Works. 5.1 The Buyer acknowledges that at the Date of this Contract the Works may not have been completed. 5.2 This Contract is subject to and conditional upon: (a) Operational Acceptance of the Works; and (b) registration of a Deposited Plan. 5.3 The Seller must use its best endeavours to obtain Operational Acceptance and register the Deposited Plan by the earlier date in the Estimated Date Range for Works specified in the Schedule if it has not done so already on the Date of this Contract. 5.4 The Seller may by notice to the Buyer vary the last date of the Estimated Date Range for Works by up to six (6) months (but no more without the express consent of the Buyer) where Operational Acceptance or registration of a Deposited Plan is delayed due to an event or events occurring beyond the Seller’s reasonable control, including but not limited to: (a) any non-compliance with statutory time frames by any government or regulatory authority that delays Operational Acceptance; (b) weather sufficiently inclement to prevent the Seller obtaining Operational Acceptance by the last date of the Estimated Date Range for Works; (c) industrial dispute; (d) unavailability of labour, plant or materials; or (e) any other reasonable cause or event beyond the control of the Seller. 5.5 Any notice of variation to the last date of the Estimated Date Range for Works must be in writing as soon as reasonably practicable and must set out: (a) the reasons for the delay to the Operational Acceptance of the Works or registration of a Deposited Plan; and (b) the amended Estimated Date Range for Works. 5.6 If Operational Acceptance and registration of a Deposited Plan have not been obtained by the later date in the Estimated Date Range for Works specified in the Schedule or as amended, either Party may rescind this Contract by notice to the other and the provisions of clause 28 will apply.
Appears in 5 contracts
Samples: First Grant Contract, First Grant Contract, First Grant Contract
Works. 5.1 The Buyer acknowledges that at the Date of this Contract the Works may not have been completed.
5.2 This Contract is subject to and conditional upon:
(a) Operational Acceptance of the Works; and
(b) registration of a Deposited Plan.
5.3 The Seller must use its best endeavours endeavors to obtain Operational Acceptance and register the Deposited Plan by the earlier date in the Estimated Date Range for Works specified in the Schedule if it has not done so already on the Date of this Contract.
5.4 The Seller may by notice to the Buyer vary the last date of the Estimated Date Range for Works by up to six (6) months (but no more without the express consent of the Buyer) where Operational Acceptance or registration of a Deposited Plan is delayed due to an event or events occurring beyond the Seller’s reasonable control, including but not limited to:
(a) any non-compliance with statutory time frames by any government or regulatory authority that delays Operational Acceptance;
(b) weather sufficiently inclement to prevent the Seller obtaining Operational Acceptance by the last date of the Estimated Date Range for Works;
(c) industrial dispute;
(d) unavailability of labour, plant or materials; or
(e) any other reasonable cause or event beyond the control of the Seller.
5.5 Any notice of variation to the last date of the Estimated Date Range for Works must be in writing as soon as reasonably practicable and must set out:
(a) the reasons for the delay to the Operational Acceptance of the Works or registration of a Deposited Plan; and
(b) the amended Estimated Date Range for Works.
5.6 If Operational Acceptance and registration of a Deposited Plan have not been obtained by the later date in the Estimated Date Range for Works specified in the Schedule or as amended, either Party may rescind this Contract by notice to the other and the provisions of clause 28 will apply.
5.7 The Seller discloses and the Buyer acknowledges that, as the date of this Contract, the Seller does not intend to provide reticulated gas to the Land.
Appears in 3 contracts
Samples: First Grant Contract, First Grant Contract, First Grant Contract
Works. 5.1 6.1 The Buyer acknowledges that at the Date of this Contract the Works may not have been completed.
5.2 6.2 The Seller discloses and the Buyer acknowledges that the Seller does not intend, at this stage, to provide reticulated gas to the Land.
