Common use of Obligations on transfer Clause in Contracts

Obligations on transfer. (a) The requirement for the Developer to transfer the Transfer Land to the City is satisfied where: (i) the City is given: (A) an instrument in registrable form under the Real Property Xxx 0000 (NSW) duly executed by the Developer as transferor that is effective to transfer the title to the Transfer Land to the City when executed by the City as transferee and registered; (B) the written consent to the registration of the transfer of any person whose consent is required to that registration; and (C) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer. (b) The Developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur. (c) The Developer must ensure that the Transfer Land is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except for any encumbrances agreed in writing by the City in its absolute discretion. (d) The Developer must indemnify and agree to keep indemnified the City against all claims made against the City as a result of any Contamination in, over, under or migrating from the whole or any part of the Transfer Land but only in relation to Contamination that existed on or before the date that the Transfer Land is dedicated to the City in accordance with the requirements of this clause. (e) The Developer warrants that as at the date of this deed the Transfer Land is not subject to any Adverse Affectation and warrants as to those matters in Schedule 3 of the Conveyancing (Sale of Land) Regulation 2010 (NSW), unless otherwise notified to and agreed by the City in writing in its absolute discretion.

Obligations on transfer. (a) The requirement for the Developer to transfer the Transfer Land to the City is satisfied where: (i) the City is given: (A) an instrument in registrable form under the Real Property Xxx 0000 (NSW) duly executed by the Developer as transferor that is effective to transfer the title to the Transfer Land to the City when executed by the City as transferee and registered; (B) the written consent to the registration of the transfer of any person whose consent is required to that registration; and (C) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer. (b) The Developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur. (c) The Developer must ensure that the Transfer Land is free of all encumbrances and affectations including rates, taxes and charges (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and chargesunregistered) except for any encumbrances that will be required to create the stratum, encumbrances contemplated in this document, the existing Easement for Electricity Purposes and encumbrances otherwise agreed in writing by the City in its absolute discretion. (d) The Developer must indemnify and agree to keep indemnified the City indemnified for a period of twelve years from the date of this document against all claims made against the City as a result of any Contamination in, over, under or migrating from the whole or any part of within the Transfer Land but only in relation to Contamination that existed on or before the date that the Transfer Land is dedicated to the City in accordance with the requirements of this clause. (e) The Developer warrants that as at the date of this deed the Transfer Land is not subject to any Adverse Affectation and warrants as to those matters in Schedule 3 of the Conveyancing (Sale of Land) Regulation 2010 (NSW), unless otherwise notified to and agreed by the City in writing in its absolute discretion.

Obligations on transfer. ‌ (a) The requirement for the Developer to transfer the Transfer Land to the City is satisfied where: (i) the City is given: (A) an instrument in registrable form under the Real Property Xxx 0000 Act 1900 (NSW) duly executed by the Developer as transferor that is effective to transfer the title to the Transfer Land to the City when executed by the City as transferee and registered; (B) the written consent to the registration of the transfer of any person whose consent is required to that registration; and (C) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer. (b) The Developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur. (c) The Developer must ensure that the Transfer Land is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except for any encumbrances agreed in writing by the City in its absolute discretion. (d) The Developer must indemnify and agree to keep indemnified the City against all claims made against the City as a result of any Contamination in, over, under or migrating from the whole or any part of the Transfer Land but only in relation to Contamination that existed on or before the date that the Transfer Land is dedicated to the City in accordance with the requirements of this clause. (e) The Developer warrants that as at the date of this deed the Transfer Land is not subject to any Adverse Affectation and warrants as to those matters in Schedule 3 of the Conveyancing (Sale of Land) Regulation 2010 (NSW), unless otherwise notified to and agreed by the City in writing in its absolute discretion.

