Common use of Caveat Clause in Contracts

Caveat. (a) The Developer acknowledges and agrees that: (i) when this agreement is executed, the Council is deemed to have acquired and the Developer is deemed to have granted, an equitable estate and interest in the Land for the purposes of section 74F(1) of the Real Property Xxx 0000 (NSW) and consequently the Council will have a sufficient interest in the Land in respect of which to lodge a caveat over the Land notifying that interest; (ii) it will not object to the Council lodging a caveat in the relevant folios of the Register for the Land nor will it seek to remove any caveat lodged by the Council provided the caveat does not prevent registration of any dealing or plan other than a transfer. (b) The Council must, at the Developer’s cost, register a withdrawal of any caveat in respect of the Land within five Business Days after the Developer complies with clause 8.2 and must not lodge any other caveats on the titles to any of the Land. (a) This agreement may be reviewed or modified. Any review or modification of this agreement will be conducted in the circumstances and in the manner determined by the parties. (b) No modification or review of this agreement will be of any force or effect unless it is in writing and signed by the parties to this agreement. (c) A party is not in breach of this agreement if it does not agree to an amendment to this agreement requested by a party in, or as a consequence of, a review.

Appears in 2 contracts

Samples: Voluntary Planning Agreement, Voluntary Planning Agreement

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Caveat. (a) The Developer acknowledges and agrees that: (i) when this agreement is executed, the Council is deemed to have acquired and the Developer is deemed to have granted, an equitable estate and interest in the Land for the purposes of section 74F(1) of the Real Property Xxx 0000 Act 1900 (NSW) and consequently the Council will have a sufficient interest in the Land in respect of which to lodge a caveat over the Land notifying that interest; (ii) it will not object to the Council lodging a caveat in the relevant folios of the Register for the Land nor will it seek to remove any caveat lodged by the Council provided the caveat does not prevent registration of any dealing or plan other than a transfer. (b) The Council must, at the Developer’s cost, register a withdrawal of any caveat in respect of the Land within five Business Days after the Developer complies with clause 8.2 and must not lodge any other caveats on the titles to any of the Land. (a) This agreement may be reviewed or modified. Any review or modification of this agreement will be conducted in the circumstances and in the manner determined by the parties. (b) No modification or review of this agreement will be of any force or effect unless it is in writing and signed by the parties to this agreement. (c) A party is not in breach of this agreement if it does not agree to an amendment to this agreement requested by a party in, or as a consequence of, a review.

Appears in 2 contracts

Samples: Voluntary Planning Agreement, Voluntary Planning Agreement

Caveat. (a) The Developer Landowners acknowledges and agrees that: (i) when this agreement is executed, the Council is deemed to have acquired and the Developer is deemed to have granted, an equitable estate and interest in the Land for the purposes of section 74F(1) of the Real Property Xxx 0000 Act 1900 (NSW) and consequently the Council will have a sufficient interest in the Land in respect of which to lodge a caveat over the Land notifying that interest; (ii) it will not object to the Council lodging a caveat in the relevant folios of the Register for the Land nor will it seek to remove any caveat lodged by the Council provided the caveat does not prevent registration of any dealing or plan other than a transfer. (b) The Council must, at the Developer’s cost, register a withdrawal of any caveat in respect of the Land within five Business Days after the Developer complies with clause 8.2 and must not lodge any other caveats on the titles to any of the Land. (a) This agreement may be reviewed or modified. Any review or modification of this agreement will be conducted in the circumstances and in the manner determined by the parties. (b) No modification or review of this agreement will be of any force or effect unless it is in writing and signed by the parties to this agreement. (c) A party is not in breach of this agreement if it does not agree to an amendment to this agreement requested by a party in, or as a consequence of, a review.

Appears in 1 contract

Samples: Biodiversity Planning Agreement

Caveat. (a) The Developer acknowledges and agrees that: (i) when this agreement is executed, the Council is deemed to have acquired and the Developer is deemed to have granted, an equitable estate and interest in the Land for the purposes of section 74F(1) of the Real Property Xxx 0000 (NSW) and consequently the Council will have a sufficient interest in the Land in respect of which to lodge a caveat over the Land notifying that interest; (ii) it will not object to the Council lodging a caveat in the relevant folios of the Register for the Land nor will it seek to remove any caveat lodged by the Council provided the caveat does not prevent registration of any dealing Dealing or plan other than a transfer. (b) The Council must, at the Developer’s cost, register a withdrawal of any caveat in respect of the Land within five Business Days after the Developer complies with clause 8.2 and must not lodge any other caveats on the titles to any of the Land., other than in accordance with clause 8.4(a). 9 Review of this agreement (a) This agreement may be reviewed or modified. Any review or modification of this agreement will be conducted in the circumstances and in the manner determined by the parties. (b) No modification or review of this agreement will be of any force or effect unless it is in writing and signed by the parties to this agreement. (c) A party is not in breach of this agreement if it does not agree to an amendment to this agreement requested by a party in, or as a consequence of, a review.

