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

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 Regulated Designs in relation to the Developer’s Works to the City when required by this document; or (iv) to the extent the RAB (CEP) Act applies to the Developer’s Works, any costs, expenses or liabilities incurred by the City 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.

Right of City to claim on Guarantee. ‌ (a) The Developer and the Landowner agree 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; (ii) the Developer fails to comply with clause 5 of Schedule 3 of this document (provision of detailed design drawings and detailed costs estimate); (iii) the Developer fails to comply with clause 2 of Schedule 3 (payment of Monetary Contribution); (iv) 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)(iiclause 6.4(a)(ii); (iiv) an Insolvency Event occurs in respect of the Developer or the LandownerDeveloper; (iiivi) the Developer and the Landowner fail fails to deliver the Public Benefits in accordance with clause 5.2(b6.4(b); (ivvii) the Developer and Landowner fail fails to rectify a Defect in accordance with clause 8.2 of this document; (vviii) to the extent the DBP Act applies to the Developer’s Works, any Regulated Designs and Design Compliance Declarations detailed designs for those Regulated Designs in relation to the Developer’s Works are not procured by finalised between the Developer or Landowner (or parties within 12 months of the Developer’s or Landowner’s Personnel) as required by date of issue of a Construction Certificate that approves the DBP Act or construction of any structures above the DBP Regulation or otherwise not provided to ground floor of the City as and when required by this documentDevelopment; (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; (viiix) the Developer’s Works do not reach Completion within 60 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, such agreement not being unreasonably withheld having regard to the City’s regulatory obligations);; or (viiix) 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;; and (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 Regulated Designs in relation to the Developer’s Works to the City when required by this document; or (iv) to the extent the RAB (CEP) Act applies to the Developer’s Works, any costs, expenses or liabilities incurred by the City 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.

Right of City to claim on Guarantee. ‌ (a) The Developer and the Landowner agree 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 provide detailed design drawings and a 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 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)(iiclause 6.4(a)(ii); (iiiv) an Insolvency Event occurs in respect of the Developer or the LandownerDeveloper; (iiiv) the Developer and the Landowner fail fails to deliver the Public Benefits in accordance with clause 5.2(b6.4(b); (ivvi) the Developer and Landowner fail 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; (vviii) to the extent the DBP Act applies to the Developer’s Works, any Regulated Designs and Design Compliance Declarations detailed designs for those Regulated Designs in relation to the Developer’s Works are not procured by finalised between the Developer or Landowner (or parties within 12 months of the Developer’s or Landowner’s Personnel) as required by date of issue of a Construction Certificate that approves the DBP Act or construction of any structures above the DBP Regulation or otherwise not provided to ground floor of the City as and when required by this documentDevelopment; (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; (viiix) the Developer’s Works do not reach Completion within 60 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, such agreement not being unreasonably withheld having regard to the City’s regulatory obligations); (viiix) the Developer fails to maintain the Developer’s Works in accordance with clause 5.2; or (xi) 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;; and (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 Regulated Designs in relation to the Developer’s Works to the City when required by this document; or (iv) to the extent the RAB (CEP) Act applies to the Developer’s Works, any costs, expenses or liabilities incurred by the City 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.

