NON XXXXXX. The Developer acknowledges and agrees that:
(a) in addition to its obligations under this Agreement the Council is also responsible for the conduct and administration of local government in the Waverley Local Government Area;
(b) this Agreement in no way affects Council's statutory obligations, functions or powers, including without limitation, its obligations, functions or powers in respect of the Development Application, Development Consent and any other approvals required in respect of the works to be carried out under the Development Consent;
(c) nothing which the Council does or fails to do under this Agreement will limit or otherwise affect the Developer’s obligations under the Development Consent; and
(d) nothing which the Council does, fails to do or purports to do in performing the Council’s statutory functions or powers will constitute or amount to a breach of this Agreement.
NON XXXXXX. For the avoidance of doubt nothing herein contained or implied shall prejudice or affect the statutory and/or public law rights, powers, duties and obligations of LUL in the exercise of its statutory functions in respect of the Railway Undertaking and Railway Assets and Premises.
NON XXXXXX. For the avoidance of doubt nothing herein contained or implied shall prejudice or affect the statutory rights, powers, duties and obligations of TfL in the exercise of their statutory functions Provided That to the extent legally possible TfL will exercise its rights and powers and perform its duties and obligations in a manner which is consistent with the terms of this Agreement.
NON XXXXXX. Nothing in this Licence is to be considered to xxxxxx the discretion of the Licensor acting in its capacity as a consent authority and the Licensor specifically reserves its rights acting in those capacities to make such decisions and take such action as authorised at law (Decisions) and where those Decisions shall override any countervailing provision(s) in this Licence and the Licensee will not be entitled to raise any objection, requisition, claim or demand in connection with any such Decision.
NON XXXXXX. Save as otherwise expressly provided, the obligations of the Buyer under this Agreement are obligations of the Buyer in its capacity as a contracting counterparty and nothing in this Agreement shall operate as an obligation upon, or in any other way xxxxxx or constrain the Buyer in any other capacity, nor shall the exercise by the Buyer of its duties and powers in any other capacity lead to any liability under this Agreement (howsoever arising) on the part of the Buyer to the Seller.
NON XXXXXX. Subject always to the proviso to clause 26, for the avoidance of doubt nothing herein contained or implied shall prejudice or affect the statutory rights, powers, duties and obligations of TfL in the exercise of their statutory functions, and provided further that to the extent legally possible TfL will exercise its rights and powers and perform its duties and obligations in a manner which is consistent with the terms of this Agreement.
NON XXXXXX. The Council enters into this Agreement in its capacity as landowner only and nothing contained in this Agreement shall prejudice or affect all or any of the statutory rights, powers, obligations and/or duties from time to time vested in the Council as a Local Authority and as a statutory body all such rights, powers, obligations and duties shall be enforceable and exercisable in relation to the Site notwithstanding the existence of this Agreement
NON XXXXXX. The Developer acknowledges and agrees that:
NON XXXXXX. Xxxxxt as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
