EFFECT OF THIS DEED. 2.1. This Deed is made pursuant to section 106 of the 1990 Act. To the extent that they fall within the terms of section 106 of the 1990 Act, the obligations contained in this Deed are planning obligations and are enforceable by the Council as follows:
2.1.1. the obligations in Schedule 1 (excluding paragraphs 1, 8.2 to 8.6, 10.2, 10.3 and 11) are only enforceable against the Owners of the Site, and the Developer and persons deriving title to the Site under any of them;
2.1.2. the obligations in paragraph 1 of Schedule 1 are only enforceable against the Owners, the Fifth Owner, the Developer and persons deriving title to the Site under any of them and the obligations in paragraphs 9.40.2, 9.41 and 9.47 of Schedule 1 only in respect of the Council accessing the Site are enforceable against the Fifth Owner and persons deriving title to the Site under any of him (in addition to the Owners of the Site and Developer under paragraph 2.1.1 above);
2.1.3. the obligations in paragraphs 8.2 to 8.6 of Schedule 1 (Cycle Path Part 1) are only enforceable against the Second Owner, Eighth Owner and Developer and persons deriving title to the relevant part of the Site under any of them;
2.1.4. the obligation in paragraph 10.2 of Schedule 1 (Western Outfall Drain) is only enforceable against the First Owner and Developer and persons deriving title to the relevant part of the Site under any of them;
2.1.5. the obligation in paragraph 10.3 of Schedule 1 (Eastern Drain) is only enforceable against the Second Owner and Developer and persons deriving title to the relevant part of the Site under any of them;
2.1.6. the obligations in paragraph 11 of Schedule 1 (Additional Main Band Colliery Land) are only enforceable against the Second Owner, and Developer in respect of the Additional Main Band Colliery Land and persons deriving title to the Additional Main Band Colliery Land under any of them; and
2.1.7. the obligations in Schedule 2 are only enforceable against the Residential Owners in respect of the Residential Land, the Developer and persons deriving title to the Residential Land under any of them.
EFFECT OF THIS DEED. 3.1 Upon execution of this Deed by the Parties, this Deed shall immediately be fully and effectively binding on them.
3.2 CIH’s obligations under the Letter of Guarantee dated 11 June 2019 shall not be released, impaired, reduced or otherwise affected by the execution of this Deed and performance of the obligations herein, and shall continue to remain in full force and effect in accordance with the terms of the Letter of Guarantee.
EFFECT OF THIS DEED. 13.8.1 The Parties acknowledge and agree that the express or implied terms and conditions of this Deed shall, in the event of any inconsistency or conflict with the express or implied terms and conditions of the Contract, prevail over the relevant terms and conditions of the Contract.
13.8.2 Nothing in this Deed or the arrangements contemplated hereby shall prejudice the rights of any of the Finance Parties under the Finance Documents or any Security Documents or shall be construed as obliging the Security Trustee to exercise any of its rights under the Security Documents or under this Deed. 14 Governing Law and Jurisdiction
14.1 This Deed and any non-contractual obligations arising out of or in connection with it are governed by and shall be construed in accordance with the laws of England.
14.2 The Parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute arising out of or in connection with this Deed (including a dispute relating to the existence, validity or termination of this Deed or any non-contractual obligations arising out of or in connection with this Deed).
EFFECT OF THIS DEED. 3.1 Upon execution of this Deed by the Parties, this Deed shall immediately be fully and effectively binding on them.
3.2 CIH’s obligations under the Letter of Guarantee dated 11 June 2019 (the “Letter of Guarantee”) shall not be released, impaired, reduced or otherwise affected by the execution of this Deed and performance of the obligations herein, and shall continue to remain in full force and effect in accordance with the terms of the Letter of Guarantee. The parties hereto expressly agree and acknowledge that the second paragraph of the Letter of Guarantee shall be amended and replaced by the following:- “In consideration of the foregoing, the Guarantor hereby guarantees to the Holder of the Convertible Note and its successors and permitted assign the due and punctual payment of the principal of, and interest on the Convertible Note (which, for the avoidance of doubt, includes any payments due under any subsequent settlement deed(s) that might be entered into by the Company, the Guarantor and the Holder), subject to certain terms and conditions as provided herein below.”
