Common use of COUNCIL'S COVENANTS Clause in Contracts

COUNCIL'S COVENANTS. THE Council HEREBY COVENANTS with the Developer and with the Surety for the benefit of all building plots fronting adjoining or abutting the Road or Roads and for each and every one of them: to use its best endeavours in consultation with the Surety to mitigate any loss or damage sustained by reason of any default by the Developer by taking such reasonable steps as the Council shall think fit to apply all monies received from the Surety as hereinbefore mentioned towards the expenditure involved in executing or completing the works and maintaining and making good all defects for a period of twelve months after completion and the amount so received shall be deducted from any sum which would otherwise be recoverable from the owners of premises fronting the Road or Roads under the provisions of the Highways Act 1980 or any other Act for the time being in force replacing or amending the same in the event of the sum paid by the Surety to the Council exceeding the cost of executing or completing the Works and maintaining and making good all defects as aforesaid together with the amount of the Council’s usual establishment charges to repay to the Surety within twenty-eight days after the Road or Roads become maintainable at the public expense the amount of such excess with interest calculated at half-yearly rests on the unexpected balance for the time being of the sum paid by the Surety to the Council at the rate of interest prevailing from time to time on monies held in a deposit account with the Council’s bankers. THE Council HEREBY FURTHER COVENANTS that the Final Certificate will be issued in accordance with this Agreement and that the Surety will be released from all liability under this Agreement in accordance with this Agreement.

COUNCIL'S COVENANTS. THE Council HEREBY COVENANTS with the Owner and Developer and with the Surety for the benefit of all building plots fronting adjoining or abutting the Road or Roads and for each and every one of them: to use its best endeavours in consultation with the Surety to mitigate any loss or damage sustained by reason of any default by the Developer by taking such reasonable steps as the Council shall think fit them : 22.1 to apply all monies received from the Surety as hereinbefore mentioned towards the expenditure involved in executing or completing the works Works and maintaining the Works and making good all defects for a period of twelve months after completion and the amount so received shall be deducted from any sum which would otherwise be recoverable from the owners of premises fronting the Road or Roads under the provisions of the Highways Act 1980 Private Street Works Code or any other Act act for the time being in force replacing or amending the same same. 22.2 on completion of the Default Work the Council shall provide the Surety with a Schedule identifying the precise nature and extent of the Default Work undertaken and the Default Cost attributable to the Default Work 22.3 in the event of the sum paid by the Surety to the Council exceeding the cost of executing or completing the Works and maintaining the Works and making good all defects as aforesaid together with the amount of the Council’s usual establishment charges to repay to the Surety within twenty-twenty eight days after the Road or Roads become maintainable Highway or Highways Maintainable at the public expense Public Expense the amount of such excess with interest calculated at half-half yearly rests on the unexpected unexpended balance for the time being of the sum paid by the Surety to the Council at the rate of interest prevailing from time to time on monies held in a deposit account with the Council’s bankers. bankers THE Council HEREBY FURTHER COVENANTS that the Final Certificate will be issued in accordance with this Agreement and that the Surety will be released from all liability under this Agreement in accordance with this Agreement.

COUNCIL'S COVENANTS. THE Council HEREBY COVENANTS with the Developer and with the Surety for the benefit of all building plots fronting adjoining or abutting the Road road or Roads roads and for each and every one of them: : (a) to use its best endeavours in consultation with the Surety to mitigate any loss or damage sustained by reason of any default by the Developer by taking such reasonable steps as the Council shall think fit fit (b) to apply all monies received from the Surety Bond Monies as hereinbefore mentioned towards the expenditure involved in executing or completing the works and maintaining and making good all defects for a period of twelve months after completion and the amount so received shall be deducted from any sum which would otherwise be recoverable from the owners of premises fronting the Road road or Roads roads under the provisions of the Highways Act 1980 Xxxxxxxx Xxx 0000 or any other Act for the time being in force replacing or amending the same same (c) in the event of the sum paid by from the Surety Bond Monies to the Council exceeding the cost of executing or completing the Works works and maintaining and making good all defects as aforesaid together with the amount of the Council’s 's usual establishment charges to repay to the Surety Developer within twenty-twenty eight days after the Road road or Roads roads become maintainable at the public expense the amount of such excess with interest calculated at half-yearly rests on the unexpected unexpended balance for the time being of the sum paid by of the Surety Bond Monies to the Council at the rate of interest prevailing from time to time on monies held in a deposit account with the Council’s bankers. 's bankers THE Council HEREBY FURTHER COVENANTS that the Final Certificate will be issued in accordance with this Agreement and that the Surety will be released from all liability under this Agreement in accordance with this Agreement.

