Common use of Procedure for assignment Clause in Contracts

Procedure for assignment. (1) If the: (a) Developer wishes to Assign any part of the Land; and/or (b) Developer wishes to Assign its rights or obligations under this document, then the Developer must: (c) provide a written request to Council for the consent of Council to the relevant Assignment; (d) provide Council with any evidence required by Council, acting reasonably, to satisfy Council that the third party in whose favour the Assignment is to be made (Assignee) is reasonably capable of performing the obligations under this document that are to be Assigned to it; (e) obtain written consent of Council to the relevant Assignment, which cannot be unreasonably withheld if the Developer complies with the requirements of this clause 9.2(1); (f) at no cost to Council, procure the execution by the Assignee of an appropriate deed where the Assignee agrees to be bound by the terms of this document; and (g) procure that any Bank Guarantee held by Council under this document is replaced by an identical Bank Guarantee provided by the Assignee. (2) Council is under no obligation to consider granting its consent to any request made by the Developer under paragraph (1) if, at the time the request is made, the Developer is in breach of this document, unless that breach is waived by Council.

Appears in 1 contract

Sources: Planning Agreement

Procedure for assignment. (1) If thethe Developer: (a) Developer wishes to Assign any part of the Land; and/or (b) Developer wishes to Assign its rights or obligations under this document, then the Developer must: (c) provide a written request to Council for the consent of Council to the relevant Assignment; (d) provide Council with any evidence required by Council, acting reasonably, to satisfy Council that the third party in whose favour the Assignment is to be made (Assignee) is reasonably capable of performing the obligations under this document that are to be Assigned to it; (e) obtain written consent of Council to the relevant Assignment, Assignment (such consent which canmust not be unreasonably withheld if subject to the Developer complies complying with the requirements of this clause 9.2(112.2);; and (f) at no cost to Council, procure procure: (i) the execution by the Assignee of an appropriate deed where the Assignee agrees to be bound by the terms of this document; and (gii) procure the provision of all Securities to Council by the Assignee that any Bank Guarantee held by Council the Developer is required to provide under this document is replaced (and any additional securities if required by an identical Bank Guarantee provided by Council acting reasonably) at the Assigneesame time as, or prior to, entering into that deed. (2) Council is under no obligation to consider granting its consent to any request made by the Developer under paragraph (11)(c) if, at the time the request is made, the Developer is in breach of this document, unless that breach is waived by Council.

Appears in 1 contract

Sources: Planning Agreement

Procedure for assignment. (1) If the: (a) Developer wishes Owners wish to Assign any part of the Land; and/or (b) Developer or Owners wishes to Assign its their rights or obligations under this document, then the Developer and Owners (as the case may be) must: (c) provide a written request to Council for the consent of Council to the relevant Assignment; (d) provide Council with any evidence required by Council, acting reasonably, to satisfy Council that the third party in whose favour the Assignment is to be made (Assignee) is reasonably capable of performing the obligations under this document that are to be Assigned to it; (e) obtain written consent of Council to the relevant Assignment, which cannot be unreasonably withheld if the Developer complies with the requirements of this clause 9.2(1);; and (f) at no cost to Council, procure procure: (i) the execution by the Assignee of an appropriate deed where the Assignee agrees to be bound by the terms of this document; and (gii) procure the provision of all Security to Council by the Assignee that any Bank Guarantee held by Council the Developer is required to provide under this document is replaced (and any additional securities if required by an identical Bank Guarantee provided by Council acting reasonably) at the Assigneesame time as, or prior to, entering into that deed. (2) Council is under no obligation to consider granting its consent to any request made by the Developer or Owners under paragraph (1) if, at the time the request is made, the Developer is or Owners are in breach of this document, unless that breach is waived by Council.

Appears in 1 contract

Sources: Planning Agreement

Procedure for assignment. (1) If thethe Developer: (a) Developer wishes to Assign any part of the Land, other than an End User Lot; and/or (b) Developer wishes to Assign its rights or obligations under this documentPlanning Agreement, then the Developer must: (c) provide a written request to Council for the consent of Council to the relevant Assignment;Assignment;β€Œ (d) provide Council with any evidence required by Council, acting reasonably, to satisfy Council that the third party in whose favour the Assignment is to be made (Assignee) is reasonably capable of performing the obligations under this document that are to be Assigned to it; (e) obtain written consent of Council to the relevant Assignment, which cannot be unreasonably withheld if the Developer complies with the requirements of this clause 9.2(1);; and (f) at no cost to Council, procure the execution by the Assignee of an appropriate deed where the Assignee agrees to be bound by the terms a Deed of this document; and (g) procure that any Bank Guarantee held by Council under this document is replaced by an identical Bank Guarantee provided by the AssigneeAssignment. (2) Council is under no obligation to consider granting its consent to any request made by the Developer under paragraph (11)(c) if, at the time the request is made, the Developer is in breach of this document, unless that breach is waived by CouncilPlanning Agreement.

Appears in 1 contract

Sources: Planning Agreement