Obligations on transfer. (a) The requirement for the Developer to transfer the Transfer Land Affordable Housing Units and Car Park Lots to the City a Community Housing Provider is satisfied where: (i) the City where evidence is given: (A) an instrument in registrable form under the Real Property Xxx 0000 (NSW) duly executed provided by the Developer as transferor that is effective to transfer the title to the Transfer Land to reasonable satisfaction of the City when executed by that the City as transferee and registered; (B) Community Housing Provider is the written consent to the registration registered proprietor of the transfer of any person whose consent is required to that registration; and (C) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transferAffordable Housing Units and Car Park Lots. (b) The Developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur. (c) The Developer must ensure that the Transfer Land is, at the date that the Transfer Land is transferred to a Community Housing Provider or dedicated to the City, free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except for any encumbrances required by this document or agreed in writing by the City in its absolute discretionCity, acting reasonably. (dc) The Developer must indemnify and agree to keep indemnified the City against all claims made against any loss, damage, cost, expense, claim, proceedings, orders or requirements or liabilities suffered or incurred by the City as a result in respect of or in connection with any Contamination in, over, under or migrating from the whole or any part of the Transfer Land but but, in respect of the Footpath Land, only in relation to Contamination that existed on or before the date that the Transfer Footpath Land is dedicated to the City in accordance with the requirements of this clause. (ed) The Developer warrants that as at the date of this deed document the Transfer Land is not subject to any Adverse Affectation and warrants as to those matters in Schedule 3 of the Conveyancing (Sale of Land) Regulation 2010 (NSW), unless otherwise notified to and agreed by the City in writing in its absolute discretion.

Obligations on transfer. (a) The requirement for the Developer to transfer the Transfer Land to the City is satisfied where: (i) the City is given: (A) an instrument in registrable form under the Real Property Xxx 0000 (NSW) duly executed by the Developer as transferor that is effective to transfer the title to the Transfer Land to the City when executed by the City as transferee and registered; (B) the written consent to the registration of the transfer of any person whose consent is required to that registration; and (C) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer. (b) The Developer (at the Developer’s cost) is to do all things reasonably necessary to enable registration of the instrument of transfer to occur. (c) The Subject to clause 13.3(a), the Developer must use its best endeavours to ensure that the Transfer Land is free of all redundant encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except for any encumbrances agreed in writing by the City in its absolute discretion(acting reasonably). (d) The Developer must indemnify and agree to keep indemnified the City against all claims made against the City as a result of any Contamination in, over, under or migrating from the whole or any part of the Transfer Land but only in relation to Contamination that existed on or before the date that the Transfer Land is dedicated to the City in accordance with the requirements of this clause. (e) The Developer warrants that as at the date of this deed the Transfer Land is not subject to any Adverse Affectation and warrants as to those matters in Schedule 3 of the Conveyancing (Sale of Land) Regulation 2010 (NSW), unless otherwise notified to and agreed by the City in writing in its absolute discretion. (f) If a Building Management Statement, Strata Management Statement or easement associated with a Building Management Statement or Strata Management Statement is required to be prepared and registered in relation to the Transfer Land, the City must approve the documents to the extent either instrument (in the City’s reasonable opinion) impacts upon the Transfer Land. The Developer must act reasonably in considering City’s approval of the instruments.

Obligations on transfer. (a) The requirement for the Developer to transfer the Transfer Land to the City is satisfied where: (i) the City is given: (A) an instrument in registrable form under the Real Property Xxx 0000 (NSW) duly executed by the Developer as transferor that is effective to transfer the title to the Transfer Land to the City when executed by the City as transferee and registered; (B) the written consent to the registration of the transfer of any person whose consent is required to that registration; and (C) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer. (b) The Developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur. (c) The Developer must ensure that the Transfer Land is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except for any encumbrances agreed in writing by the City in its absolute discretionPermitted Encumbrances. (d) The Developer must indemnify and agree to keep indemnified the City against all claims made against the City as a result of any Contamination in, over, under or migrating from the whole or any part of the Transfer Land but only in relation to Contamination that existed on or before the date that the Transfer Land is dedicated to the City in accordance with the requirements of this clause. (e) The Developer warrants that as at the date of this deed the Transfer Land is not subject to any Adverse Affectation and warrants as to those matters in Schedule 3 of the Conveyancing (Sale of Land) Regulation 2010 (NSW), unless otherwise notified to and agreed by the City in writing in its absolute discretion.