6.3 This Contract is subject to and conditional upon:
(a) Operational Acceptance of the Works; and
(b) registration of a Deposited Plandeposited plan for the Stage.
5.3 6.4 The Seller must use its best endeavours to obtain Operational Acceptance and register the Deposited Plan deposited plan for the Stage by the earlier last date in the Estimated Date Range for Works specified in the Schedule if it has not done so already on the Date of this Contract.
5.4 6.5 The Seller may by notice to the Buyer vary the last date of the Estimated Date Range for Works by up to six (6) 9 months (but no more without the express consent of the Buyer) where Operational Acceptance or registration of a Deposited Plan is delayed due to an event or events occurring beyond the Seller’s reasonable control, including but not limited to:
(a) any non-compliance with statutory time frames by any government or regulatory authority that delays Operational Acceptance;
(b) weather sufficiently inclement to prevent the Seller obtaining Operational Acceptance by the last date of the Estimated Date Range for Works;
(c) industrial dispute;
(d) unavailability of labour, plant or materials; or
(e) any other reasonable cause or event beyond the control of the Seller.
5.5 6.6 Any notice of variation to the last date of the Estimated Date Range for Works must be in writing as soon as reasonably practicable and must set out:
(a) the reasons in general terms for the delay to the Operational Acceptance of the Works or registration of a Deposited PlanWorks; and
(b) the amended Estimated Date Range for Works.
5.6 6.7 If Operational Acceptance and registration of a Deposited Plan the deposited plan for the Stage have not been obtained (or the Seller, acting reasonably, advised the Buyer that it is unable to be obtained) by the later last date in the the, subject to Clause 6.8, Estimated Date Range for Works specified in the Schedule or as amended, either Party party may rescind this Contract by notice to the other and the provisions of clause 28 29 will apply.
6.8 A party may only exercise its right to rescind this Contract within 28 days of:
(a) the last date in the Estimated Date Range for the Work, or as amended, in accordance with the Contract; or
(b) the date that the Seller gives notice to the Buyer that the last date in the Estimated Date Range of Works specified in the Schedule is unable to be obtained which notice may be given at any time. For clarity, neither party may rescind after this date i.e. this Contract will remain on foot.
Appears in 3 contracts
Samples: Grant Contract, First Grant Contract, First Grant Contract
Works. 5.1 The Buyer acknowledges that at the Date of this Contract the Works may not have been completed.
5.2 This Contract is subject to and conditional upon:upon:
(a) Operational Acceptance of the Works; and
(b) registration of a Deposited Plandeposited plan for the Stage.
5.3 The Seller must use its best endeavours to obtain Operational Acceptance and register the Deposited Plan deposited plan for the Stage by the earlier date in the Estimated Date Range for Works specified in the Schedule if it has not done so already on the Date of this Contract.
5.4 The Seller may by notice to the Buyer vary the last date of the Estimated Date Range for Works by up to six (6) months (but no more without the express consent of the Buyer) where Operational Acceptance or registration of a Deposited Plan is delayed due to an event or events occurring beyond the Seller’s reasonable control, including but not limited to:
(a) any non-compliance with statutory time frames by any government or regulatory authority that delays Operational Acceptance;
(b) weather sufficiently inclement to prevent the Seller obtaining Operational Acceptance by the last date of the Estimated Date Range for Works;
(c) industrial dispute;
(d) unavailability of labour, plant or materials; or
(e) any other reasonable cause or event beyond the control of the Seller.
5.5 Any notice of variation to the last date of the Estimated Date Range for Works must be in writing as soon as reasonably practicable and must set out:
(a) the reasons for the delay to the Operational Acceptance of the Works or registration of a Deposited PlanWorks; and
(b) the amended Estimated Date Range for Works.
5.6 If Operational Acceptance and registration of a Deposited Plan the deposited plan for the Stage have not been obtained by the later date in the Estimated Date Range for Works specified in the Schedule or as amended, either Party party may rescind this Contract by notice to the other and the provisions of clause 28 30 will apply.
