Common use of OWNER’S COVENANTS Clause in Contracts

OWNER’S COVENANTS. The Owner hereby covenants and agrees as follows: (a) to assume all risks in commencing construction on the of the subject construction before every requirement to obtain a Full Building Permit has been met and the Pumping Station has been constructed, commissioned and fully operation and agrees that he or she will indemnify and save harmless the Municipality from and against all claims, actions, costs and/or awards arising from the issuance of the Conditional Building Permit; (b) to prohibit Occupancy and not to request an Occupancy Inspection on the Lands until such time as the Pumping Station has been constructed, commissioned and is operating to the satisfaction of the Municipality; (c) to immediately stop construction on the Lands and secure the site to the satisfaction of the CBO, if in the opinion of the CBO, at his sole discretion, any impediment arises to prevent the lawful continuation of the subject construction; (d) to take any and all measures necessary, if requested by the CBO in writing, to remove the subject construction and restore the site if all necessary approvals have not been obtained and the Pumping Station has not been constructed and commissioned within one (1) year from the date of the issuance of the Conditional Building Permit; (e) to comply with all development standards, approvals, by-laws, laws and regulations that are applicable to the Lands including but not limited to site servicing, grading, fire protection, and storm water management; (f) to provide and maintain access for emergency vehicles to the satisfaction to the Municipality’s Fire Chief; (g) to defend, indemnify and save harmless the Municipality and CBO from any and all claims whatsoever arising from this Agreement, including but not limited to, those arising out of: a) Any breach, violation, or non-performance of any covenant, condition or agreement set forth in this Agreement to be fulfilled, kept, observed or performed by the Owner; or b) Any damage to or loss of property occasioned, connected to, or related to this Agreement. The obligation of the Owner to indemnify the Municipality and CBO contained in this Section shall survive any termination of this Agreement, anything in this Agreement to the contrary notwithstanding.

OWNER’S COVENANTS. The Owner hereby covenants with the District Council the County Council and agrees as follows:St Albans for itself and its successors in title to the Car Showroom Site (a) 6.1 Not to assume all risks in commencing construction cause or permit the opening' for trade of the Car Showroom Development unless and until the Owner shall have served notice on the County Council and the District Council together with a copy of a layout plan relating to the Car Showroom Site which clearly identifies the Staff and Customer Car Parking Area and the Vehicle Storage Area PROVIDED ALWAYS that the initial designation of such spaces shall not prevent the Owner from redesignating such areas by service of subsequent notices and layout plans provided in each such case there are no more than 100 car parking spaces in any revised Staff and Customer Car Parking Area and there shall be at least 60 parking spaces in the Vehicle Storage Area AND in the event of any such redesignation then the provisions of this Agreement shall apply mutatis mutandis to the revised Staff and Customer Car Parking Areas and Vehicle Storage Area as though they had been the subject of the subject construction before every requirement to obtain a Full Building Permit has been met initial designation 6.2 To lay and mark out both the Staff and Customer Car Parking Area and the Pumping Station has been constructed, commissioned and fully operation and agrees that he or she will indemnify and save harmless Vehicle Storage Area shown on the Municipality from and against all claims, actions, costs and/or awards arising layout plan submitted in accordance with Sub-Clause 6.1 prior to the opening for trade of the Car Showroom Development 6.3 On commencement of trading from the issuance Car Showroom Development and at all times thereafter during the subsistence of the Conditional Building Permit; (b) to prohibit Occupancy and Car Showroom Development not to request an Occupancy Inspection on use cause or permit the Lands until such time as Vehicle Storage Area to be used other than for the Pumping Station has been constructed, commissioned stationing parking and is operating to display of vehicles awaiting sale or repair and vehicles taken in part exchange 6.4 At all times following the satisfaction opening for trade of the Municipality; (c) to immediately stop construction on Car Showroom Development during the Lands and secure the site to the satisfaction subsistence of the CBO, if Car Showroom Development to permanently reserve and set aside the Vehicle Storage Area for the stationing parking and display of vehicles awaiting sale or repair and vehicles taken in part exchange and for no other purposes 6.5 On commencement of trading from the opinion Car Showroom Development and at all times thereafter during the subsistence of the CBOCar Showroom Development not to use cause or permit the Staff and Customer Car Parking Areas to be used other than for the parking of staff and customers, at his sole discretion, any impediment arises