Common use of CONSTRUCTION OF THIS DEED Clause in Contracts

CONSTRUCTION OF THIS DEED. 2.1 Where in this Deed reference is made to any clause, paragraph, schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph, schedule or recital in this Deed. 2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeably in that manner. 2.4 Wherever more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and severally unless there is an express provision otherwise. 2.5 Any reference to an Act of Parliament or Directive of the European Union shall include any modification, extension or re-enactment of that Act or Directive for the time being in force and shall include all instruments, orders, plans, regulations, permissions and directions for the time being made, issued or given under that Act or Directive or deriving validity from it. 2.6 Any references to any party to this Deed shall include the successors in title to that party and to any person deriving title through or under that party and in the case of the [District/Borough] Council and County Council the successors to their respective statutory functions. 2.7 The headings are for reference only and shall not affect construction. 2.8 Any covenant by the [Owner(s)/Developer] not to do an act or thing shall be deemed to include an obligation not to permit or suffer such act or thing to be done by another person.

Appears in 3 contracts

Samples: Section 106 Agreement, Section 106 Agreement, Section 106 Agreement

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CONSTRUCTION OF THIS DEED. 2.1 2.1. Where in this Deed reference is made to any clause, paragraph, paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph, paragraph or schedule or recital in this DeedDeed (unless the context otherwise requires). 2.2 2.2. Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 2.3 2.3. Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeably interchangeable in that manner. 2.4 Wherever 2.4. Where two or more than one person named as people form a party and where more than one party undertakes an obligation all their to this Deed, the obligations can they undertake may be enforced against them all jointly, or against each of them jointly and severally individually unless there is an express provision otherwise. 2.5 2.5. Any reference to an Act of Parliament or Directive of the European Union shall include any modification, extension or re-enactment of that Act or Directive for the time being in force and shall include all instruments, orders, plans, regulations, permissions and directions for the time being made, issued or given under that Act or Directive or deriving validity from it. 2.6 Any references 2.6. References to any party to this Deed shall include the successors in title to that party and to any person deriving title through or under that party and in the case of the [District/Borough] Council and County Council the successors to their respective statutory functions. 2.7 2.7. The headings and contents list are for reference only and shall not affect construction. 2.8 2.8. Any covenant by the [Owner(s)/Developer] Owner or the Council not to do an any act or thing shall be deemed to include an obligation includes a covenant not to permit or suffer such allow the doing of that act or thing thing. 2.9. Insofar as any clause or clauses of this Deed are found (for whatever reason) to be done by another personinvalid illegal or unenforceable then such invalidity illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed.

Appears in 2 contracts

Samples: Planning Obligation by Deed of Agreement, Planning Obligation by Deed of Agreement

CONSTRUCTION OF THIS DEED. 2.1 Where in this Deed reference is made to any clause, paragraph, paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph, paragraph or schedule or recital in this Deed. 2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeably interchangeable in that manner. 2.4 Wherever there is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and severally unless there is an express provision otherwise. 2.5 Any reference to an Act of Parliament or Directive of the European Union shall include any modification, extension or re-re- enactment of that Act or Directive for the time being in force and shall include all instruments, orders, plans, plans regulations, permissions and directions for the time being made, issued or given under that Act or Directive or deriving validity from it. 2.6 Any references References to any party to this Deed shall include the successors in title to that party and to any person deriving title through or under that party and in the case of the [District/Borough] Council and the County Council the successors to their its respective statutory functions. 2.7 The headings and contents list are for reference only and shall not affect construction. 2.8 Any covenant by A reference to writing or written does not include faxes or e-mail. 2.9 A reference to "this Deed" or to any other agreement or document referred to in this Deed is a reference to this Deed or such other document or Deed as varied or novated (in each case, other than in breach of the [Owner(s)/Developer] provisions of this Deed) from time to time. 2.10 An obligation in this Deed on a person not to do an act or thing shall be deemed to include something includes an obligation not to permit agree or suffer such act or allow that thing to be done done. 2.11 Any phrase introduced by another personthe terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

