Dealings with Land. (a) Subject to clause 10.1(b), the Developer must not have any Dealings with the Land unless the Developer first informs the proposed assignee, purchaser or other party (the "Incoming Party") of this Agreement and provides the Incoming Party with a copy of this Agreement and transfers the obligations of this Agreement to that party.
(b) If the Incoming Party is acquiring:
(i) an interest in the Land as a purchaser of one or more lots in a strata scheme, (whether or not the plan has, at the date of exchange, been registered at Land and Property Information NSW), or
(ii) is acquiring a lease on or more parts of the building upon the Land that does not form part of the Development; then the Developer may create that interest without providing that party with a copy of this Agreement or requiring that party to enter into a Agreement with the Council and the interest so created will not be in breach of this Agreement.
Dealings with Land. 16.1 Each party agrees that it shall not by any act or default render the PES's Assets or the assets of NGC on NGC's Land (as appropriate) liable to any distress, execution or other legal process, and in the event that such assets shall become so liable, shall forthwith give notice of any such proceedings to the other Party and shall forthwith notify any third party instituting any such process of the ownership of such assets.
16.2 If NGC desires to mortgage or charge any of its land or its interest therein on which any of the PES's Assets are located or if either party desires to mortgage or charge any of its own assets or to enter into any arrangement which, if made, might affect the rights of the other Party expressly granted herein, then that Party shall ensure that the other Party's assets are not and will not be subject to the rights granted therein and are not and will not be affected by the mortgage, legal charge or other agreement or arrangement, and shall give written notification thereof to the other Party.
16.3 In the event that NGC shall wish to grant rights over or dispose of any interest in or change the use of any land to which this Agreement applies NGC shall notify the PES of such wish and fully consult with the PES in respect thereof and shall not grant such rights or make such disposal or change of use subject to and where appropriate with the benefit of this Agreement and where the disposal involves the Common Assets and/or Services shall procure that the party to whom the interests are disposed of shall complete a deed of covenant with the PES in such form as the PES shall reasonably require to enable the PES to continue to have the use of such Common Assets or Services to the same extent as prior to such disposal.
Dealings with Land. 26
10.1 Subject to clause 10.1(b) the Developer must not have any Dealing unless: 26
10.2 If the Incoming Party is acquiring an interest in the Land or part of the Land as a purchaser of one or more lots in a community scheme, (whether or not the community plan has, at the date of exchange, been registered at Land and Property Information NSW, then the Developer may create that interest without requiring that party to enter into an agreement with the Council and the interest so created will not be in breach of this Agreement 26
Dealings with Land.
10.1 Subject to clause 10.1(b) the Developer must not have any Dealing unless:
(a) the Developer first informs the proposed assignee, transferee, purchaser or other party of this Agreement and provides the proposed assignee, transferee, purchaser or other party with a copy of this Agreement; and
(b) where the Dealing involves selling, transferring or assigning of the Land or part of the Land only, the Developer transfers the obligations of this Agreement to the assignee, transferee or purchaser. For the avoidance of doubt, the Developer is not required to transfer the obligations of this Agreement to any mortgagee or charge.
10.2 If the Incoming Party is acquiring an interest in the Land or part of the Land as a purchaser of one or more lots in a community scheme, (whether or not the community plan has, at the date of exchange, been registered at Land and Property Information NSW, then the Developer may create that interest without requiring that party to enter into an agreement with the Council and the interest so created will not be in breach of this Agreement.
Dealings with Land. The Parties hereby agree and declare that the Grantee's Assets are intended to benefit the undertaking, land and business of the Grantee and that so far as is possible such Assets are hereby and shall hereafter remain severed from the Grantor's Land and shall be and hereafter remain chattels of the Grantee. Each Party agrees that it shall not by any act or default render the other party's Assets liable to any distress, execution or other legal process, and in the event that such Assets shall become so liable, shall forthwith give notice of any such proceedings to the other Party and shall forthwith notify any third party instituting any such process of the ownership of such Assets. If a Party desires to mortgage or charge any of its land or its interest therein on which any of the other Party's Assets are located or to mortgage or charge any of its own Assets or to enter into any arrangement which, if made, might affect the rights of the other Party expressly granted herein, then that Party shall ensure that the other Party's Assets are not and will not be subject to the rights granted therein and are not and will not be affected by the mortgage, legal charge or other agreement or arrangement, and shall give written notification thereof to the other Party. In the event that the Grantor shall wish to grant rights over or dispose of any interest in or change the use of any Land the Grantor shall notify the Grantee of such wish in accordance with the procedures set out in sub-clause 5.1 and fully consult the Grantee in respect thereof and shall not grant such rights or make such disposal or change of use save on terms satisfactory to the Grantee requiring any recipient or assignee of any such Land to be bound, so far as relevant by the terms of this Agreement and otherwise ensuing that the Grantee's rights pursuant to this Agreement are not in any way prejudiced thereby.
