Risk of contamination. (a) The Developer acknowledges and agrees: (i) that it is responsible for the management and remediation of any contamination present upon or under the land on which the Works are to be carried out; (ii) it will attend to any necessary remediation at its own costs; and (iii) to the fullest extent permitted by Law indemnify and release the Council from any Claim which might arise from any contamination with respect to the land on which the Works are to be carried out. (b) Prior to the dedication of any part of the Land to Council, the Developer must provide to Council’s reasonable satisfaction, certification by a qualified person, that the land is not contaminated and is suitable for the proposed use.
Appears in 3 contracts
Samples: Voluntary Planning Agreement, Voluntary Planning Agreement, Voluntary Planning Agreement
Risk of contamination. (a) The Developer acknowledges and agrees:
(i) that it is responsible for the management and remediation of any contamination present upon or under the land on which the Works are to be carried out;
(ii) it will attend to any necessary remediation at its own costs; and
(iii) to the fullest extent permitted by Law indemnify and release the Council from any Claim which might arise from any contamination with respect to the land on which the Works are to be carried out, existing on the Land before the date on which the Dedication Land is dedicated to Council.
(b) Prior to the dedication of any part of the Land to Council, the Developer must provide to Council’s reasonable satisfaction, certification by a qualified person, that the land is not contaminated and is suitable for the proposed use.
Appears in 1 contract
Samples: Voluntary Planning Agreement