Costs of Council. Where Council exercises its step-in rights, the Developer must pay to Council all reasonable costs incurred by Council in rectifying the relevant Defects may call upon the Defects Security provided by the Developer pursuant to clause 10 and recover as a debt due in a court of competent jurisdiction any difference between the amount of the Defects Security 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, the Developer must pay to Council all reasonable costs incurred by Council in rectifying the relevant Defects may may:
(a) call upon the Defects Security provided by the Developer pursuant to clause 10 and 9.2 for any costs incurred by Council with respect to completing the relevant Defects in accordance with the Defects Notice; and
(b) if the Defects Security does not cover all of Council’s costs of rectifying the Defects in accordance with the Defects Notice, Council may recover those additional costs as a debt due in a court of competent jurisdiction any difference between the amount of the Defects Security and the costs incurred by the Council in rectifying the Defects:jurisdiction.
Appears in 1 contract
Samples: Planning Agreement
Costs of Council. Where Council exercises its step-in rights, the Developer must pay to Council rights all reasonable costs incurred by Council in rectifying the relevant Defects may call upon the Defects Security provided be claimed by Council as a liquidated debt owed by the Developer. The Developer pursuant is entitled to clause 10 and recover as a debt due in a court of competent jurisdiction any difference between the amount of the Defects Security and dispute the costs incurred by the Council in rectifying the Defects:which case clause 11 of this Agreement will apply.
Appears in 1 contract
Samples: Voluntary Planning Agreement
Costs of Council. Where Council exercises its step-in rights, the Developer must pay to Council all reasonable costs incurred by Council in rectifying the relevant Defects may call upon the Defects Security provided by the Developer pursuant to clause 10 and recover as a debt due in a court of competent jurisdiction any difference between the amount of the Defects Security and the costs incurred by the Council in rectifying the Defects:.
Appears in 1 contract
Samples: Planning Agreement