail to make a payment of any part of the Development Contribution in accordance with the Schedule or any other amount payable under this Agreement by its due date for payment; or (ii) breaches breach any other term or condition of this Agreement, and fails fail to remedy the relevant failure or breach within 7 days after the Council’s notice. (b) If the Council calls on the Bank Guarantee as a result of the Developer’s Developers’ failure to pay any amount due under this Agreement, then the Council will apply the amount received pursuant to its claim on the Bank Guarantee towards the Developer’s Developers’ obligation to pay the relevant amount and will deduct that amount from the amount payable. In those circumstances, the Developer Developers will be required to pay to the Council the outstanding balance of the Development Contribution and other amounts payable under this Agreement.

Appears in 3 contracts

Samples: Planning Agreement, Planning Agreement, Planning Agreement

Calling on Bank Guarantee. (a) The Council may call on the Bank Guarantee in the event that the Developer: (i) Developer fails to make a payment of any part of the Development Contribution in accordance with the Schedule or any other amount payable under this Agreement by its due date for payment; or (ii) breaches any other term or condition of this Agreement, payment and fails to remedy the relevant failure or breach within 7 days after the Council’s notice. (b) If the Council calls on the Bank Guarantee as a result of the Developer’s failure to pay any amount due under this Agreement, then the Council will apply the amount received pursuant to its claim on the Bank Guarantee towards the Developer’s obligation to pay the relevant amount and will deduct that amount from the amount payable. In those circumstances, the Developer will be required to pay to the Council the outstanding balance of the Development Contribution and other amounts payable under this Agreement.

Appears in 2 contracts

Samples: Planning Agreement, Planning Agreement

Calling on Bank Guarantee. (a) The Council may call on the Bank Guarantee in the event that the Developer: (i) fails to make a payment of any part of the Development Contribution Monetary Contributions in accordance with the Schedule or any other amount payable under this Agreement Deed by its due date for payment; or (ii) breaches any other term or condition of this AgreementDeed, and fails to remedy the relevant failure or breach within 7 days after the Council’s notice. (b) If the Council calls on the Bank Guarantee as a result of the Developer’s failure to pay any amount due under this AgreementDeed, then the Council will apply the amount received pursuant to its claim on the Bank Guarantee towards in satisfaction of the Developer’s obligation to pay the relevant amount and will deduct that amount from the amount payable. In those circumstances, the Developer will be required to pay to the Council the outstanding balance of the Development Contribution and other amounts payable under this Agreementamount.

Appears in 2 contracts

Samples: Planning Agreement, Planning Agreement

Calling on Bank Guarantee. (a) The Council may call on the Bank Guarantee in the event that the Developer: (i) fails to make a payment of any part of the Development Contribution Monetary Contributions in accordance with the Schedule this Agreement or any other amount payable under this Agreement by its due date for paymentpayment ; or (ii) breaches any other term or condition of this Agreement, and fails to remedy the relevant failure or breach within 7 days after the Council’s notice. (b) If the Council calls on the Bank Guarantee as a result of the Developer’s failure to pay any amount due under this Agreement, then the Council will apply the amount received pursuant to its claim on the Bank Guarantee towards in satisfaction of the Developer’s obligation to pay the relevant amount and will deduct that amount from the amount payable. In those circumstances, the Developer will be required to pay to the Council the outstanding balance of the Development Contribution and other amounts payable under this Agreementamount.

Appears in 2 contracts

Samples: Planning Agreement, Planning Agreement

Calling on Bank Guarantee. (a) The Council may call on the Bank Guarantee in the event that the Developer: (i) fails to make a payment of any part of the Development Contribution in accordance with the Schedule or any other amount payable under this Agreement by its due date for paymentAgreement; or (ii) breaches any other term or condition of this Agreement, Agreement and fails to remedy the relevant failure or breach within 7 days after the Council’s notice. (b) If the Council calls on the Bank Guarantee as a result of the Developer’s failure to pay any amount due under this Agreement, then the Council will apply the amount received pursuant to its claim on the Bank Guarantee towards the costs of meeting the Developer’s obligation to pay the relevant amount herein and will deduct that amount from the amount payable. In those circumstances, the Developer will be required to pay to the Council the outstanding balance of the Development Contribution and other amounts payable under this Agreement.