Right of City to claim on Guarantee. (a) The Developer and the Landowner agree agrees that the City may itself or through the City’s Representative make an appropriation from the Guarantee (and the proceeds of the Guarantee, including any interest earned in respect of such proceeds) at any time, without notice to the Developer, in such amount as the City, acting reasonably, thinks appropriate if: (i) the Developer fails to comply with clause 9.2 of Schedule 3 of this document (provision of detailed design drawings and detailed costs estimate); (ii) 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)(iiclause 8.1(a)(ii); (iiiii) 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)Developer; (iv) the Developer and Landowner fail fails to deliver the Footpath Works in accordance with clauses 6.1 or 8.2; (v) the Developer fails to rectify a Defect in accordance with clause 8.2 10.2 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 detailed designs for the RAB (CEP) Act applies to Footpath Works are not finalised between the Developer’s Works, parties within 12 months of the City incurs date of issue of a Construction Certificate that approves the construction of any other cost, expense or liability in exercising its rights to appeal or make representations under clause 6.5(a)(iv) structures above the ground floor of Schedule 3 or 6.5(a)(vi) of Schedule 3the Development; (vii) the Developer’s Footpath Works do not reach Completion within 60 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, such agreement not being unreasonably withheld having regard to the City’s regulatory obligations);; or (viii) the City incurs or reasonably expects to incur 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 12.2 must be applied only towardstowards any or all of: (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 complete the Public BenefitsFootpath Works; (iii) the provision of public benefits elsewhere within the locality to the extent value of the DBP Act applies to Contribution Value, in the Developer’s Works, following circumstances: (A) by agreement between 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 Regulated Designs in relation to the Developer’s Works to the City when required by this documentparties under clause 8.1(a)(ii); or (B) insolvency of the Developer; and (iv) ensuring due and proper performance of the obligations of the Developer under this document. (c) The Developer is not entitled to, and must not seek, an injunction against either the City or the issuer of the Guarantee (if applicable) preventing a demand or payment under the Guarantee (whether the demand extends to the extent whole of the RAB (CEPGuarantee or part thereof) Act applies or the use to which the Developer’s Works, any costs, expenses or liabilities incurred by the City in exercising its rights to appeal or make representations under clause 6.5(a)(iv) proceeds of Schedule 3 or 6.5(a)(vi) of Schedule 3such a demand can be put.

Right of City to claim on Guarantee. (a) The Developer and the Landowner agree 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 0 of this document (provision of detailed design drawings and detailed costs estimate); (ii) the Developer fails to comply with clause 2 of 0 (payment of Monetary Contribution); (iii) 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)(iiclause 6.4(a)(ii); (iiiv) an Insolvency Event occurs in respect of the Developer or the LandownerDeveloper; (iiiv) the Developer and the Landowner fail fails to deliver the Public Benefits in accordance with clause 5.2(b6.4(b); (ivvi) the Developer and Landowner fail 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; (vviii) to the extent the DBP Act applies to the Developer’s Works, any Regulated Designs and Design Compliance Declarations detailed designs for those Regulated Designs in relation to the Developer’s Works are not procured by finalised between the Developer or Landowner (or parties within 12 months of the Developer’s or Landowner’s Personnel) as required by date of issue of a Construction Certificate that approves the DBP Act or construction of any structures above the DBP Regulation or otherwise not provided to ground floor of the City as and when required by this documentDevelopment; (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; (viiix) the Developer’s Works do not reach Completion within 60 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, such agreement not being unreasonably withheld having regard to the City’s regulatory obligations);; or (viiix) the Developer fails to maintain the Developer’s Works in accordance with clause 5.2 and Annexure A; or (xi) 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 10.3 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;; and (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 Regulated Designs in relation to the Developer’s Works to the City when required by this document; or (iv) to the extent the RAB (CEP) Act applies to the Developer’s Works, any costs, expenses or liabilities incurred by the City 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.

Right of City to claim on Guarantee. (a) The Developer and the Landowner agree agrees 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 BenefitsOnsite Affordable Housing, or any part of themit, in accordance with clauses 5.2(a)(i) and 5.2(a)(iiclause 5.2(a); (ii) an Insolvency Event occurs in respect of the Developer or the LandownerDeveloper; (iii) the Developer and the Landowner fail fails to deliver the Public Benefits Onsite Affordable Housing 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) 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; (viv) 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)(ivclauses 6.6(a)(iv) of Schedule 3 or 6.5(a)(vi6.6(a)(vi) of Schedule 3; (viivi) the Developer’s Works do Onsite Affordable Housing does not reach Practical Completion within 60 months of the date of issue of the first Construction Certificate in respect of that part of the Development that includes the Affordable Housing Building (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); (viiivii) 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 9.2(b) must be applied only towards: (i) the reasonable 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 BenefitsOnsite Affordable Housing; (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) 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 Regulated Designs in relation to the Developer’s Works to the City when required by this document; or (iv) to the extent the RAB (CEP) Act applies to the Developer’s Works, any costs, expenses or liabilities incurred by the City 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.appeal

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 Regulated Designs in relation to the Developer’s Works to the City when required by this document; or (iv) to the extent the RAB (CEP) Act applies to the Developer’s Works, any costs, expenses or liabilities incurred by the City 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.