Right of City to claim on Guarantee Sample Clauses

Right of City to claim on Guarantee. (a) The Developer agrees that the City may make an appropriation from the Guarantee in such amount as the City, acting reasonably, thinks appropriate if: (i) the Developer fails to comply with clause 4.2 of Schedule 3 of this document (provision of detailed design drawings and detailed costs estimate); (ii) the Developer fails to comply with clause 2 of Schedule 3 (payment of Monetary Contribution); (iii) the City allows the Developer not to complete the Public Benefits, or any part of them, in accordance with clause 6.4(a)(ii); (iv) an Insolvency Event occurs in respect of the Developer; (v) the Developer fails to deliver the Public Benefits in accordance with clause 6.4(b); (vi) the Developer fails to rectify a Defect in accordance with clause 8.2 of this document; (vii) the detailed designs for the Developer’s Works are not finalised between the parties within 12 months of the date of issue of a Construction Certificate that approves the construction of any structures above the ground floor of the Development; (viii) the Developer’s Works do not reach Completion within 36 months of the date of issue of the first Construction Certificate in respect of the Development (or such later time as agreed by the City in writing); or (ix) the City incurs any other expense or liability in exercising its rights and powers under this document. (b) Any amount of the Guarantee appropriated by the City in accordance with clause 10.2 must be applied only towards: (i) the costs and expenses incurred by the City rectifying any default by the Developer under this document; and (ii) carrying out any works required to achieve the Public Benefits.
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Right of City to claim on Guarantee. (a) The Developer and the Landowner agree that the City may make an appropriation from the Guarantee in such amount as the City, acting reasonably, thinks appropriate if: (i) the City allows the Developer and Landowner not to complete the Public Benefits, or any part of them, in accordance with clauses 5.2(a)(i) and 5.2(a)(ii); (ii) an Insolvency Event occurs in respect of the Developer or the Landowner; (iii) the Developer and the Landowner fail to deliver the Public Benefits in accordance with clause 5.2(b); (iv) the Developer and Landowner fail to rectify a Defect in accordance with clause 8.2 of this document; (v) to the extent the DBP Act applies to the Developer’s Works, any Regulated Designs and Design Compliance Declarations for those Regulated Designs in relation to the Developer’s Works are not procured by the Developer or Landowner (or the Developer’s or Landowner’s Personnel) as required by the DBP Act or the DBP Regulation or otherwise not provided to the City as and when required by this document; (vi) to the extent the RAB (CEP) Act applies to the Developer’s Works, the City incurs any other cost, expense or liability in exercising its rights to appeal or make representations under clause 6.5(a)(iv) of Schedule 3 or 6.5(a)(vi) of Schedule 3; (vii) the Developer’s Works do not reach Completion within 60 months of the date of issue of the first Construction Certificate in respect of the Development (or such later time as agreed by the City in writing, such agreement not being unreasonably withheld having regard to the City’s regulatory obligations); (viii) the City incurs any other expense or liability in exercising its rights and powers under this document. (b) Any amount of the Guarantee appropriated by the City in accordance with clause 10.2 must be applied only towards: (i) the costs and expenses incurred by the City rectifying any default by the Developer or the Landowner under this document; (ii) carrying out any works required to achieve the Public Benefits; (iii) to the extent the DBP Act applies to the Developer’s Works, the costs and expenses incurred by the City rectifying any failure by the Developer or Landowner (or the Developer’s or Landowner’s Personnel) to procure Regulated Designs and Design Compliance Declarations for those Regulated Designs in relation to the Developer’s Works as required by the DBP Act or the DBP Regulation and to provide copies of any Regulated Designs and Design Compliance Declarations for those Regulate...
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Right of City to claim on Guarantee. ‌ (a) The Developer agrees that:‌ (i) the City may make an appropriation from the Guarantee in such amount as set out in clause 8.2(a)(ii) if: (A) the Developer fails to procure all or part of the Required HFS under the Development Consent by the Due Date in accordance with clause 5.1; or (B) all HFS acquired by the Due Date has not been recorded in the HFS Register for use at the Development by the Call Date. (ii) the amount of the Guarantee which may be appropriated by the City in accordance with clause 8.2(a) is to be calculated in accordance with the following formula, and clause 8.2(a)(iii):‌ X = W(Y – Z) Where: X is an amount in $; W is the Unit Rate;‌ Y is the Required HFS; and Z is the amount of HFS (in square metres) allocated to the Development at the Due Date and includes any HFS allocated after the Commencement Date in accordance with clause 5.1. (iii) if the calculation under clause 8.2(a)(ii) results in X being less than the Guarantee Amount, then the difference between X and the Guarantee Amount must be remitted to the Developer within 30 Business Days of the City calling upon the Guarantee subject to clause 8.1(c).‌ (b) In the event that the Developer is unable to acquire HFS by the Due Date, the Developer may (within 5 Business Days of the Due Date), by notice in writing, request that the amount in 8.2(a)(ii) is paid in cash (by direct deposit or bank cheque) rather than appropriated from the Guarantee. The City shall confirm its agreement to the request, by notice in writing prior to the Call Date. Such agreement shall not be unreasonably withheld. The Developer must then attend the City at a mutually agreed time to exchange the Guarantee for the cash amount. (c) The Developer agrees that the City may make any further appropriation it deems reasonably necessary to cover any costs and expenses incurred by the City in rectifying any breach by the Developer of its obligations under this document. (d) Any amount appropriated by the City under this clause 8.2 must be applied by the City towards: (i) the costs and expenses incurred by the City in rectifying any breach by the Developer of its obligations under this document; (ii) the Heritage Conservation Fund; and/or (iii) other matters as set out in the HFS Scheme as adopted by the City from time to time.
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Right of City to claim on Guarantee. ‌ (a) The Developer agrees that:‌ (i) the City may make an appropriation from the Guarantee in such amount as set out in clause 8.2(a)(ii) if: (A) the Developer fails to procure all or part of the Required HFS under the Development Consent by the Due Date in accordance with clause 5.1; or (B) all HFS acquired by the Due Date has not been recorded in the HFS Register for use at the Development by the Call Date. (ii) the amount of the Guarantee which may be appropriated by the City in accordance with clause 8.2(a) is to be calculated in accordance with the following formula, and clause 8.2(a)(iii):‌ X = W(Y – Z) Where:
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Right of City to claim on Guarantee. (a) The Developer agrees that the City may make an appropriation from the Guarantee in such amount as the City, acting reasonably, thinks appropriate if: (i) an Insolvency Event occurs in respect of the Developer; (ii) the City has issued a notice under clause 6.4(a) deferring completion of the Developer’s Works, or any part of them; (iii) the Developer fails to deliver the Developer’s Works in accordance with clause 6.4(b); (iv) the Developer fails to rectify a Defect in accordance with clause 8.2 of this document; (v) the City incurs any other expense or liability in validly exercising its rights and powers under this document which expense or liability is not recovered or recoverable from any third party. (b) Any amount of the Guarantee appropriated by the City in accordance with clause 10.3 must be applied only towards: (i) the costs and expenses incurred by the City rectifying any default by the Developer under this document; and (ii) carrying out any Developer’s Works required to achieve the Public Benefits.
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Right of City to claim on Guarantee. (a) The Developer agrees that the City may make an appropriation from the Guarantee in such amount as the City, acting reasonably, thinks appropriate if: (i) the Developer fails to comply with clause 4.2 of Schedule 3 of this document (provision of detailed design drawings and detailed costs estimate); (i) the Developer fails to comply with clause 2 of Schedule 3 (payment of Monetary Contribution); (ii) the City allows the Developer not to complete the Public Benefits, or any part of them, in accordance with clause 6.4(a)(ii); (iii) an Insolvency Event occurs in respect of the Developer; (iv) the Developer fails to deliver the Public Benefits in accordance with clauses 5 and 6.4(b); (v) the Developer fails to rectify a Defect in accordance with clause 8.2 of this document;
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Related to Right of City to claim on Guarantee