Appears in 3 contracts
Samples: Grant Contract, Grant Contract, Grant Contract
Works. 5.1 6.1 The Buyer acknowledges that at the Date of this Contract the Works may not have been completed.
5.2 6.2 The Seller discloses and the Buyer acknowledges that the Seller is not providing reticulated gas to the Land.
6.3 This Contract is subject to and conditional upon:
(a) Operational Acceptance of the Works; and
(b) registration of a Deposited PlanPlan for the Stage.
5.3 6.4 The Seller must use its best endeavours to obtain Operational Acceptance and register the Deposited Plan for the Stage by the earlier last date in the Estimated Date Range for Works specified in the Schedule if it has not done so already on the Date of this Contract.
5.4 6.5 The Seller may by notice to the Buyer vary the last date of the Estimated Date Range for Works by up to six (6) 9 calendar months (but no more without the express consent of the Buyer) where Operational Acceptance or registration of a Deposited Plan is delayed due to an event or events occurring beyond the Seller’s reasonable control, including but not limited to:
(a) any non-compliance with statutory time frames by any government or regulatory authority that delays Operational Acceptance;
(b) weather sufficiently inclement to prevent the Seller obtaining Operational Acceptance by the last date of the Estimated Date Range for Works;
(c) industrial dispute;
(d) unavailability of labour, plant or materials; or
(e) any other reasonable cause or event beyond the control of the Seller.
5.5 6.6 Any notice of variation to the last date of the Estimated Date Range for Works must be in writing as soon as reasonably practicable and must set out:
(a) the reasons in general terms for the delay to the Operational Acceptance of the Works or registration of a Deposited PlanWorks; and
(b) the amended Estimated Date Range for Works.
5.6 If 6.7 Subject to clause 6.8, if Operational Acceptance and registration of a Deposited Plan for the Stage have not been obtained (or the Seller, acting reasonably, advised the Buyer that it is unable to be obtained) by the later last date in the Estimated Date Range for Works specified in the Schedule or as amended, either Party party may rescind this Contract by notice to the other and the provisions of clause 28 29 will apply.
6.8 A party may only exercise its right to rescind this Contract within 28 days of:
(a) the last date in the Estimated Date Range for Works specified in the Schedule, or as amended, in accordance with this Contract; or
(b) the date that the Seller gives notice to the Buyer that the last date in the Estimated Date Range for Works specified in the Schedule is unable to be obtained, which notice may be given at any time. The right of the parties to rescind this Contract lapses after this date.
Appears in 2 contracts
Samples: First Grant Contract, First Grant Contract
Works. 5.1 6.1 The Buyer acknowledges that at the Date of this Contract the Works may not have been completed.
5.2 6.2 The Seller discloses and the Buyer acknowledges that the Seller does not intend, at this stage, to provide reticulated gas to the Land.
6.3 This Contract is subject to and conditional upon:
(a) Operational Acceptance of the Works; and
(b) registration of a Deposited Plandeposited plan for the Stage.
5.3 6.4 The Seller must use its best endeavours to obtain Operational Acceptance and register the Deposited Plan deposited plan for the Stage by the earlier last date in the Estimated Date Range for Works specified in the Schedule if it has not done so already on the Date of this Contract.
5.4 6.5 The Seller may by notice to the Buyer vary the last date of the Estimated Date Range for Works by up to six (6) 9 months (but no more without the express consent of the Buyer) where Operational Acceptance or registration of a Deposited Plan is delayed due to an event or events occurring beyond the Seller’s reasonable control, including but not limited to:
(a) any non-compliance with statutory time frames by any government or regulatory authority that delays Operational Acceptance;
(b) weather sufficiently inclement to prevent the Seller obtaining Operational Acceptance by the last date of the Estimated Date Range for Works;
(c) industrial dispute;
(d) unavailability of labour, plant or materials; or
(e) any other reasonable cause or event beyond the control of the Seller.