Appears in 2 contracts

Samples: Unilateral Undertaking, Unilateral Undertaking

CONSTRUCTION OF THIS DEED. 2.1 Where in this Deed reference is made to any clause, paragraph, paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph, paragraph or schedule or recital in this Deed. 2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeably interchangeable in that manner. 2.4 Wherever there is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and severally against each individually subject to Clauses 5.14 and 5.15 below or unless there is an express provision otherwise. 2.5 Any reference to an Act of Parliament or Directive of the European Union shall include any modification, extension or re-enactment of that Act or Directive for the time being in force and shall include all instruments, orders, plans, plans regulations, permissions and directions for the time being made, issued or given under that Act or Directive or deriving validity from it. 2.6 Any Save for Clause 2.8 below references to any party to this Deed shall include the successors in title to that party and to any person deriving title through or under that party and in the case of the [District/Borough] Council and or the County Council the successors to their respective its statutory functions. 2.7 The headings are for reference only and For the purpose of such parts of this Deed as may be subject to the rule against perpetuities the perpetuity period applicable to this Deed shall not affect constructionbe eighty years from the date hereof. 2.8 Any covenant by The liability of the [Owner(s)/Developer] First Owner (meaning the trust) shall not to do an act or thing be joint and several but shall be deemed limited to include an obligation not to permit or suffer such act or thing to the extent of the assets held under the trust PROVIDED ALWAYS that should the First Owner (meaning the trust) implement the Planning Permission and Commence the Development upon the Site they shall be done by another personheld jointly and severally liable for any breaches of this Agreement.

Appears in 1 contract

Samples: Deed of Agreement

CONSTRUCTION OF THIS DEED. 2.1 Where in In this Deed reference is made to any clause, paragraph, schedule or recital such reference (unless Agreement where the context otherwise requires) is a reference to a clause, paragraph, schedule or recital in this Deed.allows: 2.1 Words importing the masculine gender include the feminine and neuter genders and vice versa 2.2 Words importing in the singular meaning where the context so admits include the plural meaning and vice versa and words importing individuals shall be treated as importing corporations and vice versa. 2.3 Words Any headings or side notes are for ease of reference only and shall not affect the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeably in that manner.construction of this Agreement 2.4 Wherever more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and severally unless there is an express provision otherwise. 2.5 Any reference to an Act of Parliament or Directive of the European Union shall include any modification, extension or re-enactment of that Act or Directive for the time being in force and shall include all instruments, orders, plans, regulations, permissions and directions for the time being made, issued or given under that Act or Directive or deriving validity from it. 2.6 Any references References to any party to in this Deed Agreement shall include (unless the context otherwise requires) successors in title to of that party and to any person deriving title through or under that party and in the case of the [District/Borough] Council and County Council the successors to their respective statutory functions. 2.5 Where a party comprises more than one party any obligations of that party shall be joint and several under this Agreement 2.6 Any references to Parts Clauses Schedules paragraphs sub-paragraphs appendices and plans are (unless otherwise stated) references to the Parts Clauses Schedules paragraphs subparagraphs appendices and plans of this Agreement 2.7 The headings are for Any reference only to this Agreement shall include any schedules appendices and shall not affect construction./ or plans (if any) appended to or otherwise annexed to this Agreement 2.8 Any covenant by A reference in this Agreement to an Act of Parliament or to any Order Regulation Statutory Instrument or the [Owner(s)/Developer] not like shall include a reference to do an act any amendment or thing re-enactment of the same 2.9 A term or expression defined in a Schedule shall be deemed bear the meaning ascribed to include an obligation not to permit or suffer such act or thing to be done by another person.it in that Schedule if used elsewhere in the Agreement

Appears in 1 contract

Samples: Section 106 Agreement

CONSTRUCTION OF THIS DEED. 2.1 Where in this Deed reference is made to any clause, paragraph, paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph, paragraph or schedule or recital in this Deed. 2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeably in that manner. 2.4 Wherever there is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and severally against each individually unless there is an express provision otherwise. 2.5 Any reference to an Act of Parliament or Directive of the European Union shall include any modification, extension or re-enactment of that Act or Directive for the time being in force and shall include all instruments, orders, plans, plans regulations, permissions and directions for or the time being made, issued or given under that Act or Directive or deriving validity from it. 2.6 Any references References to any party to this Deed shall include the successors in title to that party and to any person deriving title through or under that party and in the case of the [District/Borough] Council and County Council the successors to their respective statutory functions. 2.7 The headings are for reference only and shall not affect construction. 2.8 Any covenant by the [Owner(s)/Developer] Where in this Deed any party covenants not to do an act or thing such covenant shall be deemed to include an obligation not to permit or suffer such an act or thing to be done by another person.

