Common use of Developer to provide Security Clause in Contracts

Developer to provide Security. (a) The Developer has agreed to provide security to the Council for the performance of the Developer's obligations under this deed by providing the Security to the Council in accordance with the terms and procedures set out in Schedule 5. (b) If the Developer does not dedicate land required to be dedicated under this Deed at the time at which it is required to be dedicated, the Developer consents to the Council compulsorily acquiring the land for compensation in the amount of $1.00 without having to follow the pre- acquisition procedure under the Just Terms Act. (c) The Council is to only acquire land pursuant to clause 6.1(b) if it considers it reasonable to do so having regard to the circumstances surrounding the failure by the Developer to dedicate the land required to be dedicated under this ▇▇▇▇. (d) Clause 6.1(b) constitutes an agreement for the purposes of s30 of the Just Terms Act. (e) If, as a result of the acquisition referred to in clause 6.1(b), the Council is required to pay compensation to any person other than the Developer, the Developer is to reimburse the Council that amount, upon a written request being made by the Council, or the Council can call on any Security provided under clause 6. (f) The Developer indemnifies and keeps indemnified the Council against all Claims made against the Council as a result of any acquisition by the Council of the whole or any part of the land concerned except if, and to the extent that, the Claim arises because of the Council's negligence or default. (g) The Developer is to promptly do all things necessary, and consents to the Council doing all things necessary, to give effect to this clause 6, including without limitation: (i) signing any documents or forms, (ii) giving land owner’s consent for lodgement of any Development Application, (iii) producing certificates of title to the Registrar-General under the Real Property Act 1900, and (iv) paying the Council's costs arising under this clause 6.1

Developer to provide Security. (a) The Developer has agreed to provide security to the Council for the performance of the Developer's obligations under this deed by providing the Security to the Council in accordance with the terms and procedures set out in Schedule 5. (b) If the Developer does not dedicate land required to be dedicated under this Deed at the time at which it is required to be dedicated, the Developer consents to the Council compulsorily acquiring the land for compensation in the amount of $1.00 without having to follow the pre- acquisition procedure under the Just Terms Act. (c) The Council is to only acquire land pursuant to clause 6.1(b) if it considers it reasonable to do so having regard to the circumstances surrounding the failure by the Developer to dedicate the land required to be dedicated under this ▇▇▇▇Deed. (d) Clause 6.1(b) constitutes an agreement for the purposes of s30 of the Just Terms Act. (e) If, as a result of the acquisition referred to in clause 6.1(b), the Council is required to pay compensation to any person other than the Developer, the Developer is to reimburse the Council that amount, upon a written request being made by the Council, or the Council can call on any Security provided under clause 6. (f) The Developer indemnifies and keeps indemnified the Council against all Claims made against the Council as a result of any acquisition by the Council of the whole or any part of the land concerned except if, and to the extent that, the Claim arises because of the Council's negligence or default. (g) The Developer is to promptly do all things necessary, and consents to the Council doing all things necessary, to give effect to this clause 6, including without limitation: (i) signing any documents or forms, (ii) giving land owner’s consent for lodgement of any Development Application, (iii) producing certificates of title to the Registrar-General under the Real Property Act 1900▇▇▇ ▇▇▇▇, and (iv) paying the Council's costs arising under this clause 6.1