Obligations on transfer. (a) The requirement for the Developer to transfer the Transfer Land to the City is satisfied where: (i) the City is given: (A) an instrument in registrable form under the Real Property Xxx 0000 (NSW) duly executed by the Developer as transferor that is effective to transfer the title to the Transfer Land to the City when executed by the City as transferee and registered; (B) the written consent to the registration of the transfer of any person whose consent is required to that registration; and (C) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer. (b) The Developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur. (c) The Developer must ensure that the Transfer Land is free of all contaminants, encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except for any encumbrances agreed in writing by the City in its absolute discretion. (d) The Developer must indemnify and agree to keep indemnified the City against all claims made against the City as a result of any Contamination in, over, under or migrating from the whole or any part of the Transfer Land but only in relation to Contamination that existed on or before the date that the Transfer Land is dedicated to the City in accordance with the requirements of this clause. (e) The Developer warrants that as at the date of this deed the Transfer Land is not subject to any Adverse Affectation and warrants as to those matters in Schedule 3 of the Conveyancing (Sale of Land) Regulation 2010 (NSW), unless otherwise notified to and agreed by the City in writing in its absolute discretion.

Obligations on transfer. ‌ (a) The requirement for the Developer to transfer the Transfer Land to the City is satisfied where: (i) the City is given: (A) an instrument in registrable form under the Real Property Xxx 0000 (NSW) duly executed by the Developer as transferor that is effective to transfer the title to the Transfer Land to the City when executed by the City as transferee and registered; (B) the written consent to the registration of the transfer of any person whose consent is required to that registration; and (C) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer. (b) The Developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur. (c) The Developer must ensure that the Transfer Land is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except for any encumbrances agreed in writing by the City in its absolute discretion. (d) The Developer must indemnify and agree to keep indemnified the City against all claims made against the City as a result of any Contamination in, over, under or migrating from the whole or any part of the Transfer Land but only in relation to Contamination that existed on or before the date that the Transfer Land is dedicated to the City in accordance with the requirements of this clause. (e) The Developer warrants that as at the date of this deed the Transfer Land is not subject to any Adverse Affectation and warrants as to those matters in Schedule 3 of the Conveyancing (Sale of Land) Regulation 2010 (NSW), unless otherwise notified to and agreed by the City in writing in its absolute discretion.

Obligations on transfer. (a) The requirement for the Developer to transfer the Transfer Land to the City is satisfied where: (i) the City is given: (A) an instrument in registrable form under the Real Property Xxx 0000 (NSW) duly executed by the Developer as transferor that is effective to transfer the title to the Transfer Land to the City when executed by the City as transferee and registered; (B) the written consent to the registration of the transfer of any person whose consent is required to that registration; and (C) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer. (b) The Developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur. (c) The Developer must ensure that the Transfer Land is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except for any Permitted Encumbrances and any encumbrances agreed in writing by the City in its absolute discretion. (d) The Developer must indemnify and agree to keep indemnified the City against all claims made against the City as a result of any Contamination in, over, under or migrating from the whole or any part of the Transfer Land but only in relation to Contamination that existed on or before the date that the Transfer Land is dedicated to the City in accordance with the requirements of this clause. (e) The Developer warrants that as at the date of this deed the Transfer Land is not subject to any Adverse Affectation and warrants as to those matters in Schedule 3 of the Conveyancing (Sale of Land) Regulation 2010 (NSW), unless otherwise notified to and agreed by the City in writing in its absolute discretion.

