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) 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.

Non-completion of Public Benefits. 8.1 Request not to complete (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 (bii) 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 eithermake a claim on the Guarantee in such amount as the City considers necessary to: (iA) complete the portion of Public Benefits itselfBenefit not being delivered by the Developer; or (iiB) modify to provide public benefits elsewhere in the locality to the value of that portion of the Public Benefits to reasonably achieve Benefit not being delivered by the objectives identified in the Development Consent and this documentDeveloper.