Costs of Council. Where Council exercises its step-in rights under clause 7.6, it may: (a) call upon the Bank Guarantees provided by the Developer pursuant to clause 12 to meet any costs for which the Developer is liable under clause 7.6; and (b) recover as a debt due in a court of competent jurisdiction any difference between the amount of the Bank Guarantees and the costs incurred by Council in rectifying the Defects.
Appears in 2 contracts
Samples: Planning Agreement, Planning Agreement
Costs of Council. Where the Council exercises its step-in rights under clause 7.610.6, it may:
(a) 10.7.1 call upon the Bank Guarantees provided by the Developer pursuant to clause 12 17 to meet any costs for which the Developer is liable under clause 7.610.6; and
(b) 10.7.2 recover as a debt due in a court of competent jurisdiction any difference between the amount of the Bank Guarantees and the costs incurred by the Council in rectifying the Defects.
Appears in 1 contract
Samples: Planning Agreement
Costs of Council. Where Council exercises its step-in rights under clause 7.610.5, it may:
(a) 10.6.1 call upon the Bank Guarantees provided by the Developer pursuant to clause 12 14 to meet any costs for which the Developer is liable under clause 7.610.5; and
(b) 10.6.2 recover as a debt due in a court of competent jurisdiction any difference between the amount of the Bank Guarantees and the costs incurred by Council in rectifying the Defects.
Appears in 1 contract
Samples: Planning Agreement
Costs of Council. Where Council exercises its step-in rights under clause 7.68.5, it may:
(a1) call upon the Bank Guarantees provided by the Developer pursuant to clause 12 11 to meet any costs for which the Developer is liable under clause 7.68.5(3); and
(b2) recover as a debt due in a court of competent jurisdiction any difference between the amount of the Bank Guarantees and the costs incurred by Council in rectifying the Defects.
Appears in 1 contract
Samples: Voluntary Planning Agreement
Costs of Council. Where Council exercises its step-in rights under clause 7.610.6, it may:
(a) 10.7.1 call upon the Bank Guarantees provided by the Developer pursuant to clause 12 17 to meet any costs for which the Developer is liable under clause 7.610.6; and
(b) 10.7.2 recover as a debt due in a court of competent jurisdiction any difference between the amount of the Bank Guarantees and the costs incurred by Council in rectifying the Defects.
Appears in 1 contract
Samples: Planning Agreement