Appears in 1 contract

Samples: Deed

CONSTRUCTION OF THIS DEED. 2.1 Where in this Deed reference is made to any clause, paragraph, schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph, schedule or recital in this Deed. 2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeably in that manner. 2.4 Wherever more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and severally unless there is an express provision otherwise. 2.5 Any reference to an Act of Parliament or Directive of the European Union shall include any modification, extension or re-enactment of that Act or Directive for the time being in force and shall include all instruments, orders, plans, regulations, permissions and directions for the time being made, issued or given under that Act or Directive or deriving validity from it. 2.6 Any references References to any party to this Deed shall include the successors in title to that party and to any person deriving title through or under that party and in the case of the [District/Borough] District Council and the County Council the successors to their respective statutory functions. 2.7 The headings 2.2 In the absence of any contrary provision any reference to a statute shall include any statutory extension modification or re-enactment for the time being in force and shall include all statutory instruments directions orders regulations plans permissions or byelaws for the time being made issued or given under the statute or deriving validity from it. 2.3 Words importing the masculine gender shall include the feminine and neuter gender and vice versa. 2.4 Words importing persons include companies corporations and firms and vice versa. 2.5 Unless the context otherwise requires words importing the singular shall include the plural and vice versa. 2.6 Headings are for ease of reference only and shall not affect constructionbe construed as part of this Deed. 2.7 Reference to any recital clause schedule or paragraph (or any part of them) shall (unless the context otherwise requires) be reference to a recital clause schedule or paragraph (or any part of them) in this Deed. 2.8 Wherever there is more than one person named as a party or where more than one party undertakes an obligation all their obligations shall be enforceable against all of them jointly and/or against each individually unless there is an express provision otherwise. 2.9 Any covenant by the [Owner(s)/Developer] a party to this Deed not to do an act or thing shall be deemed to include an obligation not to permit or knowingly suffer such act or thing to be done by another any other person.

Appears in 1 contract

Samples: Planning Obligation by Deed of Agreement

CONSTRUCTION OF THIS DEED. 2.1 Where in this Deed reference is made to any clause, paragraph, clause paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph, clause paragraph or schedule or recital in this Deed. 2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, companies corporations and firms and all such words shall be construed interchangeably interchangeable in that manner. 2.4 Wherever there is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and severally against each individually unless there is an express provision otherwise. 2.5 Any reference to an Act of Parliament or Directive of the European Union shall include any modification, modification extension or re-enactment of that Act or Directive for the time being in force and shall include all instruments, orders, plans, regulations, instruments orders plans regulations permissions and directions for the time being made, made issued or given under that Act or Directive or deriving validity from it. 2.6 Any references References to any party to this Deed shall include the successors in title to that party and to any person deriving title through or under that party and in the case of the [District/Borough] Council and County Council the successors to their respective its statutory functions. 2.7 The headings are for reference only and shall not affect construction. 2.8 Any covenant by the [Owner(s)/Developer] not to do an act or thing shall be deemed to include includes an obligation not to allow permit or suffer such that act or thing to be done by another person and any covenant to do any act or thing includes an obligation to procure the doing of that act or thing by any other person.

Appears in 1 contract

Samples: Planning Obligation Deed of Agreement

CONSTRUCTION OF THIS DEED. 2.1 Where in this Deed reference is made to any clause, paragraph, paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph, paragraph or schedule or recital in this Deed. 2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeably in that manner. 2.4 Wherever there is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and severally against each individually unless there is an express provision otherwise. 2.5 Any reference to an Act of Parliament or Directive of the European Union shall include any modification, extension or re-enactment of that Act or Directive for the time being in force and shall include all instruments, orders, plans, plans regulations, permissions and directions for the time being made, issued or given under that Act or Directive or deriving validity from it. 2.6 Any references References to any party to this Deed shall include the successors in title to that party and to any person deriving title through or under that party and in the case of the [District/Borough] Council and County Council the successors to their respective statutory functions. 2.7 The headings are for reference only and shall not affect construction. 2.8 Any covenant by the [Owner(s)/Developer] Where in this Deed any party covenants not to do an act or thing such covenant shall be deemed to include an obligation not to permit or suffer such an act or thing to be done by another person.