to prevent suppliers and/or visitors' vehicles 6.6 At all times following the lawful continuation opening for trade of the subject construction; (d) to take any and all measures necessary, if requested by Car Showroom Development during the CBO in writing, to remove the subject construction and restore the site if all necessary approvals have not been obtained and the Pumping Station has not been constructed and commissioned within one (1) year from the date subsistence of the issuance Car Showroom Development to permanently reserve and set aside the Staff and Customer Car Parking Areas for the parking of the Conditional Building Permit; (e) to comply with all development standardsstaff and customers, approvals, by-laws, laws suppliers and/or visitors' vehicles and regulations that are applicable to the Lands including but not limited to site servicing, grading, fire protection, and storm water management; (f) to provide and maintain access for emergency vehicles to the satisfaction to the Municipality’s Fire Chief; (g) to defend, indemnify and save harmless the Municipality and CBO from any and all claims whatsoever arising from this Agreement, including but not limited to, those arising out of: a) Any breach, violation, or non-performance of any covenant, condition or agreement set forth in this Agreement to be fulfilled, kept, observed or performed by the Owner; or b) Any damage to or loss of property occasioned, connected to, or related to this Agreement. The obligation of the Owner to indemnify the Municipality and CBO contained in this Section shall survive any termination of this Agreement, anything in this Agreement to the contrary notwithstanding.no other purposes

OWNER’S COVENANTS. The Owner hereby covenants and agrees as followsagrees: (a) to assume all risks involved in commencing construction on the of the subject construction project before every requirement to obtain of a Full (full) Building Permit has been met met, and the Pumping Station has been constructedto this end, commissioned and fully operation and agrees that he or she hereby will indemnify and save harmless the Municipality Town from and against all claims, actions, costs and/or and, or awards arising from the issuance of the Conditional Building Permit; (b) prior to prohibit Occupancy and requesting use or occupancy identified in subsection 4(c) of this Agreement, to obtain all prerequisite approvals for the issuance of a (full) Building Permit, including, but not to request an Occupancy Inspection on limited to, the Lands until such time as issuance of a Land Use Permit from the Pumping Station has been constructed, commissioned and is operating to the satisfaction Minister of Transportation under subsection 38(2) of the MunicipalityPublic Transportation and Highway Improvement Act, the execution of a Site Plan Control Agreement and Subdivision Agreement pursuant the Site Plan Approval (Subsection 41 of the Planning Act) and registration of a Plan of Subdivision(Subsection 51 of the Planning Act) respectively; (c) to not occupy/use or permit to occupy/use the accessory storage building prior to the issuance of a (Full) Building Permit and the subsequent granting of permission to occupy/use; (d) to forfeit $2000.00 of the required security deposit, notwithstanding any other costs which the Town may incur, if occupancy is allowed prior to municipal permission being granted as identified in subsection 4(c) of this Agreement; (e) to immediately stop construction on the Lands subject lands and secure the site to the satisfaction of the CBOChief Building Official, if in the opinion of the CBO, at his sole discretionChief Building Official, any impediment arises to prevent the lawful continuation of the subject constructionproject; (df) to immediately take any and all measures necessary, if requested by the CBO in writing, to remove the subject project construction and restore the site if all necessary approvals have not been obtained and the Pumping Station has not been constructed and commissioned within one (1) year from the date start of construction and if removal of the issuance of subject project construction has been ordered in writing by the Conditional Chief Building PermitOfficial; (eg) to comply with all development standards, approvals, by-laws, laws and regulations that are applicable to the Lands subject lands including but not limited to site servicing, grading, tree protection, fire protection, and storm water management; (fh) to provide and maintain access for emergency vehicles and water supply to the satisfaction to of the MunicipalityTown’s Fire Chief;; and (gi) to defend, indemnify and save harmless compensate the Municipality and CBO from Town for any and all claims whatsoever arising from this Agreement, including but not limited to, those arising out of: a) Any breach, violation, or non-performance of any covenant, condition or agreement set forth in this Agreement to be fulfilled, kept, observed or performed costs incurred by the Owner; or b) Any damage to or loss of property occasionedTown in the preparation, connected to, or related to this Agreement. The obligation of the Owner to indemnify the Municipality execution and CBO contained in this Section shall survive any termination subsequent performance of this Agreement, anything in this Agreement to the contrary notwithstanding.