5.5 6.6 Any notice of variation to the last date of the Estimated Date Range for Works must be in writing as soon as reasonably practicable and must set out:
(a) the reasons in general terms for the delay to the Operational Acceptance of the Works or registration of a Deposited PlanWorks; and
(b) the amended Estimated Date Range for Works.
5.6 6.7 If Operational Acceptance and registration of a Deposited Plan the deposited plan for the Stage have not been obtained by the later last date in the Estimated Date Range for Works specified in the Schedule or as amended, either Party party may rescind this Contract by notice to the other and the provisions of clause 28 29 will apply.
Appears in 2 contracts
Samples: Land Development Contract, Land Development Contract
Works. 5.1 The Buyer acknowledges that at the Date of this Contract the Works may not have been completed.
5.2 This Contract is subject to and conditional upon:
(a) Operational Acceptance of the Works; and
(b) registration of a Deposited Plan.
5.3 The Seller must use its best endeavours endeavors to obtain Operational Acceptance and register the Deposited Plan by the earlier date in the Estimated Date Range for Works specified in the Schedule if it has not done so already on the Date of this Contract.
5.4 The Seller may by notice to the Buyer vary the last date of the Estimated Date Range for Works by up to six (6) months (but no more without the express consent of the Buyer) where Operational Acceptance or registration of a Deposited Plan is delayed due to an event or events occurring beyond the Seller’s reasonable control, including but not limited to:
(a) any non-compliance with statutory time frames f rames by any government or regulatory authority that delays Operational Acceptance;
(b) weather sufficiently inclement to prevent the Seller obtaining Operational Acceptance by the last date of the Estimated Date Range for Works;
(c) industrial dispute;
(d) unavailability of labour, plant or materials; or
(e) any other reasonable cause or event beyond the control of the Seller.
5.5 Any notice of variation to the last date of the Estimated Date Range for Works must be in writing as soon as reasonably practicable and must set out:
(a) the reasons for the delay to the Operational Acceptance of the Works or registration of a Deposited Plan; and
(b) the amended Estimated Date Range for Works.
5.6 If Operational Acceptance and registration of a Deposited Plan have not been obtained by the later date in the Estimated Date Range for Works specified in the Schedule or as amended, either Party may rescind this Contract by notice to the other and the provisions of clause 28 will apply.
Appears in 1 contract
Samples: First Grant Contract
Works. 5.1 The Buyer acknowledges that at the Date of this Contract the Works may not have been completed.
5.2 This Contract is subject to and conditional upon:
(a) Operational Acceptance of the Works; and
(b) registration of a Deposited Plan.
5.3 The Seller must use its best endeavours to obtain Operational Acceptance and register the Deposited Plan by the earlier date in the Estimated Date Range for Works specified in the Schedule if it has not done so already on the Date of this Contract.
5.4 The Seller may by notice to the Buyer vary the last date of the Estimated Date Range for Works by up to six (6) months (but no more without the express consent of the Buyer) where Operational Acceptance or registration of a Deposited Plan is delayed due to an event or events occurring beyond the Seller’s reasonable control, including but not limited to:
(a) any non-compliance with statutory time frames by any government or regulatory authority that delays Operational Acceptance;
(b) weather sufficiently inclement to prevent the Seller obtaining Operational Acceptance by the last date of the Estimated Date Range for Works;
(c) industrial dispute;
(d) unavailability of labour, plant or materials; or
(e) any other reasonable cause or event beyond beyo nd the control of the Seller.
5.5 Any notice of variation to the last date of the Estimated Date Range for Works must be in writing as soon as reasonably practicable and must set out:
(a) the reasons for the delay to the Operational Acceptance of the Works or registration of a Deposited Plan; and
(b) the amended Estimated Date Range for Works.