Appears in 1 contract

Samples: Deed

CONSTRUCTION OF THIS DEED. 2.1 Where in this Deed reference is made to any clause, paragraph, schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph, schedule or recital in this Deed. 2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeably in that manner. 2.4 Wherever more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and severally unless there is an express provision otherwise. 2.5 Any reference to an Act of Parliament or Directive of the European Union shall include any modification, extension or re-enactment of that Act or Directive for the time being in force and shall include all instruments, orders, plans, regulations, permissions and directions for the time being made, issued or given under that Act or Directive or deriving validity from it. 2.6 Any references to any party to this Deed shall include the successors in title to that party and to any person deriving title through or under that party and in the case of the [District/Borough] Council and County Council the successors to their respective statutory functions. 2.7 The headings are for reference only and shall not affect construction. 2.8 2.1. Any covenant by the [Owner(s)/Developer] Parties not to do an any act or thing shall be deemed to include an obligation a covenant not to permit or suffer such act or thing to be done by another personperson where knowledge of the actions of the other person is reasonably to be inferred. 2.2. Any reference to any particular statute includes any statutory extension, modification, amendment or re-enactment of such statute and also includes any subordinate instruments, regulations or orders made in pursuance of it. 2.3. Where under this Deed any notice, approval, consent, certificate, direction, authority, agreement, action, expression of satisfaction is required to be given or reached or taken by any party or any response is requested any such n otice, approval, consent, certificate, direction, authority, agreement, action, expression of satisfaction or response shall not be unreasonable or unreasonably withheld or delayed (save where the contrary intention is indicated). 2.4. The headings appearing in this Deed are for ease of reference only and shall not affect the construction of this Deed. 2.5. Where reference is made to a Clause, Part, Plan, Paragraph, Recital or Schedule such reference (unless the context requires otherwise) is a reference to a clause, part, paragraph, recital or schedule of (or in the case of plan attached to) this Deed. 2.6. In this Deed the singular includes the plural and vice versa and the masculine includes the feminine and vice versa. 2.7. Nothing in this Deed shall prohibit or limit the right to develop any part of the Land in accordance with a planning permission (other than the Planning Permission) granted (whether or not on appeal) after the date of this Deed. 2.8. Wherever there is more than one person named as a party and where more than o ne party undertakes a covenant all their covenants can be enforced against all of them jointly and against each individually unless there is an express provision otherwise. 2.9. Subject to the provisions of this Deed, references in this Deed to any party to this agreement shall include the successors in title to that party and to any deriving title through or under that party and references to the Council and WBC shall include reference to their successors in function.

Appears in 1 contract

Samples: Deed of Agreement

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CONSTRUCTION OF THIS DEED. 2.1 Where in this Deed reference is made to any clause, paragraph, paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph, paragraph or schedule or recital in this Deed. 2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations corporations, and firms and all such words shall be construed interchangeably interchangeable in that manner. 2.4 Wherever there is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and severally against each individually unless there is an express provision otherwise. 2.5 Any reference to an Act of Parliament or Directive of the European Union shall include any modification, extension extension, or re-re- enactment of that Act or Directive for the time being in force and shall include all instruments, orders, plans, plans regulations, permissions and directions for the time being made, issued or given under that Act or Directive or deriving validity from it. 2.6 Any references References to any party to this Deed shall include the successors in title to that party and to any person deriving title through or under that party and in the case of the [District/Borough] Council and County Council the successors to their respective its statutory functions. 2.7 The headings are for reference only and shall not affect construction. 2.8 Any covenant obligation, covenant, undertaking or agreement by the [Owner(s)/Developer] any party to this Deed not to do an any act or thing shall be deemed to include includes an obligation obligation, covenant, undertaking or agreement not to permit permit, procure or suffer such allow the doing of that act or thing to be done by another personthing.