Dealings with Land. The Landowner must not have any Dealings with the Land unless the Landowner first informs the proposed assignee, purchaser or other party (the Incoming Party) of this Agreement and provides the Incoming Party with a copy of this Agreement and transfers the obligations of this Agreement to that party.
Dealings with Land. Until completion of the Project, termination of this Agreement or as otherwise specified in this Agreement or the Joint Venture Agreement, the Landowner must not sell or otherwise deal with the Land except in accordance with the Joint Venture Agreement.
Dealings with Land. (a) Subject to clause 10.1(b), the Owner must not have any Dealings with the Land unless the Owner first informs the proposed assignee, purchaser or other party (the "Incoming Party") of this Agreement and provides the Incoming Party with a copy of this Agreement and transfers the obligations of this Agreement to that party so far as it relates to a Dealing being an assignment or transfer of the Land.
(b) If the Incoming Party is acquiring:
(i) an interest in the Land as a purchaser of one or more lots in a strata scheme, (whether or not the plan has, at the date of exchange, been registered at Land and Property Information NSW), or
(ii) is acquiring a lease on or more parts of the building upon the Land that does not form part of the Development; then the Owner may create that interest without complying with this clause..
Dealings with Land. (a) The Developer may not sell, transfer, assign, dispose of or mortgage the whole or any part of the Land (Dealing) or its interests in the Land unless, before a Developer enters into the Dealing with another person (Transferee):
(i) the Developer satisfies the Planning Minister (acting reasonably) that the proposed Transferee is financially capable of complying with those of the Developer's obligations under this deed which the Planning Minister (acting reasonably) specifies, by notice in writing to the Developer, must be adopted by the Transferee (Required Obligations);
(ii) the Transferee signs a deed in favour of the Planning Minister under which the Transferee agrees to comply with the Required Obligations as if it were the Developer (including the provision of appropriate security in accordance with Schedule 5 of this deed and other obligations which arose before the Dealing) and to indemnify the Planning Minister in respect of any breach of this deed by the Developer;
(iii) any default by the Developer has been remedied by the Developer, unless that default has been waived expressly by the Planning Minister; and
(iv) the Developer and the Transferee pay the Planning Minister's reasonable costs in relation to that Dealing.
(b) If the Developer enters into a Dealing and fully satisfies the requirements of clause 10.2(a) with respect to that Dealing, the Developer will be released from its obligations under this deed with respect to the land the subject of that Dealing.
Dealings with Land. (a) The Council must not assign or deal with any right under this Agreement other than to or with another planning authority, without first obtaining the written consent of the Developer. The Developer agrees to not unreasonably withhold consent.
(b) The Developer may, while continuing to be bound to perform this Agreement:
(i) sell, lease grant easements, transfer, assign, subdivide mortgage, charge encumber or otherwise deal with the Land or any part of it;
(ii) sub-contract or delegate the performance of any right, obligation, benefit or interest under the VPA to any person;
(iii) give security, in any form including a mortgage, lien, charge, pledge or trust in respect of any right, benefit or interest under the VPA to any person;
(iv) enter into any lease or licence arrangements in relation to the Land or register any type of interest or right on the title of the Land including any easement; and
(v) enter into any joint venture or similar type of arrangement in respect of the Development and/or the Land;
(c) The Developer must not novate this Agreement to a third party as part of any transfer, sale or disposal of any part of the Land, unless before it does so, the Developer:
(i) satisfies the Council, acting reasonably, that the third party is financially capable of complying with the relevant obligations under this Agreement in respect to the Land being transferred or disposed of; and
(ii) the third party agrees to enter into a deed with the Council containing provisions under which the third party agrees to comply with the relevant obligations under the Agreement as if it were the University with respect to that part of the Land being sold, transferred or disposed of;
(d) If the Developer sells, transfers or disposes of any part of the Land and satisfies the requirements referred to above, the Developer will be released from its obligations under this Agreement with respect to the Land being sold, transferred or disposed of; and
(e) Any purported dealing in breach of the requirements referred to above will be of no effect.
