Non-completion of Public Benefits Sample Clauses

Non-completion of Public Benefits. (a) If the Developer makes a request by notice in writing not to complete the Public Benefits (or any part of the Public Benefits): (i) the City may permit the Developer not to complete the Public Benefits (or any part of the Public Benefits) by issuing a notice in writing to the Developer stating that completion of the items identified in that notice is not required to fulfil the Developer’s obligations under this document; and (ii) the City may make a claim on the Guarantee in such amount as the City considers necessary to complete the portion of Public Benefit not being delivered by the Developer. (b) If the Developer fails to complete the whole of the Public Benefits in the form and to the standards required under the Development Consent or this document then the City may either: (i) complete the Public Benefits itself, including by exercising its right to compulsorily acquire the Transfer Land in accordance with clause 10.6 of this document; or (ii) modify the Public Benefits to reasonably achieve the objectives identified in the Development Consent and this document, and may recover all costs of and reasonably incidental to that work from the Developer. The City can claim on the Guarantee in order to exercise this right, in which case the provisions of clause 10 will apply. To the extent that the City’s costs exceed the amount of the Guarantee, the City can recover this amount from the Developer as a debt due and owing to the City. (c) If the City exercises its rights under this clause 6.4 to complete the Public Benefits, the Developer grants the City a licence for the period necessary for the City to access the Land to carry out, or procure the carrying out, of the Public Benefits.
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Non-completion of Public Benefits. (a) If the Developer makes a request by notice in writing not to complete the Public Benefits (or any part of the Public Benefits) the City may permit the Developer not to complete the Public Benefits (or any part of the Public Benefits) by issuing a notice in writing to the Developer stating that completion of the items identified in that notice is not required to fulfil the Developer’s obligations under this document. (b) If the Developer fails to complete the whole of the Public Benefits in the form and to the standards required under the Development Consent or this document then the City may either: (i) complete the Public Benefits itself; or (ii) modify the Public Benefits to reasonably achieve the objectives identified in the Development Consent and this document.
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Non-completion of Public Benefits. ‌ If the Environmental Excellence Initiatives have not reached Completion on or before the date or milestone referred to in clause 1 of Schedule 3 of this document: (a) the Developer must make a request by notice in writing to meet with the City to agree what alternative measures it will put in place in order to achieve a sustainable commercial development; or (b) If alternative measures have been previously agreed, the City may permit the Developer not to achieve the Environmental Excellence Initiatives as set out in this document by issuing a notice in writing to the Developer stating that completion of the items identified in that notice is not required to fulfil the Developer’s obligations under this document.
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Non-completion of Public Benefits. If the Developer makes a request by notice in writing not to complete the Public Benefits (or any part of the Public Benefits): Council may permit the Developer not to complete the Public Benefits (or any part of the Public Benefits) by issuing a notice in writing to the Developer stating that completion of the items identified in that notice is not required to fulfil the Developer’s obligations under this Planning Agreement; and Council may make a claim on the Guarantee in such amount as Council considers necessary to complete the portion of Public Benefit not being delivered by the Developer. If the Developer fails to complete the whole of the Public Benefits in the form and to the standards required under the Development Consent or this Planning Agreement then Council may either: complete the Public Benefits itself; or modify the Public Benefits to reasonably achieve the objectives identified in the Development Consent and this Planning Agreement, and may recover all costs of and reasonably incidental to that work from the Developer. Council can claim on the Guarantee in order to exercise this right, in which case the provisions of clause 10 will apply. To the extent that Council’s costs exceed the amount of the Guarantee, Council can recover this amount from the Developer as a debt due and owing to Council. If Council exercises its rights under this clause 6.4 to complete the Public Benefits, the Developer grants Council a licence for the period necessary for Council to access the Land to carry out, or procure the carrying out, of the Public Benefits.
Sample 1
Non-completion of Public Benefits. (a) If the Developer makes a request by notice in writing not to complete the Public Benefits (or any part of the Public Benefits): (i) the City may permit the Developer not to complete the Public Benefits (or any part of the Public Benefits) by issuing a notice in writing to the Developer stating that completion of the items identified in that notice is not required to fulfil the Developer’s obligations under this document; and (ii) the City may make a claim on the Guarantee in such amount as the City considers necessary to complete the portion of Public Benefit not being delivered by the Developer. (b) If the Developer fails to complete the whole of the Public Benefits in the form and to the standards required under the Development Consent or this document then the City may: (i) modify the Public Benefits to reasonably achieve the objectives identified in the Development Consent and this document; and/or (ii) by written notice, require the Developer to pay to the City within 20 Business Days after the date of service of the notice, the costs expended by the City to provide alternative facilities in the vicinity of the Land equivalent to the Logistics Hub.
Sample 1

Related to Non-completion of Public Benefits

  • Commencement and Completion of Construction Subject to Unavoidable Delays, Developer shall cause construction of the Minimum Improvements to be undertaken and completed: (i) by no later than June 1, 2020; or (ii) by such other date as the parties shall mutually agree upon in writing. Time lost as a result of Unavoidable Delays shall be added to extend this date by a number of days equal to the number of days lost as a result of Unavoidable Delays. All work with respect to the Minimum Improvements shall be in conformity with the Construction Plans approved by the building official or any amendments thereto as may be approved by the building official. Developer agrees that it shall permit designated representatives of the City, upon reasonable notice (which does not have to be written), to enter upon the Development Property during the construction of the Minimum Improvements to inspect such construction and the progress thereof.

  • General Conditions (i) Each party will make each payment or delivery specified in each Confirmation to be made by it, subject to the other provisions of this Agreement. (ii) Payments under this Agreement will be made on the due date for value on that date in the place of the account specified in the relevant Confirmation or otherwise pursuant to this Agreement, in freely transferable funds and in the manner customary for payments in the required currency. Where settlement is by delivery (that is, other than by payment), such delivery will be made for receipt on the due date in the manner customary for the relevant obligation unless otherwise specified in the relevant Confirmation or elsewhere in this Agreement. (iii) Each obligation of each party under Section 2(a)(i) is subject to (1) the condition precedent that no Event of Default or Potential Event of Default with respect to the other party has occurred and is continuing, (2) the condition precedent that no Early Termination Date in respect of the relevant Transaction has occurred or been effectively designated and (3) each other applicable condition precedent specified in this Agreement.

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