DETERMINATION OF DEED Clause Samples
The "Determination of Deed" clause defines the circumstances and procedures under which a deed may be brought to an end or terminated. Typically, this clause outlines specific events, such as breach of obligations, mutual agreement, or the fulfillment of all terms, that would trigger the conclusion of the deed. By clearly specifying how and when the deed can be determined, this clause provides certainty to the parties and helps prevent disputes regarding the ongoing validity or enforceability of the deed.
DETERMINATION OF DEED. This deed shall be determined and have no further effect if the Planning Permission: expires before the Commencement of Development; is varied or revoked other than at the request of the Owner; or is quashed following a successful legal challenge.
DETERMINATION OF DEED. This deed shall be determined and have no further effect if the approval of the Application is quashed following a successful legal challenge.
DETERMINATION OF DEED. 7.1 The obligations in this deed shall cease to have effect if before the Commencement of Development, the Planning Permission:
(a) expires;
(b) is varied or revoked other than at the request of the Owner; or
(c) is quashed following a successful legal challenge.
DETERMINATION OF DEED. 10.1 If the Planning Permission expires before the Development is begun or is revoked or quashed in any legal proceedings then this Deed shall forthwith determine and cease to have effect and be removed from the register of local land charges by the Council
10.2 Where the Deed comes to an end under Clause 10.1 the Council shall vacate or cancel the entry made in the local land charges register in relation to this Deed or otherwise record the fact that it has come to an end and no longer affects the Application Site without charge
10.3 Where the Deed is released in part by a future agreement, the Council will without charge place a note against the entry made in the local land charges register stating which obligation(s) no longer have effect
DETERMINATION OF DEED. 8.1 The covenants, restrictions and other obligations in this Deed shall cease to have effect if before the Commencement of Development, the Planning Permission:
(a) expires;
(b) is varied or revoked other than at the request of the Owners;
(c) is quashed following a successful legal challenge;
(d) the Inspector or Secretary of State determines that the obligations in this Deed shall not be effective in its entirety.
8.2 This Deed shall cease to have effect (insofar only as it has not already been complied with and without prejudice to the rights of any party against the other in respect of any antecedent breach) if the Planning Permission shall be quashed, revoked or otherwise withdrawn or (without the consent of the Owners from time to time) it is modified by any procedure created by legislation or expires prior to the Commencement of Development.
DETERMINATION OF DEED. The obligations in this deed (with the exception of clause 10) shall cease to have effect if before Implementation of the Bramley Road Planning Permission either the Bramley Road Planning Permission or the ▇▇▇▇▇▇▇ Road Planning Permission:
(a) expires;
(b) is varied or revoked other than at the request of the Owner; or
(c) is quashed following a successful legal challenge.
DETERMINATION OF DEED. 8.1 The obligations in this Deed (with the exception of Clause 9) shall cease to have effect (so far as they have not already been complied with) if before the commencement of Development within the meaning of section 56 of the Act, the Planning Permission:
8.1.1 expires;
8.1.2 is varied or revoked other than at the request of the Owners; or
8.1.3 is quashed following a successful legal challenge PROVIDED THAT this clause shall have no effect if a Section 73 Consent has been granted
DETERMINATION OF DEED. 8.1 If the Planning Permission is quashed revoked or otherwise withdrawn or expires within the meaning of sections 91, 92 and 93 of the Act or is revoked or modified in accordance with sections 97 to 100 inclusive of the Act without the consent of the Owner this Deed shall cease to have effect (but without prejudice to the rights of either party against the other in respect of any antecedent breach).
DETERMINATION OF DEED. The obligations in this deed (with the exception of clause 11) shall cease to have effect if, before the Commencement of Development, the Planning Permission:
(a) expires;
(b) is varied or revoked other than at the Owner's request; or
(c) is quashed following a successful legal challenge.
DETERMINATION OF DEED. 7.1 The obligations in this deed (with the exception of clause 9) shall cease to have effect if before the Commencement of Development, the Planning Permission:
7.1.1 expires;
7.1.2 is varied or revoked other than at the request of the Developer; or
7.1.3 is quashed following a successful legal challenge (including on foot of an application for judicial review pursuant to Order 53 of The Rules of the Court of Judicature (NI) 1980).