Appears in 1 contract

Samples: Planning Obligation by Deed of Agreement

CONSTRUCTION OF THIS DEED. 2.1 Where in this Deed reference is made to any clause, paragraph, paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph, paragraph or schedule or recital in this DeedDeed (unless the context otherwise requires). 2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeably interchangeable in that manner. 2.4 Wherever Where two or more than one person named as people form a party and where more than one party undertakes an obligation all their to this Deed, the obligations can they undertake may be enforced against them all jointly, or against each of them jointly and severally individually unless there is an express provision otherwise. 2.5 Any reference to an Act of Parliament or Directive of the European Union shall include any modification, extension or re-enactment of that Act or Directive for the time being in force and shall include all instruments, orders, plans, regulations, permissions and directions for the time being made, issued or given under that Act or Directive or deriving validity from it. 2.6 Any references References to any party to this Deed shall include the successors in title to that party and to any person deriving title through or under that party and in the case of the [District/Borough] Council and County Council the successors to their respective statutory functions. 2.7 The headings and contents list are for reference only and shall not affect construction. 2.8 Any covenant by the [Owner(s)/Developer] First Developer and / or Second Developer or the Council not to do an any act or thing shall be deemed to include an obligation includes a covenant not to permit or suffer such allow the doing of that act or thing thing. 2.9 Insofar as any clause or clauses of this Deed are found (for whatever reason) to be done by another personinvalid illegal or unenforceable then such invalidity illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed. 2.10 Nothing in this Deed shall prohibit or limit the right to develop any part of the Site in accordance with a planning permission (other than the Planning Permission) granted (whether or not on appeal) after the date of this Deed.

Appears in 1 contract

Samples: Section 106 Agreement

CONSTRUCTION OF THIS DEED. 2.1 Where in this Deed reference is made to any clause, paragraph, clause paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph, clause paragraph or schedule or recital in this Deed. 2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, companies corporations and firms and all such words shall be construed interchangeably as interchangeable in that manner. 2.4 Wherever (Subject only to Clause 10), wherever there is more than one person named as a party Party and where more than one party Party undertakes an obligation all their obligations can be enforced against all of them jointly and severally against each individual unless there is an express provision otherwise. 2.5 Any reference Words denoting an obligation on a Party to do any act, matter or thing include an Act of Parliament obligation to procure that it be done and words placing a Party under a restriction include an obligation not to cause permit or Directive suffer any infringement of the European Union restriction. 2.6 References in this Deed to statutes, bye-laws, regulations, orders and delegated legislation shall include any modificationstatute, extension or rebye-enactment of that Act or Directive for the time being in force and shall include all instrumentslaw, ordersregulation, order, delegated legislation, plans, regulations, permissions and directions for directions, amending, re-enacting or made pursuant to the same as current and in force from time being made, issued or given under that Act or Directive or deriving validity from itto time. 2.6 Any references 2.7 If any provision of this Deed shall be held to be invalid illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be deemed thereby to be affected impaired or called into question. 2.8 In the event of any conflict between the terms conditions and provisions of this Deed and any document attached hereto or referred to herein the terms conditions and provisions of this Deed shall prevail. 2.9 Reference to any party Party to this Deed shall include the successors in title to that party Party and to any person deriving title through or under that party Party and in the case of the [District/Borough] Council and County Council City Corporation the successors successor to their its respective statutory functions. 2.7 2.10 Xxx Xxxxxxxxxxxxxx Xxx 0000 shall apply to this Deed. 2.11 The headings in this Deed are for reference convenience only and shall not affect construction. 2.8 Any covenant by the [Owner(s)/Developer] not to do an act or thing shall be deemed to be part of or taken into consideration in the interpretation of this Deed. 2.12 Any reference to the Owner in this Deed shall, subject to clause 16, include an obligation not a reference to permit or suffer such act or thing to be done by another personthe Chargee.