OWNER’S COVENANTS. The Owner hereby covenants with and agrees Undertakes to) the Council as follows: follows:- not to apply to the Council for a Parking Permit in respect of any of the Residential Units nor to knowingly permit any owner or occupier of the Residential Units to apply to the Council for a Parking Permit and if such a permit is issued in respect of any of the Residential Units the person to whom it is issued shall surrender it to the Council within 7 days of written demand that all material used for advertising or marketing the Residential Units for letting or sale will notify prospective owners and occupiers that they will not be entitled to apply for a Parking Permit in respect of the Residential Units that in respect of every lease tenancy or licence to occupy granted in respect of any of the Residential Units the following covenant shall be imposed (aor a covenant of substantially the same nature in respect of any tenancy agreement licence or other instrument entitling occupation of any of the Residential Units): “the lessee for himself and his successors in title being the owner or owners for the time being of the term of years hereby granted hereby covenant with the lessor and separately with the Mayor and Burgesses of the Royal Borough of Kensington and Chelsea (“the Council”) not to assume all risks apply for nor knowingly permit an application to be made by any person residing in commencing construction the premises to the Royal Borough of Kensington and Chelsea for a residents parking permit in respect of such premises and if such a permit is issued then it shall be surrendered within 7 days of written request to do so from the Council and this covenant shall also be enforceable by the Council under the Contracts (Rights of Third Parties) Xxx 0000, section 1” to send to the Executive Director a certified copy of the lease within 10 working days of the grant of any lease in respect of the Residential Units IN WITNESS of which this Deed has been executed on the first date before written THE COMMON SEAL of the subject construction before every requirement to obtain a Full Building Permit has been met and the Pumping Station has been constructed, commissioned and fully operation and agrees that he or she will indemnify and save harmless the Municipality from and against all claims, actions, costs and/or awards arising from the issuance MAYOR ) AND BURGESSES OF THE ROYAL ) BOROUGH of the Conditional Building Permit; (bKENSINGTON AND ) to prohibit Occupancy and not to request an Occupancy Inspection on the Lands until such time as the Pumping Station has been constructed, commissioned and is operating to the satisfaction of the Municipality; (cCHELSEA was hereunto affixed ) to immediately stop construction on the Lands and secure the site to the satisfaction of the CBO, if in the opinion of presence of:- ) Authorised Signatory EXECUTED as a DEED by ) XXXXX HOUSE SECURITIES LIMITED ) acting by a director ) ……..………………................................. in the CBO, at his sole discretion, any impediment arises to prevent the lawful continuation of the subject construction; (dpresence of: ) to take any and all measures necessary, if requested by the CBO in writing, to remove the subject construction and restore the site if all necessary approvals have not been obtained and the Pumping Station has not been constructed and commissioned within one (1) year from the date of the issuance of the Conditional Building Permit; (e) to comply with all development standards, approvals, by-laws, laws and regulations that are applicable to the Lands including but not limited to site servicing, grading, fire protection, and storm water management; (f) to provide and maintain access for emergency vehicles to the satisfaction to the Municipality’s Fire Chief; (g) to defend, indemnify and save harmless the Municipality and CBO from any and all claims whatsoever arising from this Agreement, including but not limited to, those arising out of: a) Any breach, violation, or non-performance of any covenant, condition or agreement set forth in this Agreement to be fulfilled, kept, observed or performed by the Owner; or b) Any damage to or loss of property occasioned, connected to, or related to this Agreement. The obligation of the Owner to indemnify the Municipality and CBO contained in this Section shall survive any termination of this Agreement, anything in this Agreement to the contrary notwithstandingDirector Witness: ………………............................... Name: …………………................................ Address: ………………............................... …………….…………….................................. …………….……………..................................

