Development of Facilities Clause Samples
Development of Facilities.
4.1. The College agrees to develop at its cost and, subject to clause 13, maintain the Facilities, within 5 years of the date of this Agreement, subject to obtaining all required approvals from all relevant Authorities. The College must use Reasonable Endeavours to obtain these approvals.
4.2. Should the Facilities not be developed within 5 years, this Agreement will terminate unless an extension is agreed by the Shire. In the event of termination, the College will be liable to pay to the Shire the full non- concessional development contribution in accordance with the prevailing development contribution rate, within 60 days of the date of termination.
4.3. The Shire acknowledges that it may grant an extension (not to be unreasonably withheld) to the timeframe listed in 4.1, if the College is unable to develop the Facilities as it is unable to obtain all required approvals from all relevant Authorities, funding for the development or secure a groundwater bore resource for the Facilities.
4.4. The Shire will use reasonable endeavours to assist the College with obtaining an allocation of water to the Land.
4.5. The College and the Shire agree to work in good faith to set out seasonal use arrangements that reflect the needs of both Parties, and the Authorised Times of Use as defined by Item 6 of the Schedule.
Development of Facilities. The Operator shall ensure that the Facilities shall pass the Performance Tests by the relevant Time for Completion. The Operator is entitled to an extension of a Time for Completion if delayed either before or after the Time for Completion by any of the following causes:
(a) a change in the Specifications that delays materially the Time for Completion set out in Schedule 2;
(b) a Force Majeure event;
(c) a Material Adverse Government Action;
(d) physical conditions or circumstances on the site for the New Facilities, which are adverse and were not (by the Effective Date) drawn to the Operator’s attention or within its knowledge (as is evidenced by written records) or foreseeable from the data supplied to the Operator by the Authority;
(e) any breach of this Agreement, delay, impediment or prevention by the Authority; or
(f) an action by a legally constituted public authority which has delayed, impeded or prevented the Operator from developing the Facilities other than due to the negligence or wilful default of the Operator. If the Operator intends to apply for an extension of a Time for Completion, the Operator shall give notice to the Authority of such intention as soon as possible, together with supporting information. The Operator shall keep such contemporary records as may be necessary to substantiate any application, at the site and such other records as may reasonably be requested by the Authority. The Operator shall permit the Authority to inspect all such records, and shall provide the Authority with copies as required. The Authority shall respond within twenty eight (28) days of receiving a claim from the Operator by either confirming the Authority's entitlement, or denying the claim with detailed reasons. Any dispute may be referred for resolution in accordance with Clause 30. The Operator will provide monthly status reports to the Authority during the Construction Period setting out progress on the Facilities and whether there are any delays or issues that have arisen as provided in Schedule 4. The first report shall be provided following the first calendar month after the Effective Date and shall be provided within fourteen (14) days of the end of such calendar month.
Development of Facilities. 12.1 The Private party shall ensure that the Facilities pass the Performance Tests by the relevant Time for Completion.
12.2 The Private party is entitled to an extension of a Time for Completion if delayed by any of the following causes:
(a) a change in the Specifications that delays materially the Time for Completion set out in Schedule 2;
(b) a Force Majeure event;
(c) a Material Adverse Government Action;
(d) physical conditions or circumstances on the site for the New Facilities, which are adverse and were not (by the Effective Date) drawn to the Private party’s attention or within its knowledge (as is evidenced by written records) or reasonably foreseeable to the Private party using Prudent Industry Practice from the data supplied to the Private party by the Contracting Authority;
(e) any breach of this Agreement, delay, impediment or prevention by the Contracting Authority; or
(f) an action or inaction by a legally constituted public body which has delayed, impeded or prevented the Private party from developing the Facilities other than due to the negligence or wilful default of the Private party.
12.3 If the Private party intends to apply for an extension of a Time for Completion, the Private party shall give notice to the Contracting Authority of such intention as soon as possible, together with supporting information. The Private party shall keep such contemporary records as may be necessary to substantiate any application, at the site and such other records as may reasonably be requested by the Contracting Authority. The Private party shall permit the Contracting Authority to inspect all such records, and shall provide the Contracting Authority with copies as required. The Contracting Authority shall respond within twenty eight (28) days of receiving a claim from the Private party, by either confirming the Contracting Authority's entitlement, or denying the claim withdetailed reasons. Any dispute may be referred for resolution in accordance with Clause30.
12.4 The Private party will provide monthly status reports to the Contracting Authority during the Construction Period setting out progress on the Facilities and whether there are any delays or issues that have arisen as provided in Schedule 4. The first report shall be provided following the first calendar month after the Effective Date and shall be provided within fourteen (14) days of the end of such calendar month.
Development of Facilities