5.6 If Operational Acceptance and registration of a Deposited Plan have not been obtained by the later date in the Estimated Date Range for Works specified in the Schedule or as amended, either Party may rescind this Contract by notice to the other and the provisions of clause 28 31 will apply.
Appears in 1 contract
Samples: First Grant Contract
Works. 5.1 6.1 The Buyer acknowledges that at the Date of this Contract the Works may not have been completed.
5.2 6.2 The Seller discloses and the Buyer acknowledges that the Seller does not intend, at this stage, to provide reticulated gas to the Land.
6.3 This Contract is subject to and conditional upon:upon:
(a) Operational Acceptance of the Works; and
(b) registration of a Deposited Plandeposited plan for the Stage.
5.3 6.4 The Seller must use its best endeavours to obtain Operational Acceptance and register the Deposited Plan deposited plan for the Stage by the earlier last date in the Estimated Date Range for Works specified in the Schedule if it has not done so already on the Date of this Contract.
5.4 6.5 The Seller may by notice to the Buyer vary the last date of the Estimated Date Range for Works by up to six (6) 9 months (but no more without the express consent of the Buyer) where Operational Acceptance or registration of a Deposited Plan is delayed due to an event or events occurring beyond the Seller’s reasonable control, including but not limited to:to:
(a) any non-compliance with statutory time frames by any government or regulatory authority that delays Operational Acceptance;
(b) weather sufficiently inclement to prevent the Seller obtaining Operational Acceptance by the last date of the Estimated Date Range for Works;
(c) industrial dispute;
(d) unavailability of labour, plant or materials; or
(e) any other reasonable cause or event beyond the control of the Seller.
5.5 6.6 Any notice of variation to the last date of the Estimated Date Range for Works must be in writing as soon as reasonably practicable and must set out:
(a) the reasons in general terms for the delay to the Operational Acceptance of the Works or registration of a Deposited PlanWorks; and
(b) the amended Estimated Date Range for Works.
5.6 6.7 If Operational Acceptance and registration of a Deposited Plan the deposited plan for the Stage have not been obtained (or the Seller, acting reasonably, advised the Buyer that it is unable to be obtained) by the later last date in the the, subject to Clause 6.8, Estimated Date Range for Works specified in the Schedule or as amended, either Party party may rescind this Contract by notice to the other and the provisions of clause 28 29 will apply.
6.8 A party may only exercise its right to rescind this Contract within 28 days of:
(a) the last date in the Estimated Date Range for the Work, or as amended, in accordance with the Contract; or
(b) the date that the Seller gives notice to the Buyer that the last date in the Estimated Date Range of Works specified in the Schedule is unable to be obtained which notice may be given at any time. For clarity, neither party may rescind after this date i.e. this Contract will remain on foot.
Appears in 1 contract
Samples: First Grant Contract
Works.
5.1 The Buyer acknowledges that at the Date of this Contract the Works may not have been completed.
5.2 This Contract is subject to and conditional upon:
(a) Operational Acceptance of the Works; and
(b) registration of a Deposited Plan.
5.3 The Seller must use its best endeavours to obtain Operational Acceptance and register the Deposited Plan by the earlier date in the Estimated Date Range for Works specified in the Schedule if it has not done so already on the Date of this Contract.
5.4 The Seller may by notice to the Buyer vary the last date of the Estimated Date Range for Works by up to six (6) months (but no more without the express consent of the Buyer) where Operational Acceptance or registration of a Deposited Plan is delayed due to an event or events occurring beyond the Seller’s reasonable control, including but not limited to:
(a) any non-compliance with statutory time frames by any government or regulatory authority that delays Operational Acceptance;
(b) weather sufficiently inclement to prevent the Seller obtaining Operational Acceptance by the last date of the Estimated Date Range for Works;
(c) industrial dispute;
(d) unavailability of labour, plant or materials; or
(e) any other reasonable cause or event beyond the control of the Seller.