Obligations on transfer. (a) The requirement for the Developer to transfer the Transfer Land to the City is satisfied where: (i) the City is given: (A) an instrument in registrable form under the Real Property Xxx 0000 (NSW) duly executed by the Developer as transferor that is effective to transfer the title to the Transfer Land to the City when executed by the City as transferee and registered; (B) the written consent to the registration of the transfer of any person whose consent is required to that registration; and (C) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer. (b) The Developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur. (c) The Developer must ensure that the Transfer Land is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except for any encumbrances agreed in writing by the City in its absolute discretion. (d) The Developer must indemnify and agree to keep indemnified the City against all claims made against the City as a result of any Contamination in, over, under or migrating from the whole or any part of the Transfer Land but only in relation to Contamination that existed on or before the date that the Transfer Land is dedicated to the City in accordance with the requirements of this clause. (e) The Developer must ensure that prior to the issue of an Occupation Certificate for the Development, the Transfer Land is remediated and must not be encumbered by an Environmental Management Plan or Long Term Environmental Management Plan. (f) The Developer warrants that as at the date of this deed the Transfer Land is not subject to any Adverse Affectation and warrants as to those matters in Schedule 3 of the Conveyancing (Sale of Land) Regulation 2010 (NSW), unless otherwise notified to and agreed by the City in writing in its absolute discretion.

Obligations on transfer. (a) The requirement for the Developer to transfer the Transfer Land to the City is satisfied where: (i) the City is given: (A) an instrument in registrable form under the Real Property Xxx Acx 0000 (NSW) duly executed by the Developer as transferor that is effective to transfer the title to the Transfer Land to the City when executed by the City as transferee and registered; (B) the written consent to the registration of the transfer of any person whose consent is required to that registration; and (C) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer. (b) The Developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur. (c) The Developer must ensure that the Transfer Land is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except for any encumbrances agreed in writing by the City in its absolute discretion. (d) The Developer must indemnify and agree to keep indemnified the City against all claims made against the City as a result of any Contamination in, over, under or migrating from the whole or any part of the Transfer Land but only in relation to Contamination that existed on or before the date that the Transfer Land is dedicated to the City in accordance with the requirements of this clause. (e) The Developer warrants that as at the date of this deed the Transfer Land is not subject to any Adverse Affectation and warrants as to those matters in Schedule 3 of the Conveyancing (Sale of Land) Regulation 2010 (NSW), unless otherwise notified to and agreed by the City in writing in its absolute discretion.

Obligations on transfer. (a) The requirement for the Developer to transfer the Transfer Land to the City is satisfied where: (i) the City is given: (A) an instrument in registrable form under the Real Property Xxx 0000 (NSW) duly executed by the Developer as transferor that is effective to transfer the title to the Transfer Land to the City when executed by the City as transferee and registered; (B) the written consent to the registration of the transfer of any person whose consent is required to that registration; and (C) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer. (b) The Developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur. (c) The Developer must ensure that the Transfer Land is remediated in accordance with the Remediation Action Plan for the site. (d) The Developer must ensure that the Transfer Land is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except for any encumbrances agreed in writing by the City in its absolute discretion. (de) The Developer must indemnify and agree to keep indemnified the City against all claims made against the City as a result of any Contamination in, over, under or migrating from the whole or any part of the Transfer Land but only in relation to Contamination that existed on or before the date that the Transfer Land is dedicated to the City in accordance with the requirements of this clause. (ef) The Developer warrants that as at the date of this deed the Transfer Land is not subject to any Adverse Affectation and warrants as to those matters in Schedule 3 of the Conveyancing (Sale of Land) Regulation 2010 (NSW), unless otherwise notified to and agreed by the City in writing in its absolute discretion.