COUNCIL'S COVENANTS. THE Council HEREBY COVENANTS with the Developer and with the Surety for the benefit of all building plots fronting adjoining or abutting the Road or Roads and for each and every one of them: to use its best endeavours in consultation with the Surety to mitigate any loss or damage sustained by reason of any default by the Developer by taking such reasonable steps as the Council shall think fit them : 23.1 to apply all monies received from the Surety as hereinbefore mentioned towards the expenditure involved in executing or completing the works Works and maintaining the Works and making good all defects for a period of twelve months after completion and the amount so received shall be deducted from any sum which would otherwise be recoverable from the owners of premises fronting the Road or Roads under the provisions of the Highways Act 1980 Private Street Works Code or any other Act act for the time being in force replacing or amending the same same. 23.2 on completion of the Default Work the Council shall provide the Surety with a Schedule identifying the precise nature and extent of the Default Work undertaken and the Default Cost attributable to the Default Work 23.3 in the event of the sum paid by the Surety to the Council exceeding the cost of executing or completing the Works and maintaining the Works and making good all defects as aforesaid together with the amount of the Council’s usual establishment charges to repay to the Surety within twenty-twenty eight days after the Road or Roads become maintainable Highway or Highways Maintainable at the public expense Public Expense the amount of such excess with interest calculated at half-half yearly rests on the unexpected unexpended balance for the time being of the sum paid by the Surety to the Council at the rate of interest prevailing from time to time on monies held in a deposit account with the Council’s bankers. bankers THE Council HEREBY FURTHER COVENANTS that the Final Certificate will be issued in accordance with this Agreement and that the Surety will be released from all liability under this Agreement in accordance with this Agreement.

COUNCIL'S COVENANTS. THE The Council HEREBY COVENANTS covenants with the Developer and with the Surety for the benefit of all building plots fronting adjoining or abutting the Road or Roads and for each and every one of them: building plot fronting, adjoining, abutting, or having access to the Road: (a) to use its best all reasonable endeavours in consultation with the Surety to mitigate any loss or damage sustained by reason because of any default by the Developer Developer, by taking such reasonable steps as the Council shall think fit thinks fit; (b) to apply use all monies received from the Surety as hereinbefore mentioned pursuant to clause 23 (Surety’s Obligations) towards the expenditure involved in executing carrying out or completing the works Works and maintaining and making good all defects for a period of twelve 12 calendar months after completion and of the Works. The amount so received from the Surety shall be deducted from any sum which that would otherwise be recoverable from the owners of premises fronting the Road or Roads under the provisions of the Highways Act 1980 or any other Act for the time being in force replacing or amending the same in the event of Xxx 0000; (c) if the sum paid by the Surety to the Council exceeding exceeds the cost of executing carrying out or completing the Works and maintaining and making good all defects as aforesaid set out in this agreement (together with the amount of the Council’s 's usual establishment charges charges) to repay to the Surety within twenty-eight days after 28 Working Days following the Road or Roads become maintainable at date of the public expense Final Certificate, the amount of such excess with interest calculated at half-yearly rests any excess; and (d) on the unexpected balance for the time being issue of the sum paid by the Surety to the Council at the rate of interest prevailing from time to time on monies held in a deposit account with the Council’s bankers. THE Council HEREBY FURTHER COVENANTS that the Final Certificate will be issued in accordance with this Agreement and that to release the Surety will be released from all liability under this Agreement in accordance with this Agreementand to give such notices and do whatever else may be required for securing that the Road or any part thereof, as the case may be, shall become a highway maintainable at public expense.