5.5 Any notice of variation to the last date of the Estimated Date Range for Works must be in writing as soon as reasonably practicable and must set out:
(a) the reasons for the delay to the Operational Acceptance of the Works or registration of a Deposited Plan; and
(b) the amended Estimated Date Range for Works.
5.6 If Operational Acceptance and registration of a Deposited Plan have not been obtained by the later date in the Estimated Date Range for Works specified in the Schedule or as amended, either Party may rescind this Contract by notice to the other and the provisions of clause 28 will apply.
Appears in 1 contract
Samples: First Grant Contract
Works. 5.1 The Buyer acknowledges that at the Date of this Contract the Works may not have been completed.
5.2 This Contract is subject to and conditional upon:
(a) Operational Acceptance of the Works; and
(b) registration of a Deposited Plan.
5.3 The Seller must use its best endeavours endeavors to obtain Operational Acceptance and register the Deposited Plan by the earlier date in the Estimated Date Range for Works specified in the Schedule if it has not done so already on the Date of this Contract.
5.4 The Seller may by notice to the Buyer vary the last date of the Estimated Date Range for Works by up to six (6) months (but no more without the express consent of the Buyer) where Operational Acceptance or registration of a Deposited Plan is delayed due to an event or events occurring beyond the Seller’s reasonable control, including but not limited to:
(a) any non-compliance with statutory time frames by any government or regulatory authority that delays Operational Acceptance;
(b) weather sufficiently inclement to prevent the Seller obtaining Operational Acceptance by the last date of the Estimated Date Range for Works;
(c) industrial dispute;
(d) unavailability of labour, plant or materials; or
(e) any other reasonable cause or event beyond the control of the Seller.
5.5 Any notice of variation to the last date of the Estimated Date Range for Works must be in writing as soon as reasonably practicable and must set out:
(a) the reasons for the delay to the Operational Acceptance of the Works or registration of a Deposited Plan; and
(b) the amended Estimated Date Range for Works.
5.6 If Operational Acceptance and registration of a Deposited Plan have not been obtained by the later date in the Estimated Date Range for Works specified in the Schedule or as amended, either Party may rescind this Contract by notice to the other and the provisions of clause 28 will apply.
Appears in 1 contract
Samples: First Grant Contract
Works. 5.1 The Buyer acknowledges that at the Date of this Contract the Works may not have been completed.
5.2 This Contract is subject to and conditional upon:
(a) Operational Acceptance of the Works; and
(b) registration of a Deposited Plan.
5.3 The Seller must use its best endeavours to obtain Operational Acceptance and register the Deposited Plan by the earlier date in the Estimated Date Range for Works specified in the Schedule if it has not done so already on the Date of this Contract.
5.4 The Seller may by notice to the Buyer vary the last date of the Estimated Date Range for Works by up to six (6) months (but no more without the express consent of the Buyer) where Operational Acceptance or registration of a Deposited Plan is delayed due to an event or events occurring beyond the Seller’s reasonable control, including but not limited to:
(a) any non-compliance with statutory time frames by any government or regulatory authority that delays Operational Acceptance;
(b) weather sufficiently inclement to prevent the Seller obtaining Operational Acceptance by the last date of the Estimated Date Range for Works;
(c) industrial dispute;
(d) unavailability of labour, plant or materials; or
(e) any other reasonable cause or event beyond the control of the Seller.
5.5 Any notice of variation to the last date of the Estimated Date Range for Works must be in writing as soon as reasonably practicable and must set out:
(a) the reasons for the delay to the Operational Acceptance of the Works or registration of a Deposited Plan; and
(b) the amended Estimated Date Range for Works.
5.6 If Operational Acceptance and registration of a Deposited Plan have not been obtained by the later date in the Estimated Date Range for Works specified in the Schedule or as amended, either Party may rescind this Contract by notice to the other and the provisions of clause 28 31 will apply.