EFFECT OF THIS DEED. 4.1 Binding effect
(a) each Deed Company Creditor;
(b) the Directors and Officers of the Deed Company;
(c) the Members of the Deed Company;
(d) the Deed Administrators;
(e) the Administrators;
(f) the LTD Deed Administrators;
(g) Holdco; and
(h) Opco.
EFFECT OF THIS DEED. This Deed is made pursuant to sections 106 and 106A of the 1990 Act, section 111 of LGA 1972, Section 1 of Localism Act 2011 and any other enabling powers and creates planning obligations for the purposes of section 106 of the 1990 Act enforceable by the Council and County Council as local planning authorities.
EFFECT OF THIS DEED. The Parties hereby agree that on executing this deed it shall immediately be fully and effectively binding on them.
EFFECT OF THIS DEED. 2.1. This Deed is entered into pursuant to Section 106 of the 1990 Act. To the extent that they fall within the terms of Section 106 of the 1990 Act the obligations contained in this Deed are planning obligations for the purposes of Section 106 of the 1990 Act and are enforceable by the Council.
EFFECT OF THIS DEED. 2.1 This Deed is made pursuant to section 106 of the 1990 Act. To the extent that they fall within the terms of section 106 of the 1990 Act, the obligations contained in this Deed are planning obligations for the purposes of section 106 of the 1990 Act and are enforceable by the Council.
2.2 To the extent that any of the obligations contained in this Deed are not planning obligations within the meaning of the 1990 Act, they are entered into pursuant to the powers contained in section 111 of the Local Government Xxx 0000, section 1 of the Xxxxxxxx Xxx 0000 and all other enabling powers.
2.3 The Parties agree that the planning obligations in this Deed are compliant with Regulation 122 of the Community Infrastructure Levy Regulations 2010 (as amended) in its form in force as at the date of this Deed.
2.4 Nothing in this Deed restricts or is intended to restrict or xxxxxx the proper exercise at any time by the Council of any of its statutory powers, functions or discretions in relation to the Site or otherwise.
2.5 This Deed will be registered as a local land charge by the Council.
2.6 This Deed shall not take effect unless the Planning Permission has been granted by the Secretary of State.
2.6 This Deed may be executed in part by counterpart, in respect of one party which when executed shall constitute a duplicate original, but the counterpart and the deed executed by the remaining Parties shall together constitute the one agreement.
2.7 Nothing in this Deed shall prohibit or limit the right to develop any part of the Site in accordance with a planning permission (other than one relating to the Development as specified in the Application or specified in a section 73 application to which clause 13.2 below applies) granted after the date of this Deed.
2.8 If the Secretary of State in his Decision Letter concludes that any of the Planning Obligations) are incompatible with Regulation 122 of the Community Infrastructure Levy Regulations 2010 (as amended) and expressly states in his Decision Letter that he attaches no weight to that Planning Obligation in determining the Appeal then the relevant Planning Obligation shall from the date of the Decision Letter immediately cease to have effect and the Landowners shall be under no obligation to comply with that Planning Obligation but the remaining Planning Obligations shall remain in full force and effect PROVIDED THAT it is agreed by the Landowners that in the event that the Secretary of State in his decision letter ...
EFFECT OF THIS DEED. 2.1 This Deed is made pursuant to section 106 of the 1990 Act. To the extent that they fall within the terms of section 106 of the 1990 Act, the obligations contained in this Deed are planning obligations for the purposes of section 106 of the 1990 Act and are enforceable by the Council.
2.2 To the extent that any of the obligations contained in this Deed are not planning obligations within the meaning of the 1990 Act, they are entered into pursuant to the powers contained in section 111 of the Local Government Xxx 0000, section 1 of the Xxxxxxxx Xxx 0000 and all other enabling powers.
2.3 Nothing in this Deed restricts or is intended to restrict the proper exercise at any time by the Council of any of its statutory powers, functions or discretions in relation to the Site or otherwise.
2.4 This Deed will be registered as a local land charge by the Council.
2.5 Nothing in this Deed prohibits or limits the right to develop any part of the Site in accordance with a planning permission, other than one relating to the Development as specified in the Planning Application, granted after the date of this Deed, whether or not pursuant to an appeal.
