Costs of remedying a breach. (a) Any reasonable costs incurred by the Council in remedying a breach in accordance with clause 17.1 may be recovered by the Council by either or a combination of the following means:
(i) by calling-up and applying the Security provided by the Developer under this Agreement, or
(ii) as a debt due in a court of competent jurisdiction, | version to be submitted to Council at meeting on 20 March 2017 - Draft recommended for exhibition 4985-1#2562 (also incs minor change to Map at Sheet 7) this vsn 4985-1#3004 and #3005 for pdf 24 but only if there has been an actual breach by the Developer of the obligations under this Agreement that were the subject of the Breach Notice.
(b) For the purpose of this clause 17.2, the Council’s costs of remedying a breach the subject of a Breach Notice include, but are not limited to:
(i) the costs of the Council’s servants, agents and contractors reasonably incurred for that purpose;
(ii) all fees and charges necessarily or reasonably incurred by the Council in remedying the breach; and
(iii) all legal costs and expenses reasonably incurred by the Council, by reason of the breach.
(c) Nothing in this clause 17 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Agreement by the Developer, including but not limited to seeking relief in an appropriate court.
Costs of remedying a breach. (a) Any reasonable costs incurred by the Council in remedying a breach in accordance with clause 13.1 may be recovered by the Council as a debt due in a court of competent jurisdiction, but only if there has been an actual breach by the Relevant Developer of the obligations under this Agreement that were the subject of the Breach Notice. subject to any court order concerning costs or any agreement reached between the parties after dispute resolution.
(b) For the purpose of this clause 13.2, the Council’s costs of remedying a breach the subject of a Breach Notice include, but are not limited to:
(i) the costs of the Council’s servants, agents and contractors reasonably incurred for that purpose;
(ii) all fees and charges necessarily or reasonably incurred by the Council in remedying the breach; and
(iii) all legal costs and expenses reasonably incurred by the Council, by reason of the breach.
(c) Nothing in this clause 13 (other than clause 13.1(f)) prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Agreement by the Relevant Developer, including but not limited to seeking relief in an appropriate court.
Costs of remedying a breach. (a) Any reasonable costs incurred by the Council in remedying a breach in accordance with clause 16.1 may be recovered by the Council by either or a combination of the following means:
(i) by calling-up and applying the Security provided by the Developer under this Agreement, or
(ii) as a debt due in a court of competent jurisdiction.
(b) For the purpose of this clause 16.2, the Council’s costs of remedying a breach the subject of a Breach Notice include, but are not limited to:
(i) the costs of the Council’s servants, agents and contractors reasonably incurred for that purpose;
(ii) all fees and charges necessarily or reasonably incurred by the Council in remedying the breach; and
(iii) all legal costs and expenses reasonably incurred by the Council, by reason of the breach.
(c) Nothing in this clause 16 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Agreement by the Developer, including but not limited to seeking relief in an appropriate court.
Costs of remedying a breach. (a) Any reasonable costs incurred by the Council in remedying a breach in accordance with clause 16.1 may be recovered by the Council by the calling up of the relevant security provided under this Agreement or as a debt due in a court of competent jurisdiction, but only if there has been an actual breach by the Developer of the obligations under this Agreement that were the subject of the Breach Notice.
(b) For the purpose of this clause 16.2, the Council’s costs of remedying a breach the subject of a Breach Notice include, but are not limited to:
(i) the costs of the Council’s servants, agents and contractors reasonably incurred for that purpose;
(ii) all fees and charges necessarily or reasonably incurred by the Council in remedying the breach; and
(iii) all legal costs and expenses reasonably incurred by the Council, by reason of the breach.
(c) Nothing in this clause 16 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Agreement by the Developer, including but not limited to seeking relief in an appropriate court.
Costs of remedying a breach. (a) Any reasonable costs incurred by the Council in remedying a breach in accordance with clause 9.1 may be recovered by the Council as a debt due in a court of competent jurisdiction.
(b) For the purpose of this clause 9.2, the Council’s costs of remedying a breach the subject of a Breach Notice include, but are not limited to:
(i) the costs of the Council’s external third party contractors reasonably incurred for that purpose;
(ii) all fees and charges reasonably incurred by the Council in remedying the breach; and
(iii) all legal costs and expenses reasonably incurred by the Council, by reason of the breach.
(c) Nothing in this clause 9 prevents the Council from exercising any rights it may have at law or in equity in relation to a breach of this Agreement by the Developer, including but not limited to seeking relief in an appropriate court.
