Common use of Occupation Certificate Clause in Contracts

Occupation Certificate. (a) The Developer must ensure that, on the date of transfer of the Contribution Land in accordance with clause 1.2 of this Schedule 5 or acquisition of the Contribution Land in accordance with clause 1.3 of this Schedule 5: (i) all works and fit out of the Contribution Land are complete so that the Contribution Land is fit for purpose and able to be occupied and used as an Affordable Housing Unit; and (ii) an Occupation Certificate has been issued for the Contribution Land authorising its occupation and use under the Act. (b) If the Contribution Land is transferred to Council without the Developer first obtaining an Occupation Certificate, then Council can obtain the Occupation Certificate itself at the Developer’s cost and may call on any Security provided under Schedule 10 of this Deed to recover the cost of doing so. (c) If the Council is unable to obtain an Occupation Certificate under paragraph (b) of this clause, because any works to the Contribution Land are incomplete or defective, the Council may give a Rectification Notice under clause 1.24 of Schedule 4 requiring the completion of those works or rectification of those defects, as well as requiring the Developer to obtain an Occupation Certificate for the Contribution Land. Schedule 6 - Notification and rectification of breach‌‌‌ 1. Notice of breach

Occupation Certificate. (a) The Developer must ensure that, on the date of transfer of the Contribution Land in accordance with clause 1.2 of this Schedule 5 or acquisition of the Contribution Land in accordance with clause 1.3 of this Schedule 5: (i) all works and fit out of the Contribution Land are complete so that the Contribution Land is fit for purpose and able to be occupied and used as an Affordable Housing Unit; and (ii) an Occupation Certificate has been issued for the Contribution Land authorising its occupation and use under the EP&A Act. (b) If the Contribution Land is transferred to Council without the Developer first obtaining an Occupation Certificate, then Council can obtain the Occupation Certificate itself at the Developer’s cost and may call on any Security Bank Guarantee provided under Schedule 10 of this Deed to recover the cost of doing so. (c) If the Council is unable to obtain an Occupation Certificate under paragraph (b) of this clause, because any works to the Contribution Land are incomplete or defective, the Council may give a Rectification Notice under clause 1.24 of Schedule 4 requiring the completion of those works or rectification of those defects, as well as requiring the Developer to obtain an Occupation Certificate for the Contribution Land. Schedule 6 - Notification and rectification of breach‌‌‌. 1. Notice of breach