Appears in 1 contract
Samples: First Grant Contract
Works.
5.1 The Buyer acknowledges that at the Date of this Contract the Works may not have been completed.
5.2 This Contract is subject to and conditional upon:
(a) Operational Acceptance of the Works; and
and (b) registration of a Deposited Plan.
5.3 The Seller must use its best endeavours endeavors to obtain Operational Acceptance and register the Deposited Plan by the earlier date in the Estimated Date Range for Works specified in the Schedule if it has not done so already on the Date of this Contract.
5.4 The Seller may by notice to the Buyer vary the last date of the Estimated Date Range for Works by up to six (6) months (but no more without the express consent of the Buyer) where Operational Acceptance or registration of a Deposited Plan is delayed due to an event or events occurring beyond the Seller’s reasonable control, including but not limited to:
(a) any non-compliance with statutory time frames f rames by any government or regulatory authority that delays Operational Acceptance;
(b) weather sufficiently suf f iciently inclement to prevent the Seller obtaining Operational Acceptance by the last date of the Estimated Date Range for Works;
(c) industrial dispute;
(d) unavailability of labour, plant or materials; or
(e) any other reasonable cause or event beyond the control of the Seller.
5.5 Any notice of variation to the last date of the Estimated Date Range for Works must be in writing as soon as reasonably practicable and must set out:
(a) the reasons for f or the delay to the Operational Acceptance of the Works or registration of a Deposited Plan; and
(b) the amended Estimated Date Range for Works.
5.6 If Operational Acceptance and registration of a Deposited Plan have not been obtained by the later date in the Estimated Date Range for f or Works specified in the Schedule or as amended, either Party may rescind this Contract by notice to the other and the provisions of clause 28 will apply.
Appears in 1 contract
Samples: First Grant Contract
Works.
5.1 The Buyer acknowledges that at the Date of this Contract the Works may not have been completed.
5.2 This Contract is subject to and conditional upon:upon:
(a) Operational Acceptance of the Works; and
(b) registration of a Deposited Plandeposited plan for the Stage.
5.3 The Seller must use its best endeavours to obtain Operational Acceptance and register the Deposited Plan deposited plan for the Stage by the earlier date in the Estimated Date Range for Works specified in the Schedule if it has not done so already on the Date of this Contract.
5.4 The Seller may by notice to the Buyer vary the last date of the Estimated Date Range for Works by up to six (6) months (but no more without the express consent of the Buyer) where Operational Acceptance or registration of a Deposited Plan is delayed due to an event or events occurring beyond the Seller’s reasonable control, including but not limited to:to:
(a) any non-compliance with statutory time frames by any government or regulatory authority that delays Operational Acceptance;
(b) weather sufficiently inclement to prevent the Seller obtaining Operational Acceptance by the last date of the Estimated Date Range for Works;
(c) industrial dispute;
(d) unavailability of labour, plant or materials; or
(e) any other reasonable cause or event beyond the control of the Seller.
5.5 Any notice of variation to the last date of the Estimated Date Range for Works must be in writing as soon as reasonably practicable and must set out:
(a) the reasons for the delay to the Operational Acceptance of the Works or registration of a Deposited PlanWorks; and
(b) the amended Estimated Date Range for Works.
5.6 If Operational Acceptance and registration of a Deposited Plan the deposited plan for the Stage have not been obtained by the later date in the Estimated Date Range for Works specified in the Schedule or as amended, either Party party may rescind this Contract by notice to the other and the provisions of clause 28 32 will apply.
Appears in 1 contract
Samples: First Grant Contract
Works. 5.1 6.1 The Buyer acknowledges that at the Date of this Contract the Works may not have been completed.
5.2 6.2 The Seller discloses and the Buyer acknowledges that the Seller does not intend, at this stage, to provide reticulated gas to the Land.
6.3 This Contract is subject to and conditional upon:upon:
(a) Operational Acceptance of the Works; and
(b) registration of a Deposited Plandeposited plan for the Stage.