OWNER’S COVENANTS. 2.1 The Owner hereby covenants and agrees with the Regional District that, except as followsmay be consented to by the Regional District in writing: a. it shall use and develop the Lands only in accordance with this Agreement; b. it shall use the Lands only in a manner that permits ongoing free public pedestrian access to and along the floating structures located on the Water Lots and without limiting the generality of the foregoing, the Owner covenants and agrees that it shall not construct any building, structure, barrier or gate that prevents, impedes or obstructs public access from and across the Lands to the Waterfront Pathway/Boardwalk on the Water Lots; and c. if at any time the Water Lot Rights or any one of them is terminated or expires, and if such termination or expiry brings and end to the public right of access to and along the entirety of the Waterfront Pathway/Boardwalk located in the Water Lots and the Owner is not able to provide public pedestrian access to and along the entirety of the Waterfront Pathway/Boardwalk located on the Water Lots, then it shall do one of the following: (ai) to assume all risks in commencing construction on the of the subject construction before every requirement to obtain a Full Building Permit has been met and the Pumping Station has been constructed, commissioned and fully operation and agrees that he or she will indemnify and save harmless the Municipality from and against all claims, actions, costs and/or awards arising from the issuance of the Conditional Building Permit; (b) to prohibit Occupancy and not to request an Occupancy Inspection construct on the Lands at the Owner’s expense, and in a manner and location satisfactory to the Regional District, acting reasonably, a Waterfront Pathway/Boardwalk or similar public pathway of a value and utility equivalent to the Public Walkway Right of Way; or (ii) pay to the Regional District a sum of money (the “Amenity Payment”) equal to 125 percent of the estimated cost (as of the date of such termination or expiry, and as determined by the Regional District, acting reasonably) of construction of a Waterfront Pathway/Boardwalk on the Lands. 2.2 If the Owner fails to satisfy either paragraph 2.1c(i) or 2.1c(ii) within six (6) months following the date of termination or expiry of the Water Lot Rights as contemplated in paragraph 2.1c (the “Grace Period”), then, upon expiry of the Grace Period the Lands shall not be subdivided, built on, or used for marina-associated parking, accessory marina sales or marina-related office use, until such time as the Pumping Station Owner has been constructedsatisfied either paragraph 2.1c(i) or 2.1c(ii). 2.3 The Amenity Payment, commissioned and is operating once paid to the satisfaction Regional District, shall be used by the Regional District for the purpose of providing a public amenity within the general vicinity of the Municipality; (c) to immediately stop construction on the Lands and secure the site of comparable benefit to the satisfaction Waterfront Pathway/Boardwalk. The nature and exact location of such public amenity shall be within the sole discretion of the CBO, if in the opinion of the CBO, at his sole discretion, any impediment arises to prevent the lawful continuation of the subject construction; (d) to take any and all measures necessary, if requested by the CBO in writing, to remove the subject construction and restore the site if all necessary approvals have not been obtained and the Pumping Station has not been constructed and commissioned within one (1) year from the date of the issuance of the Conditional Building Permit; (e) to comply with all development standards, approvals, by-laws, laws and regulations that are applicable to the Lands including but not limited to site servicing, grading, fire protection, and storm water management; (f) to provide and maintain access for emergency vehicles to the satisfaction to the Municipality’s Fire Chief; (g) to defend, indemnify and save harmless the Municipality and CBO from any and all claims whatsoever arising from this Agreement, including but not limited to, those arising out of: a) Any breach, violation, or non-performance of any covenant, condition or agreement set forth in this Agreement to be fulfilled, kept, observed or performed by the Owner; or b) Any damage to or loss of property occasioned, connected to, or related to this Agreement. The obligation of the Owner to indemnify the Municipality and CBO contained in this Section shall survive any termination of this Agreement, anything in this Agreement to the contrary notwithstandingRegional District.