Common use of Non-completion of Public Benefits Clause in Contracts

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.

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 ithe 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.

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):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.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: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.

Non-completion of Public Benefits. (a) If the Developer or the Landowner 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 and Landowner not to complete the Public Benefits (or any part of the Public Benefits) by issuing a notice in writing to the Developer and Landowner stating that completion of the items identified in that notice is not required to fulfil the Developer’s and Landowner’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 DeveloperDeveloper and the Landowner. (b) If the Developer fails and the Landowner fail 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 Affordable Housing Dwellings 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 DeveloperDeveloper and the Landowner. 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 and the Landowner as a debt due and owing to the City. (c) If the City exercises its rights under this clause 6.4 5.2 to complete the Public Benefits, the Developer grants and the Landowner grant 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 BenefitsBenefits and, to the extent the DBP Act or the RAB (CEP) Act applies to the Developer’s Works, the Developer must provide all required assistance to the City to enable the City to comply with the DBP Act and the RAB (CEP) Act (as applicable).

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):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.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: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; or (iii) in relation to the Public Art, elect to install public art in another location in the City that achieves the primary purpose of public art as a public benefit, 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.

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 reasonably 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 reasonable costs of and reasonably incidental to that work from the Developer, provided that works are to be performed as closely as possible in accordance with the scope of works set out in this document. 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.

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):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.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: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.

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):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; andand‌ (ii) the City may make a claim on the Guarantee in such amount as the City considers reasonably 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: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: or (iii) in relation to the Public Art, elect to install public art in another location in the City that achieves the primary purpose of public art as a public benefit; and may recover all actual 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 6.6 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.

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 BenefitsBenefits and, to the extent the DBP Act or the RAB (CEP) Act applies to the Developer’s Works, the Developer must provide all required assistance to the City to enable the City to comply with the DBP Act and the RAB (CEP) Act (as applicable).

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 any portion of Public Benefit Onsite Affordable Housing not being delivered by the Developer. (b) If the Developer fails to complete the whole of the Public Benefits Onsite Affordable Housing 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 Onsite Affordable Housing itself, including by exercising its right to compulsorily acquire the Transfer Land Affordable Housing Building in accordance with clause 10.6 9.6 of this document; or (ii) modify the Public Benefits Onsite Affordable Housing 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 9 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 5.2 to complete the Public BenefitsOnsite Affordable Housing, the Developer grants grant 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 BenefitsBenefits and, to the extent the DBP Act or the RAB (CEP) Act applies to the Developer’s Works, the Developer must provide all required assistance to the City to enable the City to comply with the DBP Act and the RAB (CEP) Act (as applicable).

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):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.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: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.

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 Public Benefits Area and any area within the Land that is reasonably required to carry out, or procure the carrying out, of the Public Benefits.

Non-completion of Public Benefits. ‌ (a) If the Developer or the Landowner makes a request by notice in writing not to complete the Public Benefits (or any part of the Public Benefits):Benefits):‌ (i) the City may permit the Developer and Landowner not to complete the Public Benefits (or any part of the Public Benefits) by issuing a notice in writing to the Developer and Landowner stating that completion of the items identified in that notice is not required to fulfil the Developer’s and Landowner’s obligations under this document; andand‌ (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.Developer and the Landowner.‌ (b) If the Developer fails and the Landowner fail 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:either:‌ (i) complete the Public Benefits itself, including by exercising its right to compulsorily acquire the Transfer Land Affordable Housing Dwellings 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 DeveloperDeveloper and the Landowner. 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 and the Landowner as a debt due and owing to the City. (c) If the City exercises its rights under this clause 6.4 5.2 to complete the Public Benefits, the Developer grants and the Landowner grant 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 BenefitsBenefits and, to the extent the DBP Act or the RAB (CEP) Act applies to the Developer’s Works, the Developer must provide all required assistance to the City to enable the City to comply with the DBP Act and the RAB (CEP) Act (as applicable).

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 acting reasonably 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.

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 ithe 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 a 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.

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):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.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: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, e City. 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.th (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.

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 is necessary to complete the portion of Public Benefit not being delivered by the Developer, such amount to be determined by agreement, or failing agreement, by a Quantity Surveyor to be jointly appointed by the parties. (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.

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 require payment or 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.

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.

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):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 ithe 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.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: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.