Obligations on transfer. (a) The requirement for the Developer to transfer the Transfer Land to the City is satisfied where: (i) the City is given: (A) an instrument in registrable form under the Real Property Xxx 0000 (NSW) duly executed by the Developer as transferor that is effective to transfer the title to the Transfer Land to the City when executed by the City as transferee and registered; (B) the written consent to the registration of the transfer of any person whose consent is required to that registration; and (C) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer. (b) The Developer (at the Developer’s cost) is to do all things reasonably necessary to enable registration of the instrument of transfer to occur. (c) The Developer must ensure that the Transfer Land is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except for any encumbrances agreed in writing by the City in its absolute discretion. (d) The Developer must indemnify and agree to keep indemnified the City against all claims made against the City as a result of any Contamination in, over, under or migrating from the whole or any part of the Transfer Land but only in relation to Contamination that existed on or before the date that the Transfer Land is dedicated to the City in accordance with the requirements of this clause. (e) The Developer warrants that as at the date of this deed the Transfer Land is not subject to any Adverse Affectation and warrants as to those matters in Schedule 3 of the Conveyancing (Sale of Land) Regulation 2010 (NSW), unless otherwise notified to and agreed by the City in writing in its absolute discretion. (f) If a Building Management Statement, Strata Management Statement or easement associated with a Building Management Statement or Strata Management Statement is required to be prepared and registered in relation to the Transfer Land, the City must approve the documents to the extent either instrument (in the City’s reasonable opinion) impacts upon the Transfer Land. The Developer must act reasonably in considering City’s approval of the instruments.

Obligations on transfer. (a) The requirement for the Developer to transfer the Transfer Land to the City is satisfied where: (i) the City is given: (A) an instrument in registrable form under the Real Property Xxx 0000 (NSW) duly executed by the Developer as transferor that is effective to transfer the title to the Transfer Land to the City when executed by the City as transferee and registered; (B) the written consent to the registration of the transfer of any person whose consent is required to that registration; and (C) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer. (b) The Developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur. (c) The Developer must ensure that the Transfer Land is is: (i) free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except for any encumbrances agreed in writing by the City in its absolute discretion; and (ii) remediated in accordance with the Development Consent. (d) The Developer must indemnify and agree to keep indemnified the City against all claims made against the City as a result of any Contamination in, over, under or migrating from the whole or any part of the Transfer Land but only in relation to Contamination that existed on or before the date that the Transfer Land is dedicated to the City in accordance with the requirements of this clause. (e) The Developer warrants that as at the date of this deed the Transfer Land is not subject to any Adverse Affectation and warrants as to those matters in Schedule 3 of the Conveyancing (Sale of Land) Regulation 2010 (NSW), unless otherwise notified to and agreed by the City in writing in its absolute discretion.

Obligations on transfer. ‌ (a) The requirement for the Developer Landowner to transfer the Transfer Land to the City is satisfied where: (i) the City is given: (A) an instrument in registrable form under the Real Property Xxx 0000 (NSW) duly executed by the Developer as transferor that is effective to transfer the title to the Transfer Land to the City when executed by the City as transferee and registered; (B) the written consent to the registration of the transfer of any person whose consent is required to that registration; and (C) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer. (b) The Developer Landowner is to do all things reasonably necessary to enable registration of the instrument of transfer to occur. (c) . The Developer and the Landowner must ensure that the Transfer Land is free of all encumbrances and affectations (whether registered or unregistered and including without limitation any charge or liability for rates, taxes and charges) except for any encumbrances agreed in writing by the City in its absolute discretion. (dc) The Developer must indemnify and agree to keep indemnified the City against all claims made against the City as a result of any Contamination in, over, under or migrating from the whole or any part of the Transfer Land but only in relation to Contamination that existed on or before the date that the Transfer Land is dedicated to the City in accordance with the requirements of this clause. (ed) The Developer warrants that as at the date of this deed document the Transfer Land is not subject to any Adverse Affectation and warrants as to those matters in Schedule 3 of the Conveyancing (Sale of Land) Regulation 2010 (NSW), unless otherwise notified to and agreed by the City in writing in its absolute discretion.