Appears in 1 contract

Samples: Voluntary Planning Agreement

Caveat. (a) The Developer Developers acknowledges and agrees agree that: (i) when this agreement is executed, the Council is deemed to have acquired and the Developer is Developers are deemed to have granted, an equitable estate and interest in the Land for the purposes of section 74F(1) of the Real Property Xxx 0000 (NSW) and consequently the Council will have a sufficient interest in the Land in respect of which to lodge a caveat over the Land notifying that interest; (ii) it will not object to the Council lodging a caveat in the relevant folios of the Register for the Land nor will it seek to remove any caveat lodged by the Council provided the caveat does not prevent registration of any dealing or plan other than a transfer. (b) The Council must, at the Developer’s Developers’ cost, register a withdrawal of any caveat in respect of the Land within five Business Days after the Developer complies Developers comply with clause 8.2 and must not lodge any other caveats on the titles to any of the Land. (a) This agreement may be reviewed or modified. Any review or modification of this agreement will be conducted in the circumstances and in the manner determined by the parties. (b) No modification or review of this agreement will be of any force or effect unless it is in writing and signed by the parties to this agreement. (c) A party is not in breach of this agreement if it does not agree to an amendment to this agreement requested by a party in, or as a consequence of, a review.

Appears in 1 contract

Samples: Voluntary Planning Agreement

Caveat. (a) The Developer acknowledges and agrees that: (i) when this agreement is executed, the Council is deemed to have acquired and the Developer is deemed to have granted, an equitable estate and interest in the Land for the purposes of section 74F(1) of the Real Property Xxx 0000 (NSW) and consequently the Council will have a sufficient interest in the Land in respect of which to lodge a caveat over the Land notifying that interest; (ii) it will not object to the Council lodging a caveat in the relevant folios of the Register for the Land subject to clause 8.4(a)(ii) nor will it seek to remove any caveat lodged by the Council provided the caveat does not prevent registration of any dealing or plan other than a transfer. (b) The Council must, at the Developer’s cost, register a withdrawal of any caveat in respect of the Land within five Business Days after the Developer complies with clause 8.2 and must not lodge any other caveats on the titles to any of the Land. (a) This agreement may be reviewed or modified. Any review or modification of this agreement will be conducted in the circumstances and in the manner determined by the parties. (b) No modification or review of this agreement will be of any force or effect unless it is in writing and signed by the parties to this agreement. (c) A party is not in breach of this agreement if it does not agree to an amendment to this agreement requested by a party in, or as a consequence of, a review.

Appears in 1 contract

Samples: Voluntary Planning Agreement

Caveat. (a) The Developer acknowledges and agrees that: (i) when this agreement is executed, the Council is deemed to have acquired and the Developer is deemed to have granted, an equitable estate and interest in the Land for the purposes of section 74F(1) of the Real Property Xxx 0000 (NSW) and consequently the Council will have a sufficient interest in the Land in respect of which to lodge a caveat over the Land notifying that interest; (ii) it will not object to the Council lodging a caveat in the relevant folios of the Register for the Land nor will it seek to remove any caveat lodged by the Council provided the caveat does not prevent registration of any dealing or plan other than a transfer. (b) The Council must, at the Developer’s cost, register a withdrawal of any caveat in respect of the Land within five ten Business Days after the Developer complies with clause 8.2 and must not lodge any other caveats on the titles to any of the Land. (a) This agreement may be reviewed or modified. Any review or modification of this agreement will be conducted in the circumstances and in the manner determined by the parties. (b) No modification or review of this agreement will be of any force or effect unless it is in writing and signed by the parties to this agreement. (c) A party is not in breach of this agreement if it does not agree to an amendment to this agreement requested by a party in, or as a consequence of, a review.