Appears in 2 contracts

Samples: Planning Agreement, Planning Agreement

Calling on Bank Guarantee. (a) The Council may call on the Bank Guarantee in the event that the Developer: (i) fails to make a payment of any part of the Development Contribution Monetary Contributions in accordance with the Schedule 2 or any other amount payable under this Agreement Deed by its due date for payment; or (ii) breaches any other term or condition of this AgreementDeed, and fails to remedy the relevant failure or breach within 7 days after the Council’s notice. (b) If the Council calls on the Bank Guarantee as a result of the Developer’s failure to pay any amount due under this AgreementDeed, then the Council will apply the amount received pursuant to its claim on the Bank Guarantee towards in satisfaction of the Developer’s obligation to pay the relevant amount and will deduct that amount from the amount payable. In those circumstances, the Developer will be required to pay to the Council the outstanding balance of the Development Contribution and other amounts payable under this Agreementamount.

Appears in 1 contract

Samples: Planning Agreement

Calling on Bank Guarantee. (a) The Council may call on the Bank Guarantee in the event that the Developer: (i) Developer fails to make a payment of any part of the Development Contribution in accordance with the Schedule or any other amount payable under this Agreement by its due date for payment; or (ii) breaches any other term or condition of this Agreement, and fails to remedy the relevant failure or breach within 7 days after the Council’s notice. (b) If the Council calls on the Bank Guarantee as a result of the Developer’s failure to pay any amount due under this Agreement, then the Council will apply the amount received pursuant to its claim on the Bank Guarantee towards the Developer’s obligation to pay the relevant amount and will deduct that amount from the amount payable. In those circumstances, the Developer will be required to pay to the Council the outstanding balance of the Development Contribution and other amounts payable under this Agreement.

Appears in 1 contract

Samples: Planning Agreement

Calling on Bank Guarantee. (a) The Council may call on the Bank Guarantee in the event that the Developer: (i) fails to make a payment of any part of the Development Contribution Contributions in accordance with the Schedule this Agreement or any other amount payable under this Agreement by its due date for paymentpayment ; or (ii) breaches any other term or condition of this Agreement, and fails to remedy the relevant failure or breach within 7 days after the Council’s notice. (b) If the Council calls on the Bank Guarantee as a result of the Developer’s failure to pay any amount due under this Agreement, then the Council will apply the amount received pursuant to its claim on the Bank Guarantee towards in satisfaction of the Developer’s obligation to pay the relevant amount and will deduct that amount from the amount payable. In those circumstances, the Developer will be required to pay to the Council the outstanding balance of the Development Contribution and other amounts payable under this Agreementamount.

Appears in 1 contract

Samples: Planning Agreement

Calling on Bank Guarantee. (a) The Council may call on the Bank Guarantee in the event that the Developer: (i) fails to make a payment of any part of the Development Contribution in accordance with the Schedule or any other amount payable under this Agreement by its due date for payment; or (ii) breaches any other term or condition of this Agreement, and fails to remedy the relevant failure or breach within 7 days after the Council’s notice. (b) If the Council calls on the Bank Guarantee as a result of the Developer’s failure to pay any amount due under this Agreement, then the Council will apply the amount received pursuant to its claim on the Bank Guarantee towards the Developer’s obligation to pay the relevant amount and will deduct that amount from the amount payable. In those circumstances, the Developer will be required to pay to the Council the outstanding balance of the Development Contribution and other amounts payable under this Agreement.

Appears in 1 contract

Samples: Planning Agreement

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Calling on Bank Guarantee. (a) The Council may call on the Bank Guarantee in the event that the Developer: (i) fails to make a payment of any part of the Development Contribution in accordance with the Schedule or any other amount payable under this Agreement by its due date for payment; or (ii) breaches any other term or condition of this Agreement, and fails to remedy the relevant failure or breach within 7 days after the Council’s notice. (b) If the Council calls on the Bank Guarantee as a result of the Developer’s failure to pay any amount due under this Agreement, then the Council will apply the amount received pursuant to its claim on the Bank Guarantee towards in satisfaction of the Developer’s obligation to pay the relevant amount and will deduct that amount from the amount payable. In those circumstances, the Developer will be required to pay to the Council the outstanding balance of the Development Contribution and other amounts payable under this Agreementamount.

