Effect and obligations. (a) This Agreement does not take effect unless and until the EPI Change is made and is in effect. (b) Despite any other provision of this Agreement, the Developer is under no obligation to make any Development Contribution in accordance with this Agreement unless: (i) a Development Consent has been granted to carry out some or all of the Development; (ii) a Construction Certificate has been issued in relation to that Development Consent; and (iii) the Development has been physically commenced in reliance on the Development Consent; and (iv) the relevant circumstances set out in this Agreement as to when the Development Contribution must be made have arisen.
Appears in 2 contracts
Samples: Planning Agreement, Planning Agreement
Effect and obligations. (a) This Agreement does not take effect commence unless and until a Development Consent in respect of the EPI Change DA is made granted and is in effect.
(b) Despite any other provision of this Agreement, the Developer is under no obligation to make pay any Development Contribution or provide Development Deliverables in accordance with this Agreement unless:
(i) a Development Consent has been granted to carry out some or all of the Development;
(ii) a Construction Certificate has been issued in relation to that Development Consent; and
(iii) the Development has been physically commenced in reliance on the Development Consent; and
(iv) the relevant circumstances set out in this Agreement as to when the Development Contribution or Development Deliverable must be made paid or provided have arisen.
Appears in 1 contract
Samples: Planning Agreement
Effect and obligations. (a) This Agreement does not take effect unless and until the EPI Change it is made and is in effectexecuted by all parties.
(b) Despite any other provision of this Agreement, the Developer is Developers are under no obligation to make any Development Contribution in accordance with this Agreement unless:
(i) a Development Consent has been granted to carry out some or all of the Development;
(ii) a Construction Certificate has been issued in relation to that the Development Consent; and
(iiiii) the Development has been physically commenced in reliance on the Development Consent; and
(iviii) the relevant circumstances set out in this Agreement as to when the Development Contribution must be made have arisen.
Appears in 1 contract
Samples: Planning Agreement