Security and Enforcement. 11.1. On or before the date of this Agreement, the Developer must pay the amount of $40,000.00 into the trust account of XxXxxxxxx Xxxxx Lawyers (Security), which is to be held on trust for the parties pending the Instrument Change occurring.
11.2. The Developer irrevocably authorizes XxXxxxxxx Xxxxx Lawyers to release the Security to Council upon direction in writing from Council to XxXxxxxxx Xxxxx Lawyers after the Instrument Change has occurred.
11.3. The parties may enter into further written agreements and/or agree on the payment of security in substitution for the security arrangements under this clause 11.
Security and Enforcement. (a) VGPO reaffirms, acknowledges and agrees that the Purchase Price, the Arrears and the rights of the Software Owners under this Agreement are and shall continue to be secured under the Security Agreements.
(b) The Software Owners shall have the right to enforce any breach of this Agreement by VGPO by whatever remedies are available under law including specifically, but not exclusively through exercise of their rights as secured parties under the Security Agreements.
Security and Enforcement. 12.1. A Subdivision Certificate creating a Final Lot must not be issued for the Development until the Developer has provided the Development Contribution pursuant to clause 10.2. The partiesmay enter into further written agreements and/or agree on thepayment of security in substitution for the issuing of an Occupation Certificate under this clause 12.1.
12.2. Without limiting any other remedies available to the Parties, this Agreement may be enforced by either Party in any court of competent jurisdiction.
12.3. For the avoidance of doubt, nothing in this Agreement prevents:
(a) a Party from bringing proceedings in the Land and Environment Court to enforce any aspect of this Agreement or any matter to which this Agreement relates,
(b) the Council from exercising any function under the Act or any other Act or law relating to the enforcement of any aspect of this Agreement or any matter to which this Agreement relates.
Security and Enforcement. 11.1. If the Landowner does not Transfer any part of the Biodiversity Lot that it owns to Council in accordance with clause 1 of this Schedule, the Landowner consents to Council compulsorily acquiring the Biodiversity Lot in accordance with the Land Acquisition (Just Terms Compensation) Xxx 0000 (NSW) for the amount of $1.00.
11.2. The Landowner and Council agree that:
(a) this clause 11 is an agreement between them for the purposes of section 30 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW); and
(b) in this clause 11 they have agreed on all relevant matters concerning the compulsory acquisition and the compensation to be paid for the acquisition.
11.3. The Landowner indemnifies and agrees to keep indemnified Council, and/or his nominee against all claims made against Council or his nominee as a result of any compulsory acquisition by Council or his nominee of the whole or any part of the Biodiversity Lot.
11.4. The Landowner must pay Council, promptly on demand, an amount equivalent to all costs incurred by Council compulsorily acquiring the whole or any part of the Biodiversity Lot as contemplated by this clause 11.
Security and Enforcement. 11.1 Nothing in this Agreement prevents Council from exercising any function under the Act or any other Act or law relating to the enforcement of any aspect of this Agreement (including the breach of this Agreement by the Developer) or any matter to which this Agreement relates.
11.2 Until such time as the Development Contribution has been paid in full the Developer must:
a) notify Council in writing of the name and contact details of any Certifying Authority to which it has applied for a Construction Certificate at the same time that such application is made;
b) at the time it lodges any application for a construction certificate notify the Certifying Authority in writing of the existence and terms of this Agreement;
c) procure and provide to Council a written acknowledgement from the Certifying Authority addressed to Council confirming that the Certifying Authority will not issue a Construction Certificate until Council provides written confirmation that the Development Contribution has been paid.
11.3 The Developer acknowledges and agrees that Council has a caveatable interest in the Land from the date of Development Consent and shall be entitled to lodge and maintain a caveat on the title to the Land notifying Council’s interest created by this Agreement.
11.4 The Developer will upon execution of this Agreement deliver to Council a caveat in registrable form with the consent to caveat signed by the Developer notifying Council’s interest created by this Agreement together with a cheque in favour of Land & Property Information, NSW for the registration fee on the caveat.
11.5 Council will provide such written consents and registrable documents to the Developer to enable the Land to be mortgaged provided that the mortgagee acknowledges Council’s interest in the Land under this Agreement and agrees to the registration of this Agreement in accordance with its terms.
11.6 Upon registration of the Agreement on the title to the Land in accordance with clause 8 or payment/provision of the Development Contribution to Council or surrender of the Development Consent, the Developer will be entitled to withdrawal of the caveat.
11.7 In addition to the above, the Developer must provide the Security Arrangements as set out in Schedule 6.
Security and Enforcement. 11.1. On or before the date of this Agreement, the Developer must pay the amount of $40,000.00 into the trust account of XxXxxxxxx Xxxxx Lawyers (Security), which is to be held on trust for the parties pending the Instrument Change occurring.
11.2. The Developer irrevocably authorizes XxXxxxxxx Xxxxx Lawyers to release the Security to Council upon direction in writing from Council to XxXxxxxxx Xxxxx Lawyers after the Instrument Change has occurred.
11.3. The parties may enter into further written agreements and/or agree on thepayment of security in substitution for the issuing of an Occupation Certificate under this clause 11.
11.4. Without limiting any other remedies available to the Parties, this Agreement may be enforced by either Party in any court of competent jurisdiction.
11.5. For the avoidance of doubt, nothing in this Agreement prevents:
(a) a Party from bringing proceedings in the Land and Environment Court to enforce any aspect of this Agreement or any matter to which this Agreement relates,
(b) the Council from exercising any function under the Act or any other Act or law relating to the enforcement of any aspect of this Agreement or any matter to which this Agreement relates.
Security and Enforcement. 11.1. An Occupation Certificate must not be issued for the Development until the Developer has provided the Development Contribution pursuant to clause 10.2. The parties may enter into further written agreements and/or agree on the payment of security in substitution for the issuing of an Occupation Certificate under this clause 11.1.
Security and Enforcement. 10.1. The following security provisions apply:
(a) A Subdivision Certificate for Stage 1 must not be issued for the Development until the Developer has provided the Stage 1 Works pursuant to clause 8;
(b) A Subdivision Certificate for Stage 2 must not be issued for the Development until the Developer has provided the Stage 2 Works pursuant to clause 8; and
(c) A Construction Certificate and/or Subdivision Works Certificate for Stage 3 must not be issued for the Development until the Developer has provided the Stage 3 Works pursuant to clause 8.
(d) For each certificate above, the Developer will not commence any appeal under the Act against a certificate’s non-issue if the relevant Development Contribution has not been provided according to this Agreement.
10.2. The parties may enter into further written agreements and/or agree on the payment of security in substitution for the prohibition against issuing of certain certificates under clause 10.1.
Security and Enforcement. (a) On the execution of this Agreement, the Developer must provide to Council a Bank Guarantee in the amount of $366,300.
(b) The Bank Guarantee is to be on unconditional terms with the exception of an expiry date that is not to be less than 5 years from the date of this agreement.
(c) Council may (at it absolute discretion) call on the Bank Guarantee provided under this clause if the Developer is in material or substantial breach of the obligation to pay the Contribution Amount under this agreement.
(d) Council may apply the proceeds of the Bank Guarantee provided under this clause in satisfaction of:
(i) any obligation of the Developer under this Deed to pay the Contribution Amount, and
(ii) any associated liability, loss, cost, charge or expense directly or indirectly incurred by Council because of the failure of the Developer to pay the Contribution Amount.
Security and Enforcement. 17 Registration of this agreement
