Consequence of Step-In. If Council elects to exercise the step-in rights granted to it under clause 7.3 then: (1) Council may: (a) only enter upon parts of the Land that it requires access to in order to satisfy the obligations of the Developer in accordance with the Defects Notice; and (b) rectify the relevant Defects in accordance with the Defects Notice; and (2) the Developer must not impede or interfere with Council in undertaking that work.
Appears in 2 contracts
Samples: Planning Agreement, Planning Agreement
Consequence of Step-In. If Council elects to exercise the step-in rights granted to it under clause 7.3 7.5 then:
(1a) Council may:
(ai) only enter upon parts any part of the Land that it requires access reasonably required to exercise those step-in order to satisfy rights; and
(ii) rectify the obligations of the Developer relevant defects or omissions in accordance with the Defects Notice; and;
(b) rectify the relevant Defects in accordance with the Defects Notice; and
(2) the Developer must not impede or interfere with Council in undertaking that workexercising those rights; and
(c) Council may claim any costs incurred by it in doing so from the Developer as a liquidated debt.
Appears in 1 contract
Samples: Planning Agreement
Consequence of Step-In. If Council elects to exercise the step-in rights granted to it under clause 7.3 8.3 then:
(1a) Council may:
(ai) only enter upon parts any part of the Land that it requires to access to in order to satisfy the obligations of the Developer in accordance with the Defects Notice; and
(bii) rectify the relevant Defects in accordance with the Defects Notice; and
(2b) the Developer must not impede or interfere with Council in undertaking that work.
Appears in 1 contract
Samples: Voluntary Planning Agreement
Consequence of Step-In. If Council elects to exercise the step-in rights granted to it under clause 7.3 10.3 then:
(1) : Council may:
(a) only : enter upon parts any part of the Affordable Housing Units (and the Land upon which the Affordable Housing Units are situated) that it requires access to in order to satisfy the obligations of the Developer in accordance with the Defects Notice; and
(b) and rectify the relevant Defects in accordance with the Defects Notice; and
(2) and the Developer must not impede or interfere with Council in undertaking that work.work.
Appears in 1 contract
Samples: Voluntary Planning Agreement
Consequence of Step-In. If Council elects to exercise the step-in rights granted to it under clause 7.3 10.5 then:
(1) 10.6.1 Council may:
(a) only enter upon parts any part of the Land that it requires access reasonably required to exercise those step- in order to satisfy the obligations of the Developer in accordance with the Defects Noticerights; and
(b) rectify the relevant Defects in accordance with the Defects Notice; and;
(2) 10.6.2 the Developer must not impede or interfere with Council in undertaking that workexercising those rights; and
10.6.3 Council may claim any costs incurred by it in doing so from the Developer as a liquidated debt.
Appears in 1 contract
Samples: Planning Agreement
Consequence of Step-In. If the Council elects to exercise the step-in rights granted to it under clause 7.3 10.5 then:
(1) 10.6.1 The Council may:
(a) only enter upon parts any part of the Land that it requires access reasonably required to exercise those step- in order to satisfy the obligations of the Developer in accordance with the Defects Noticerights; and
(b) rectify the relevant Defects in accordance with the Defects Notice; and;
(2) 10.6.2 the Developer must not impede or interfere with the Council in undertaking that workexercising those rights; and
10.6.3 the Council may claim any costs incurred by it in doing so from the Developer as a liquidated debt.
Appears in 1 contract
Samples: Planning Agreement
Consequence of Step-In. If Council elects to exercise the step-in rights granted to it under clause 7.3 8.4 then:
(1) : i Council may:
(a) only : a enter upon parts any part of the Parcel or Land that it requires access reasonably required to exercise those step-in order to satisfy the obligations of the Developer in accordance with the Defects Noticerights; and
(b) and b rectify the relevant Defects in accordance with the Defects Notice; and
(2) ii the Developer must not impede or interfere with Council in undertaking that workexercising those rights; and iii Council may claim any costs incurred by it in doing so from the Developer as a liquidated debt.
Appears in 1 contract
Samples: Planning Agreement
Consequence of Step-In. If Council elects to exercise the step-in rights granted to it under clause 7.3 10.3 then:
(1) : Council may:
(a) only : enter upon parts any part of the Affordable Housing Units (and the Land upon which the Affordable Housing Units are situated) that it requires access to in order to satisfy the obligations of the Developer in accordance with the Defects Notice; and
(b) and rectify the relevant Defects in accordance with the Defects Notice; and
(2) and the Developer must not impede or interfere with Council in undertaking undertaking that work.
Appears in 1 contract
Samples: Voluntary Planning Agreement
Consequence of Step-In. If Council elects to exercise the step-in rights granted to it under clause 7.3 4 then:
(1) 10.5.1 Council may:
(a) only enter upon parts any part of the Land that it requires access reasonably required to exercise those step-in order to satisfy the obligations of the Developer in accordance with the Defects Noticerights; and
(b) rectify the relevant Defects in accordance with the Defects Notice; and;
(2) 10.5.2 the Developer must not impede or interfere with Council in undertaking that workexercising those rights; and
10.5.3 Council may claim any costs incurred by it in doing so from the Developer as a liquidated debt.
Appears in 1 contract
Samples: Planning Agreement
Consequence of Step-In. If Council elects to exercise the step-in rights granted to it under clause 7.3 8.4 then:
(1) Council may:
(a) only enter upon parts any part of the Land that it requires access or Designated Land reasonably required to exercise those step-in order to satisfy the obligations of the Developer in accordance with the Defects Noticerights; and
(b) rectify the relevant Defects in accordance with the Defects Notice; and,
(2) the Developer must not impede or interfere with Council in undertaking that workexercising those rights; and
(3) Council may claim any costs incurred by it in doing so from the Developer as a liquidated debt.
Appears in 1 contract
Samples: Voluntary Planning Agreement
Consequence of Step-In. If Council elects to exercise the step-in rights granted to it under clause 7.3 6.3 then:
(1a) Council may:
(ai) only enter upon parts any part of the Land that it requires access to in order to satisfy the obligations of the Developer in accordance with the Defects Notice; and
(bii) rectify the relevant Defects in accordance with the Defects Notice; and
(2b) the Developer must not impede or interfere with Council in undertaking that work.
Appears in 1 contract
Samples: Planning Agreement