DEVELOPER LIMITATION OF LIABILITY Sample Clauses
DEVELOPER LIMITATION OF LIABILITY. [Note: Insert standard Limitation of Liability Provisions]
1. Land Lot 1 in DP778342 known as ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇.
2. Development The redevelopment of the Land for a Commercial Premises that is permitted by the controls proposed in the Planning Proposal and subject to the resultant Instrument Change. The total Gross Floor Area for the Land is 73,202 square metres.
3. City’s Representative Name: Director, Planning, Development and Transport Address: ▇▇▇▇▇ ▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ Email: ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇▇.▇▇ Or such alternative representative nominated by the City from time to time and notified in writing to the Developer’s Representative
4. Developer’s Representative Name: ▇▇▇▇▇▇▇ ▇▇▇▇ Address: ▇▇▇▇▇ ▇▇, ▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Sydney NSW 2000 Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇ Or such alternative representative nominated by the Developer from time to time and notified in writing to the City’s Representative
5. Development Application Any and all development application(s) submitted to the City in connection with the Development.
6. Guarantee Amount $375,000
7. Guarantee Amount Due Date Prior to the issue of a Construction Certificate permitting construction under the Building Contract. Requirements under the Act and Regulation (clause 2) The below table summarises how this document complies with the Act and Regulation.
1. Planning instrument and/or development application (section 7.4(1) of the Act) The Developer has: (a) sought a change to an environmental planning instrument; (a) Yes (b) made, or proposes to make, a Development Application; or (b) Yes (c) entered into an agreement with, or is otherwise associated with, a person, to whom paragraph (a) or (b) applies. (c) No
2. Description of land to which this document applies (section 7.4(3)(a) of the Act) Item 1 of Schedule 1.
3. Description of change to the environmental planning instrument to which this document applies and/or the development to which this document applies (section 7.4(3)(b) of the Act) The Development and/or the environmental planning instrument as described in clause 2.1.
4. The nature and extent of the provision to be made by the developer under this document, the time or times by which the provision is to be made and the manner in which the provision is to be made (section 7.4(3)(c) of the Act) Schedule 3 and Annexure A.
5. Whether this document excludes (wholly or in part) of does not exclude the application of section 7.11, 7.12 or 7.24 to the deve...
DEVELOPER LIMITATION OF LIABILITY. 18.16.1 The Trust Company (Australia) Limited as trustee for ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Trust
(a) The Trust Company (Australia) Limited (“Trustee”) enters into this document only in its capacity as Trustee of the ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Trust (“the Trust”) and in no other capacity. A liability arising under or in connection with this document is limited to and can be enforced against Trustee only to the extent to which it can be satisfied out of property of the Trust out of which Trustee is actually indemnified for the liability. This limitation of Trustee’s liability applies despite any other provision of this document and extends to all liabilities and obligations of Trustee in any way connected with any representation, warranty, conduct, omission, agreement or transaction related to this document.
(b) The parties other than Trustee may not sue Trustee in any capacity other than as Trustee of the Trust, including seek the appointment of a receiver (except in relation to property of the Trust ), a liquidator, an administrator or any similar person to Trustee as Trustee or prove in any liquidation, administration or arrangement of or affecting Trustee (except in relation to property of the Trust ).
(c) The provisions of this clause 18.16.1 shall, subject to clause 18.16.1(d), not apply to any obligation or liability of Trustee to the extent that it is not satisfied because under the constitution establishing the Trust or by operation of law there is a reduction in the extent of Trustee’s indemnification out of the assets of the Trust , as a result of Trustee’s failure to properly perform its duties as Trustee. For these purposes, it is agreed that Trustee cannot be regarded as having failed to properly perform its duties as Trustee to the extent to which any failure by Trustee to satisfy its obligations or breach of representation or warranty under this document has been caused or contributed to by a failure by any other party to fulfil its obligations under the document or any other act or omission of any other party.
(d) Nothing in clause 18.16.1(c) shall make Trustee liable to any claim for an amount greater than the amount which the other parties would have been able to claim and recover from the assets of the Trust in relation to the relevant liability if Trustee’s right of indemnification out of the assets of the Trust has not been prejudiced by Trustee’s failure to properly perform its duties.
(e) Trustee is not obliged to do or refrain from doing anything u...