  • Defense of Infringement Claims In the event Licensee or Licensor becomes aware that Licensee’s or any of its Affiliates’ or any Sublicensees’ practice of the Licensed Patents is the subject of a claim for patent infringement by a Third Party, that Party shall promptly notify the other, and the Parties shall consider the claim and the most appropriate action to take. Licensee shall cause each of its Affiliates and each Sublicensee to notify Licensee promptly in the event such entity becomes aware that its practice of the Licensed Patents is the subject of a claim of patent infringement by another. To the extent Licensor takes any action, Licensor (or the ReGenX Licensors) shall have the right to require Licensee’s reasonable cooperation in any such suit, upon written notice to Licensee; and Licensee shall have the obligation to participate upon Licensor’s request, in which event, Licensor shall bear the cost of Licensee’s participation. Without Licensor’s prior written permission, Licensee must not settle or compromise any such suit in a manner that imposes any material obligations or restrictions on Licensor or the ReGenX Licensors or grants any rights to the Licensed Patents other than rights that Licensee has the right to grant under this Agreement.

  • RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the Releasees allowing me to participate in wilderness activities I hereby agree as follows:

  • Defense of Claims Subject to the provisions of applicable policies of directors’ and officers’ liability insurance, if any, the Company shall be entitled to participate in the defense of any Indemnifiable Claim or to assume or lead the defense thereof with counsel reasonably satisfactory to the Indemnitee; provided that if Indemnitee determines, after consultation with counsel selected by Indemnitee, that (a) the use of counsel chosen by the Company to represent Indemnitee would present such counsel with an actual or potential conflict, (b) the named parties in any such Indemnifiable Claim (including any impleaded parties) include both the Company and Indemnitee and Indemnitee shall conclude that there may be one or more legal defenses available to him or her that are different from or in addition to those available to the Company, (c) any such representation by such counsel would be precluded under the applicable standards of professional conduct then prevailing, or (d) Indemnitee has interests in the claim or underlying subject matter that are different from or in addition to those of other Persons against whom the Claim has been made or might reasonably be expected to be made, then Indemnitee shall be entitled to retain separate counsel (but not more than one law firm plus, if applicable, local counsel in respect of any particular Indemnifiable Claim for all indemnitees in Indemnitee’s circumstances) at the Company’s expense. The Company shall not be liable to Indemnitee under this Agreement for any amounts paid in settlement of any threatened or pending Indemnifiable Claim effected without the Company’s prior written consent. The Company shall not, without the prior written consent of the Indemnitee, effect any settlement of any threatened or pending Indemnifiable Claim which the Indemnitee is or could have been a party unless such settlement solely involves the payment of money and includes a complete and unconditional release of the Indemnitee from all liability on any claims that are the subject matter of such Indemnifiable Claim. Neither the Company nor Indemnitee shall unreasonably withhold its consent to any proposed settlement; provided that Indemnitee may withhold consent to any settlement that does not provide a complete and unconditional release of Indemnitee.

  • Indemnification for Certain Claims The Party providing services hereunder, its affiliates and its parent company, shall be indemnified, defended and held harmless by the Party receiving services hereunder against any claim, loss or damage arising from the receiving company’s use of the services provided under this Agreement pertaining to (1) claims for libel, slander or invasion of privacy arising from the content of the receiving company’s own communications, or (2) any claim, loss or damage claimed by the End User of the Party receiving services arising from such company’s use or reliance on the providing company’s services, actions, duties, or obligations arising out of this Agreement.

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