Appears in 1 contract

Samples: Voluntary Planning Agreement

Caveat. (a) The Developer acknowledges and agrees that: (i) when this agreement is executed, the Council is deemed to have acquired and the Developer is deemed to have granted, an equitable estate and interest in the Land for the purposes of section 74F(1) of the Real Property Xxx 0000 (NSW) and consequently the Council will have a sufficient interest in the Land in respect of which to lodge a caveat over the Land notifying that interest; (ii) it will not object to the Council lodging a caveat in the relevant folios of the Register for the Land nor will it seek to remove any caveat lodged by the Council provided the caveat does not prevent registration of any dealing or plan other than a transfer. (b) The Council must, at the Developer’s cost, register a withdrawal of any caveat in respect of the Land within five ten Business Days after the Developer complies with clause 8.2 and must not lodge any other caveats on the titles to any of the Land. (a) This agreement may be reviewed or modified. Any review or modification of this agreement will be conducted in the circumstances and in the manner determined by the parties. (b) No modification or review of this agreement will be of any force or effect unless it is in writing and signed by the parties to this agreement. (c) A party is not in breach of this agreement if it does not agree to an amendment to this agreement requested by a party in, or as a consequence of, a review.

Appears in 1 contract

Samples: Voluntary Planning Agreement

Caveat. (a) The Developer acknowledges Developers acknowledge and agrees agree that: (i) when this agreement is executed, the Council is deemed to have acquired and the Developer is Developers are deemed to have granted, an equitable estate and interest in the Land for the purposes of section 74F(1) of the Real Property Xxx 0000 (NSW) and consequently the Council will have a right to charge the land on account of the Monetary Contributions and will therefore have sufficient interest in the Land in respect of which to lodge a caveat over the Land notifying that interest;; and (ii) it they will not object to the Council lodging a caveat in the relevant folios of the Register for the Land nor will it they seek to remove any caveat lodged by the Council provided the caveat does not prevent registration of any dealing or plan other than a transferCouncil. (b) The Council must, at the Developer’s Developers’ cost, register a withdrawal of any caveat in respect of the Land within five 10 Business Days after the Developer complies Developers comply with clause 8.2 and must not lodge any other caveats on the titles to any of the Land. (a) This agreement may be reviewed or modified. Any review or modification of this agreement will be conducted in the circumstances and in the manner determined by the parties. (b) No modification or review of this agreement will be of any force or effect unless it is in writing and signed by the parties to this agreement. (c) A party is not in breach of this agreement if it does not agree to an amendment to this agreement requested by a party in, or as a consequence of, a review.

Appears in 1 contract

Samples: Voluntary Planning Agreement

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Caveat. (a) The Developer acknowledges and agrees that: (i) when this agreement is executed, the Council is deemed to have acquired and the Developer is deemed to have granted, an equitable estate and interest in the Land for the purposes of section 74F(1) of the Real Property Xxx 0000 (NSW) and consequently the Council will have a sufficient interest in the Land in respect of which to lodge a caveat over the Land notifying that interest; (ii) it will not object to the Council lodging a caveat in the relevant folios of the Register for the Land nor will it seek to remove any caveat lodged by the Council provided the caveat does not prevent registration of any dealing or plan other than a transfer. (b) The Council must, at the Developer’s cost, register a withdrawal of any caveat in respect of the Land within five Business Days after the Developer complies with clause 8.2 and must not lodge any other caveats on the titles to any of the Land., other than in accordance with clause 8.4(a). 9 Review of this agreement (a) This agreement may be reviewed or modified. Any review or modification of this agreement will be conducted in the circumstances and in the manner determined by the parties. (b) No modification or review of this agreement will be of any force or effect unless it is in writing and signed by the parties to this agreement. (c) A party is not in breach of this agreement if it does not agree to an amendment to this agreement requested by a party in, or as a consequence of, a review.

Appears in 1 contract

Samples: Voluntary Planning Agreement

Caveat. (a) The Developer acknowledges and agrees that: (i) when When this agreement is executed, the Council is deemed to have acquired and the Developer is deemed to have granted, an equitable estate and interest in the Land for the purposes of section 74F(1) of the Real Property Xxx 0000 (NSW) and consequently the Council will have a sufficient interest in the Land in respect of which to lodge a caveat over the Land notifying that interest; (ii) it It will not object to the Council lodging a caveat in on the relevant folios of the Register for the Land nor will it seek to remove any caveat lodged by the Council provided the caveat does not prevent registration of any dealing or plan other than a transfer. (b) The Council must, at the Developer’s 's cost, register a withdrawal of any caveat in respect of the Land within five 5 Business Days after the Developer complies with clause 8.2 9.2 and must not lodge any other caveats on the titles to any of the Land.. 10 Review of this agreement (a) This agreement may be reviewed or modified. Any review or modification of this agreement will be conducted in the circumstances and in the manner determined by the parties. (b) No modification or review of this agreement will be of any force or effect unless it is in writing and signed by the parties to this agreement. (c) A party is not in breach of this agreement if it does not agree to an amendment to this agreement requested by a party in, or as a consequence of, a review.