Appears in 1 contract

Samples: Deed of Agreement Under Section 106 of the Town and Country Planning Act 1990

CONSTRUCTION OF THIS DEED. 2.1 Where in this Deed reference is made to any clauseClause, paragraph, schedule Paragraph or recital Schedule or Introduction such reference (unless the context otherwise requires) is a reference to a clauseClause, paragraph, schedule Paragraph or recital Schedule or Introduction in this Deed. 2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeably interchangeable in that manner. 2.4 Wherever there is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and severally against each individually unless there is an express provision otherwise. 2.5 Any reference to an Act of Parliament or Directive of the European Union shall include any modification, extension or re-enactment of that Act or Directive for the time being in force and shall include all instruments, orders, plans, plans regulations, permissions and directions for the time being made, issued or given under that Act or Directive or deriving validity from it. 2.6 Any references References to any party 'Party' or 'Parties' to this Deed shall include is a reference to the parties who are signatories to this Agreement or the successors in title to that party and to any person body or persons deriving title from, through or under that party or from, through or under its successor in title and in the case of the [District/Borough] Council and County Council the successors to their respective its statutory functions. 2.7 The headings and contents list are for reference only and shall not affect construction. 2.8 Any covenant by the [Owner(s)/Developer] not to do an act or thing shall be deemed to include an obligation not to permit or suffer such act or thing to be done by another person.

Appears in 1 contract

Samples: Unilateral Undertaking

CONSTRUCTION OF THIS DEED. 2.1 Where in this Deed reference is made to any clause, paragraph, paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph, paragraph or schedule or recital in this Deed. 2.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 2.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeably in that manner. 2.4 Wherever there is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and severally unless there is an express provision otherwise. 2.5 Any reference to an Act of Parliament or Directive of the European Union shall include any modification, extension or re-enactment of that Act act or Directive for the time being in force and shall include all instruments, orders, plans, regulations, permissions and directions for the time being made, issued or given under that Act act or Directive or deriving validity from it. 2.6 Any references to t� any party to this Deed shall include the successors in title to that party to the Site and to any person deriving title to the Site through or under that party and in the case of the [District/Borough] District Council and the County Council the any successors to their respective its statutory functions. 2.7 The headings and contents list are for reference only and shall not affect construction. 2.8 Any covenant by the [Owner(s)/Developer] not References to do an act a "Plan" or thing ''Drawing'' in this Deed shall be deemed reference to include an obligation not the plans attached to permit this Deed bearing the relevant plan number or suffer such act any amended plans as shall be agreed in writing between the Owner the District Council and the County Council. 2.9 None of the covenants contained in this Deed on the part of the Owner shall be enforceable against:- (a those persons who purchase (including purchasers by way of long lease) any Dwelling for occupation by themselves or thing to be done by another person.their lessees tenants or individuals of the Dwellings; or

Appears in 1 contract

Samples: Deed Pursuant to Section 106 of the Town and Country Planning Act 1990

CONSTRUCTION OF THIS DEED. 2.1 3.1 Where in this Deed reference is made to any clause, paragraph, paragraph or schedule or recital such reference (unless the context otherwise requires) is a reference to a clause, paragraph, paragraph or schedule or recital in this Deed. 2.2 3.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 2.3 3.3 Words of the masculine gender include the feminine and neuter genders and words denoting actual persons include companies, corporations and firms and all such words shall be construed interchangeably interchangeable in that manner. 2.4 3.4 Wherever there is more than one person named as a party and where more than one party undertakes an obligation all their obligations can be enforced against all of them jointly and severally unless there is an express provision otherwise. 2.5 3.5 Any reference to an Act of Parliament or Directive of the European Union shall include any modification, extension or re-re- enactment of that Act or Directive for the time being in force and shall include all instruments, orders, plans, plans regulations, permissions and directions for the time being made, issued or given under that Act or Directive or deriving validity from it. 2.6 Any references 3.6 References to any party to this Deed shall include the successors in title to that party and to any person deriving title through or under that party and in the case of the [District/Borough] Council and County Council Council, the successors to their respective statutory functions. 2.7 3.7 The headings and contents list are for reference only and shall not affect construction. 2.8 Any covenant by the [Owner(s)/Developer] not to do an act or thing shall be deemed to include an obligation not to permit or suffer such act or thing to be done by another person.

Appears in 1 contract

Samples: Planning Obligation Agreement

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