Party acting as trustee. If a party enters into this Agreement as trustee of a trust, that party and its successors as trustee of the trust will be liable under this agreement in its own right and as trustee of the trust. Nothing releases the party from any liability in its personal capacity, the party warrants that at the date of this agreement:
(a) all the powers and discretions conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and the trust is a valid and subsisting trust;
(b) the party is the sole trustee of the trust and has full and unfettered power under the term of the deed establishing the trust to enter into and be bound by this agreement on behalf of the trust and that this document is being executed and entered into as part of the due and proper administration of the trust and for the benefit of the beneficiaries of the trust;
(c) no restriction on the party’s right of indemnity out of or lien over the trust’s assets exists or will be crated or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets.
Party acting as trustee. If a party enters into this Agreement as trustee of a trust, that party and its successors as trustee of the trust will be liable under this Agreement in its own right and as trustee of the trust. Nothing releases the party from any liability in its personal capacity.
Party acting as trustee. If a party enters into this Agreement as trustee of a trust, that party warrants that at the date of this Agreement:
(a) all the powers and discretions conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and the trust is a valid and subsisting trust;
(b) the party is the sole trustee of the trust and has full and unfettered power under the terms of the deed establishing the trust to enter into and be bound by this document on behalf of the trust and that this document is being executed and entered into as part of the due and proper administration of the trust and for the benefit of the beneficiaries of the trust;
(c) no restriction on the party’s right of indemnity out of or lien over the trust's assets exists or will be created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust's assets.
Party acting as trustee. If a party enters into this document as trustee of a trust, that party and its successors as trustee of the trust will be liable under this document in its own right and as trustee of the trust. Nothing releases the party from any liability in its personal capacity. The party warrants that at the date of this document:
(a) all the powers and discretions conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and the trust is a valid and subsisting trust;
(b) the party is the sole trustee of the trust and has full and unfettered power under the terms of the deed establishing the trust to enter into and be bound by this document on behalf of the trust and that this document is being executed and entered into as part of the due and proper administration of the trust and for the benefit of the beneficiaries of the trust; and
(c) no restriction on the party¶s right of indemnity out of, or lien over, the trust¶s assets exists or will be created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust¶s assets.
(d) Where more than one person is bound by this Agreement as the Developer any right that is capable of being exercised by the Developer under this Agreement may only be exercised by those persons jointly and each person who is a Developer may, at its absolute discretion, decline to exercise such a right. | version to be submitted to Council at meeting on 20 March 2-0D1r7aft recommendedfor exhibition 4985-1#2562 (also incsminor change to Map at Sheetth7i)s vsn 4985-1#3004 and #3005 for pdf 29
Party acting as trustee. (a) If a party enters into this Deed as trustee of a trust, that party and its successors as trustee of the trust will be liable under this Deed in its own right and as trustee of the trust. Nothing releases the party from any liability in its personal capacity. The party warrants that at the date of this Deed:
(i) all the powers and discretions conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and the trust is a valid and subsisting trust;
(ii) the party is the sole trustee of the trust and has full and unfettered power under the terms of the deed establishing the trust to enter into and be bound by this Deed on behalf of the trust and that this Deed s being executed and entered into as part of the due and proper administration of the trust and for the benefit of the beneficiaries of the trust; and
(iii) no restriction on the party’s right of indemnity out of or lien over the trust’s assets exists or will be created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets,
(iv) it has not been removed as trustee and no action has been taken to remove or replace it as trustee, or to terminate the Trust,
(v) it is not in breach of the Trust Deed;
(vi) it is entitled under the Trust Deed to be indemnified in full in respect of the obligations and liabilities incurred by it under this Deed and the Agreement;
(vii) it is not aware of any reason why the assets of the Trust might be insufficient to satisfy or discharge the obligations and liabilities incurred by it under this Deed and the Agreement.
(b) If the New Developer is to be replaced as trustee of the Trust, then:
(i) prior to the replacement, the New Developer must:
(ii) notify the Council of the proposed replacement, and
(iii) novate its obligations and liabilities under this Deed and the Agreement to the replacement trustee of the Trust on and from the date the New Developer ceases to be a trustee of the Trust, and
(iv) the novation is to be on terms satisfactory to the Council under which the replacement trustee agrees to:
(v) be bound by the provisions of this Deed and the Agreement, and
(vi) pay the Council’s costs in relation to the replacement of the trustee including but not limited to costs relating to preparation of any documentation and registration on title of any agreement that replaces this Deed and the Agreement.
(vii) Immediately upon the ...
Party acting as trustee. If the Builder enters into this document as trustee of a trust, then the Builder and its successors as trustee of the trust will be liable under this document in its own right and as trustee of the trust. Nothing releases the Builder from any liability in its personal capacity. The Builder warrants that at the date of this document: all the powers and discretions conferred by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been varied or revoked and the trust is a valid and subsisting trust; the Builder is the sole trustee of the trust and has full and unfettered power under the terms of the deed establishing the trust to enter into and be bound by this document on behalf of the trust and that this document is being executed and entered into as part of the due and proper administration of the trust and for the benefit of the beneficiaries of the trust; no restriction on the party’s right of indemnity out of or lien over the trust's assets exists or will be created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust's assets. by its duly Authorised Signatory in the presence of: …………………………………………………. ……………………………………………… Witness Signature Authorised Signatory …………………………………………………. ............................................................... Print Full Name of Witness Print Full Name of Authorised Signatory Date: …………………………………………. EXECUTED by [INSERT NAME] (A.C.N. [INSERT A.C.N.]) in accordance with Section 127 of the Corporations Xxx 0000: ......................................................................... Director ......................................................................... Name of Director ......................................................................... Director / Secretary* ......................................................................... Name of Director / Secretary* *Delete inapplicable title Development Deed - Kidman Park BUILDING LOT SCHEDULE ALLOTMENT NUMBER STAGE WIDTH (m) DEPTH (m) XXXXXXXXX XXXX (x0) HOUSE TYPE BUILDING FLOOR AREA (m2)
1. Public Liability Insurance