Appears in 1 contract

Samples: Voluntary Planning Agreement

Caveat. (a) The Developer Landowner acknowledges and agrees that: (i) when this agreement is executed, the Council is deemed to have acquired and the Developer Landowner is deemed to have granted, an equitable estate and interest in the Land for the purposes of section 74F(1) of the Real Property Xxx 0000 (NSW) and consequently the Council will have a sufficient interest in the Land in respect of which to lodge a caveat over the Land notifying that interest;; and (ii) it will not object to the Council lodging a caveat in the relevant folios of the Register for the Land nor will it seek to remove any caveat lodged by the Council provided the caveat does not prevent registration of any dealing or plan other than a transfer. (b) The Council must, at the DeveloperLandowner’s cost, register a withdrawal of any caveat in respect of the Land within five Business Days after the Developer Landowner complies with clause 8.2 and must not lodge any other caveats on any of the titles to any of the Land. (a) This agreement may be reviewed or modified. Any review or modification of this agreement will be conducted in the circumstances and in the manner determined by the parties. (b) No modification or review of this agreement will be of any force or effect unless it is in writing and signed by the parties to this agreement. (c) A party is not in breach of this agreement if it does not agree to an amendment to this agreement requested by a party in, or as a consequence of, a review.

Appears in 1 contract

Samples: Voluntary Planning Agreement

Caveat. (a) The Developer Landowner acknowledges and agrees that: (i) when this agreement is executed, the Council is deemed to have acquired and the Developer Landowner is deemed to have granted, an equitable estate and interest in the Land for the purposes of section 74F(1) of the Real Property Xxx 0000 (NSW) and consequently the Council will have a sufficient interest in the Land in respect of which to lodge a caveat over the Land notifying that interest; (ii) it will not object to the Council lodging a caveat in the relevant folios of the Register for the Land nor will it seek to remove any caveat lodged by the Council provided the caveat does not prevent registration of any dealing or plan other than a transfer. (b) The Council must, at the Developer’s and Landowner’s cost, register a withdrawal of any caveat in respect of the Land within five Business Days after the Developer complies and Landowner comply with clause 8.2 and must not lodge any other caveats on the titles to any of the Land. (a) This agreement may be reviewed or modified. Any review or modification of this agreement will be conducted in the circumstances and in the manner determined by the parties. (b) No modification or review of this agreement will be of any force or effect unless it is in writing and signed by the parties to this agreement. (c) A party is not in breach of this agreement if it does not agree to an amendment to this agreement requested by a party in, or as a consequence of, a review.

Appears in 1 contract

Samples: Voluntary Planning Agreement

Caveat. (a) The Developer acknowledges and agrees that: (i) when this agreement is executed, the Council is deemed to have acquired and the Developer is deemed to have granted, an equitable estate and interest in the Land for the purposes of section 74F(1) of the Real Property Xxx 0000 (NSW) and consequently the Council will have a sufficient interest in the Land in respect of which to lodge a caveat over the Land notifying that interest; (ii) it will not object to the Council lodging a caveat in the relevant folios of the Register for the Land nor will it seek to remove any caveat lodged by the Council provided the caveat does not prevent registration of any dealing or plan other than a transfer. (b) The Council must, at the Developer’s cost, register a withdrawal of any caveat in respect of the Land within five Business Days after the Developer complies with clause 8.2 and must not lodge any other caveats on the titles to any of the Land, other than in accordance with clause 8.4(a). (a) This agreement may be reviewed or modified. Any review or modification of this agreement will be conducted in the circumstances and in the manner determined by the parties. (b) No modification or review of this agreement will be of any force or effect unless it is in writing and signed by the parties to this agreement. (c) A party is not in breach of this agreement if it does not agree to an amendment to this agreement requested by a party in, or as a consequence of, a review.

Appears in 1 contract

Samples: Voluntary Planning Agreement

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