Appears in 1 contract

Samples: Planning Agreement

Calling on Bank Guarantee. (a) The Council may call on the Bank Guarantee in the event that the Developer: (i) fails to make a payment of any part of the Development Contribution in accordance with the Schedule this Agreement or any other amount payable under this Agreement by its due date for payment; or (ii) breaches any other term or condition of this Agreement, and fails to remedy the relevant failure or breach within 7 days after the Council’s notice. (b) If the Council calls on the Bank Guarantee as a result of the Developer’s failure to pay any amount due under this Agreement, then the Council will apply the amount received pursuant to its claim on the Bank Guarantee towards in satisfaction of the Developer’s obligation to pay the relevant amount and will deduct that amount from the amount payable. In those circumstances, the Developer will be required to pay to the Council the outstanding balance of the Development Contribution and other amounts payable under this Agreementamount.

Appears in 1 contract

Samples: Planning Agreement

Calling on Bank Guarantee. (a) The Council may call on the Bank Guarantee in the event that the Developer: (i) fails to make a payment of any part of the Development Contribution in accordance with by the Schedule Development Contribution Date or any other amount payable under this Agreement by its due date for payment; or (ii) breaches any other term or condition of this Agreement, and fails to remedy the relevant failure or breach within 7 days after the Council’s notice. (b) If the Council calls on the Bank Guarantee as a result of the Developer’s failure to pay any amount due under this Agreement, then the Council will apply the amount received pursuant to its claim on the Bank Guarantee towards the Developer’s obligation to pay the relevant amount and will deduct that amount from the amount payable. In those circumstances, the Developer will be required to pay to the Council the outstanding balance of the Development Contribution and other amounts payable under this Agreement.

Appears in 1 contract

Samples: Planning Agreement

Calling on Bank Guarantee. (a) The Council may call on the Bank Guarantee in the event that the DeveloperDeveloper and/or Landowner: (i) fails fail to make a payment of any part of the Development Contribution in accordance with the Schedule this Agreement or any other amount payable under this Agreement by its due date for payment; or (ii) breaches breach any other term or condition of this Agreement, and fails fail to remedy the relevant failure or breach within 7 days after the Council’s notice. (b) If the Council calls on the Bank Guarantee as a result of the DeveloperDeveloper and Landowner’s failure to pay any amount due under this Agreement, then the Council will apply the amount received pursuant to its claim on the Bank Guarantee towards the DeveloperDeveloper and Landowner’s obligation to pay the relevant amount and will deduct that amount from the total amount payablepayable under this Agreement. In those circumstances, the Developer and Landowner will be required to pay to the Council the any outstanding balance of the Development Contribution and other amounts payable under this Agreement.

Appears in 1 contract

Samples: Planning Agreement

Calling on Bank Guarantee. (a) The Council may call on the Bank Guarantee in the event that the Developer: (i) fails to make a payment of any part of the Development Contribution in accordance with the Schedule this Agreement or any other amount payable under this Agreement by its due date for payment; or (ii) breaches any other term or condition of this Agreement, and fails to remedy the relevant failure or breach within 7 14 days after the Council’s notice. (b) If the Council calls on the Bank Guarantee as a result of the Developer’s failure to pay any amount due under this Agreement, then the Council will apply the amount received pursuant to its claim on the Bank Guarantee towards the Developer’s obligation to pay the relevant amount and will deduct that amount from the total amount payablepayable under this Agreement. In those circumstances, the Developer will be required to pay to the Council the any outstanding balance of the Development Contribution and other amounts payable under this Agreement.

Appears in 1 contract

Samples: Planning Agreement

Calling on Bank Guarantee. (a) The Notwithstanding any other provision herein, the Council may call on the Bank Guarantee in the event that the Developer: (i) fails to make a payment of any part of the Development Contribution in accordance with the Schedule or any other amount payable under this Agreement by its due date for paymentAgreement; or (ii) breaches any other term or condition of this Agreement, Agreement and fails to remedy the relevant failure or breach within 7 days after the Council’s notice. (b) If the Council calls on the Bank Guarantee as a result of the Developer’s failure to pay any amount due comply with its obligations herein at no cost to Council under this Agreement, then the Council will apply the amount received pursuant to its claim on the Bank Guarantee towards the Developer’s obligation obligations herein including to pay the any relevant amount and will deduct that amount from the amount payable. In those circumstances, the Developer will be required to pay to the Council the any outstanding balance in respect of the Development Contribution Contributions and other amounts payable under this Agreement.

Appears in 1 contract

Samples: Planning Agreement

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