5.3 6.4 The Seller must use its best endeavours to obtain Operational Acceptance and register the Deposited Plan deposited plan for the Stage by the earlier last date in the Estimated Date Range for Works specified in the Schedule if it has not done so already on the Date of this Contract.Contract.
5.4 6.5 The Seller may by notice to the Buyer vary the last date of the Estimated Date Range for Works by up to six (6) 9 months (but no more without the express consent of the Buyer) where Operational Acceptance or registration of a Deposited Plan is delayed due to an event or events occurring beyond the Seller’s reasonable control, including but not limited to:
(a) any non-compliance with statutory time frames by any government or regulatory authority that delays Operational Acceptance;
(b) weather sufficiently inclement to prevent the Seller obtaining Operational Acceptance by the last date of the Estimated Date Range for Works;
(c) industrial dispute;
(d) unavailability of labour, plant or materials; or
(e) any other reasonable cause or event beyond the control of the Seller.
5.5 6.6 Any notice of variation to the last date of the Estimated Date Range for Works must be in writing as soon as reasonably practicable and must set out:
(a) the reasons in general terms for the delay to the Operational Acceptance of the Works or registration of a Deposited PlanWorks; and
(b) the amended Estimated Date Range for Works.
5.6 6.7 If Operational Acceptance and registration of a Deposited Plan the deposited plan for the Stage have not been obtained , (or the Seller, acting reasonably, advised the Buyer that it is unable to be obtained) by the later last date in the the, subject to Clause 6.8, Estimated Date Range for Works specified in the Schedule or as amended, either Party party may rescind this Contract by notice to the other and the provisions of clause 28 29 will apply.
6.8 A party may only exercise its right to rescind this Contract within 28 days of:
(a) the last date in the Estimated Date Range for the Work, or as amended, in accordance with the Contract; or
(b) the date that the Seller gives notice to the Buyer that the last date in the Estimated Date Range of Works specified in the Schedule is unable to be obtained which notice may be given at any time. For clarity, neither party may rescind after this date i.e. this Contract will remain on foot.
Appears in 1 contract
Samples: First Grant Contract
Works. 5.1 The Buyer acknowledges that at the Date of this Contract the Works may not have been completed.
5.2 This Contract is subject to and conditional upon:
(a) Operational Acceptance of the Works; and
(b) registration of a Deposited PlanPlan for the Stage.
5.3 The Seller must use its best endeavours to obtain Operational Acceptance and register the Deposited Plan for the Stage by the earlier date in the Estimated Date Range for Works specified in the Schedule if it has not done so already on the Date of this Contract.
5.4 The Seller may by notice to the Buyer vary the last date of the Estimated Date Range for Works by up to six (6) months (but no more without the express consent of the Buyer) where Operational Acceptance or registration of a Deposited Plan is delayed due to an event or events occurring beyond the Seller’s reasonable control, including but not limited to:
(a) any non-compliance with statutory time frames by any government or regulatory authority that delays Operational Acceptance;
(b) weather sufficiently inclement to prevent the Seller obtaining Operational Acceptance by the last date of the Estimated Date Range for Works;
(c) industrial dispute;
(d) unavailability of labour, plant or materials; or
(e) any other reasonable cause or event beyond the control of the Seller.
5.5 Any notice of variation to the last date of the Estimated Date Range for Works must be in writing as soon as reasonably practicable and must set out:
(a) the reasons for the delay to the Operational Acceptance of the Works or registration of a Deposited PlanWorks; and
(b) the amended Estimated Date Range for Works.
5.6 If Operational Acceptance and registration of a Deposited Plan the deposited plan for the Stage have not been obtained by the later date in the Estimated Date Range for Works specified in the Schedule or as amended, either Party party may rescind this Contract by notice to the other and the provisions of clause 28 31 will apply.
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Samples: Grant Contract