Common use of Right of City to claim on Guarantee Clause in Contracts

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.

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 3.2 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); (iviii) an Insolvency Event occurs in respect of the Developer; (viv) the Developer fails to deliver the Public Benefits in accordance with clause 6.4(b); (viv) the Developer fails to rectify a Defect in accordance with clause 8.2 of this document; (viivi) 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; (viiivii) 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 (ixviii) 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.

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 5.2 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)(ii6.5(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(b6.5(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 situated on the City Land or Transfer Land do not reach Completion within 36 62 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.

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.

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)(ii6.4(a)(i); (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 48 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.

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 3.2 of Schedule 3 0 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); (iviii) an Insolvency Event occurs in respect of the Developer; (viv) the Developer fails to deliver the Public Benefits in accordance with clause 6.4(b); (viv) the Developer fails to rectify a Defect in accordance with clause 8.2 of this document; (viivi) 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; (viiivii) the Developer’s Works do not reach Completion within 36 48 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 (ixviii) 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 10.2(a) 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.

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)document; (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); (iviii) an Insolvency Event occurs in respect of the Developer; (viv) the Developer fails to deliver the Public Benefits in accordance with clause 6.4(b); (viv) 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; (viiivi) 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 Developer’s Works (or such later time as agreed by the City in writing); or (ixvii) 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.

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 2.2 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); (iviii) an Insolvency Event occurs in respect of the Developer; (viv) the Developer fails to deliver the Public Benefits in accordance with clause 6.4(b); (viv) the Developer fails to rectify a Defect in accordance with clause 8.2 of this document; (viivi) 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; (viiivii) 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 (ixviii) 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.

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 3.2 of Schedule 3 of this document (provision of detailed design drawings and detailed costs estimate)document; (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)(ii6.7(a)(ii); (iviii) an Insolvency Event occurs in respect of the Developer; (viv) the Developer fails to deliver the Public Benefits in accordance with clause 6.4(b6.7(b); (viv) the Developer fails to rectify a Defect in accordance with clause 8.2 of this document; (viivi) 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; (viiivii) 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); (viii) the Developer fails to maintain the Developer’s Works in accordance with clause 5.2 and Annexure A; 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) towards 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.

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; andand nefits. (ii) carrying out any works required to achieve the Public Benefits.Be

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 concept design drawings and detailed costs estimate); (ii) the Developer fails to comply with clause 4.3 of Schedule 3 of this document (provision of detailed design drawings and detailed costs estimate); (iiiii) the Developer fails to comply with clause 2 of Schedule 3 (payment of Monetary Contribution); (iiiiv) the City allows the Developer not to complete the Public Benefits, or any part of them, in accordance with clause 6.4(a)(ii); (ivv) an Insolvency Event occurs in respect of the Developer; (vvi) the Developer fails to deliver the Public Benefits in accordance with clause 6.4(b); (vivii) the Developer fails to rectify a Defect in accordance with clause 8.2 of this document; (viiviii) 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; (viiiix) 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 (ixx) the City incurs any other expense or liability in exercising its rights and powers under this documentdocument due to a breach of this document committed by the Developer. (b) Any amount of the Guarantee appropriated by the City in accordance with clause 10.2 10.3 must only be such amount as is required for, and must only 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.

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 0 of this document (provision of detailed design drawings and detailed costs estimate); (ii) the Developer fails to comply with clause 2 of Schedule 3 0 (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 carry out Maintenance in accordance with clause 5.2 of this document; (vii) the Developer fails to rectify a Defect in accordance with clause 8.2 of this document; (viiviii) 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; (viiiix) 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); (x) the Developer fails to maintain the Developer’s Works in accordance with clause 5.2 and Annexure A; or (ixxi) 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...

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 3.2 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); (iviii) an Insolvency Event occurs in respect of the Developer; (viv) the Developer fails to deliver the Public Benefits in accordance with clause 6.4(b); (viv) the Developer fails to rectify a Defect in accordance with clause 8.2 of this document; (viivi) 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; (viiivii) the Developer’s Works do not reach Completion within 36 months of the date of issue of the first a Construction Certificate in respect that approves the construction of any structures above the ground floor of the Development (or such later time as agreed by the City in writingwriting and such agreement cannot be unreasonably withheld); or; (ixviii) 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.

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 3.2 of Schedule 3 of this document (provision of detailed design drawings and detailed costs estimatedrawings); (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); (iviii) an Insolvency Event occurs in respect of the Developer; (viv) the Developer fails to deliver the Public Benefits in accordance with clause 6.4(b); (v) the Developer fails to carry out Maintenance in accordance with clause 5.2 of this document; (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 18 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 39 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); (ix) the Developer fails to maintain the Developer’s Works in accordance with clause 5.2 and Annexure A; or (ixx) 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.

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 24 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 48 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.