Common use of Proposed Redevelopment Clause in Contracts

Proposed Redevelopment. 8.3.1 Subject to clause 8.3.3, the Council consents to the Proposed Redevelopment being undertaken by the Lessee in accordance with this Lease (and this clause 8.3.1 shall be in satisfaction of clause 8.2 of this Lease). 8.3.2 The Proposed Redevelopment shall be undertaken by the Lessee at its own cost and expense but subject to first obtaining all necessary Development Approvals: 8.3.2.1 in a good and workmanlike manner; and 8.3.2.2 substantially in accordance with the Concept Plans (subject to clause 8.3.3 below) and otherwise Council’s reasonably directions and requirements. 8.3.3 Without limiting any other provision of this Lease, the parties acknowledge and agree that: 8.3.3.1 the Lessee may only add to, amend, vary, remove from or modify the Concept Plans (“Concept Plans Variation”) with the consent of the Council; 8.3.3.2 the Council will not unreasonably withhold consent to a Concept Plans Variation provided that any Concept Plans Variation is not a Material Variation; 8.3.3.3 if the Concept Plan Variation is a Material Variation then the Council may withhold consent in its discretion; 8.3.3.4 the Council will not be acting unreasonably if Council considers it necessary to undertake further public or community consultation regarding the Concept Plans Variation; and 8.3.3.5 all improvements, fixtures and fittings constructed on the Leased Area and/or Licence Area as part of the Proposed Redevelopment shall remain the property of the Lessee and will not form part of the Leased Area. 8.3.4 In this clause 8.3, “Material Variation” means a variation which would result in:

Proposed Redevelopment. 8.3.1 Subject to clause 8.3.3, the Council consents to the Proposed Redevelopment being undertaken by the Lessee in accordance with this Lease (and this clause 8.3.1 shall be in satisfaction of clause 8.2 of this Lease). 8.3.2 The Proposed Redevelopment shall be undertaken by the Lessee (or caused to be undertaken) at its own cost and expense but subject to first obtaining all necessary Development Approvals: 8.3.2.1 in a good and workmanlike manner; and 8.3.2.2 substantially in accordance with the Concept Plans (subject to clause 8.3.3 below) and otherwise Council’s reasonably directions and requirements). 8.3.3 Without limiting any other provision of this Lease, the parties acknowledge and agree that: 8.3.3.1 the Lessee may only in its absolute discretion add to, amend, vary, remove from or modify the Concept Plans (“Concept Plans Variation”) with provided always that the consent Lessee shall not undertake (or cause to be undertaken) any works which are not specified or remove works which are specified in the Concept Plans in Annexure B of this Lease without first having obtained the Council;’s consent; and 8.3.3.2 the Council will not unreasonably withhold consent to a Concept Plans Variation provided that any Concept Plans Variation is not a Material Variation;; and 8.3.3.3 if the Concept Plan Variation is a Material Variation then the Council may withhold consent in its discretion; 8.3.3.4 the Council will not be acting unreasonably if Council considers it necessary to undertake further public or community consultation regarding the Concept Plans Variation; and 8.3.3.5 8.3.3.4 all improvements, fixtures and fittings constructed on the Leased Area and/or Licence Area as part of the Proposed Redevelopment shall remain the property of the Lessee and will not form part of the Leased Area. 8.3.4 In this clause 8.3, “Material Variation” means a variation which would result in:: Draft