Common use of Statutory Provisions Clause in Contracts

Statutory Provisions. 3.1 This Deed is made pursuant to Section 106 and Section 106A of the 1990 Act and all other enabling powers and enactments which may be relevant for the purpose of giving validity hereto or facilitating the enforcement of the obligations herein contained with the intent to bind the Owner’s interest in the Land and to the intent that the obligations on the part of the Owner herein contained falling within the provisions of Section 106 of the 1990 Act shall be planning obligations for the purposes of Section 106 of the 1990 Act and are enforceable by the Council as local planning authority in accordance therewith but subject as hereinafter provided. 3.2 No person shall be liable for breach of a covenant contained in this Deed after he shall have parted with all interest in the Land or the part in respect of which such breach occurs but without prejudice to liability for any subsisting breach of covenants prior to parting with such interest. 3.3 This Deed shall take effect from the date hereof PROVIDED THAT if the Planning Permission is revoked or expires by the effluxion of time then this Deed shall cease to have effect provided always that at the time of the said revocation no development has begun within the meaning of Section 56 of the ▇▇▇▇ ▇▇▇. 3.4 The provisions of the 1999 Act shall not apply to this Deed and no third party shall have any rights to enforce the terms of this Deed. 3.5 Insofar as any clause or clauses of this Deed are found (for whatever reason) to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed.

Statutory Provisions. 3.1 2.1 This Deed is made pursuant to Section 106 and Section 106A of the 1990 Act Section 111 of the Local Government Act 1972 and Section 1 of the Localism Act 2011 and all other enabling powers and enactments which may be relevant for the purpose of giving validity hereto or facilitating the enforcement of the obligations herein contained with the intent to bind the Owner’s interest in the Land and to the intent that the obligations on the part of the Owner herein contained falling within the provisions of Section 106 of the 1990 Act shall be planning obligations for the purposes of Section 106 of the 1990 Act and are enforceable by the Council as local planning authority in accordance therewith but subject as hereinafter provided. 3.2 2.2 No person shall be liable for breach of a covenant contained in this Deed after he shall have parted with all interest in the Land or the part in respect of which such breach occurs but without prejudice to liability for any subsisting breach of covenants prior to parting with such interest. 3.3 2.3 This Deed shall take effect from the date hereof PROVIDED THAT if the Planning Permission is revoked or expires by the effluxion of time then this Deed shall cease to have effect provided always that at the time of the said revocation no development has begun within the meaning of Section 56 of the ▇▇▇▇ ▇▇▇.1990 Act; 3.4 2.4 The provisions of the 1999 Act shall not apply to this Deed and no third party shall have any rights to enforce the terms of this Deed. 3.5 2.5 Insofar as any clause or clauses of this Deed are found (for whatever reason) to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed.

Statutory Provisions. 3.1 2.1 This Deed is made pursuant to Section 106 and Section 106A of the 1990 Act Section 111 of the Local Government Act 1972 and Section 1 of the Localism Act 2011 and all other enabling powers and enactments which may be relevant for the purpose of giving validity hereto or facilitating the enforcement of the obligations herein contained with the intent to bind the Owner’s interest in the Land and to the intent that the obligations on the part of the Owner herein contained falling within the provisions of Section 106 of the 1990 Act shall be planning obligations for the purposes of Section 106 of the 1990 Act and are enforceable by the Council as local planning authority in accordance therewith but subject as hereinafter provided. 3.2 2.2 No person shall be liable for breach of a covenant contained in this Deed after he shall have parted with all interest in the Land or the part in respect of which such breach occurs but without prejudice to liability for any subsisting breach of covenants prior to parting with such interest. 3.3 2.3 This Deed shall take effect from the date hereof PROVIDED THAT if the Planning Permission is revoked or expires by the effluxion of time then this Deed shall cease to have effect provided always that at the time of the said revocation no development has begun within the meaning of Section 56 of the ▇▇▇▇ ▇▇▇.1990 Act; 3.4 2.4 The provisions of the 1999 Act shall not apply to this Deed and no third party shall have any rights to enforce the terms of this Deed. 3.5 2.5 Insofar as any clause or clauses of this Deed are found (for whatever reason) to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed. 2.6 In the event the Council shall at any time grant a Section 73 Permission after the date of this Deed: (i) obligations in this Deed will relate to and bind any and all such Section 73 Permission; (ii) the definitions of Application, Development and Planning Permission shall include reference to any such subsequent planning applications for the Section 73 Permission, the development permitted by the Section 73 Permission and the Section 73 Permission itself and this Deed shall hereafter take effect and be read and construed accordingly; PROVIDED THAT (iii) nothing in this clause will ▇▇▇▇▇▇ the discretion of the Council in determining any planning application for a Section 73 Permission and the appropriate planning obligations required in connection with the determination of any such planning application and any such further planning obligation or amendment by deed in connection with any Section 73 Permission in the event the Council considers it necessary.

Statutory Provisions. 3.1 2.1 This Deed is made pursuant to Section 106 and Section 106A of the 1990 Act and all other enabling powers and enactments which may be relevant for the purpose of giving validity hereto or facilitating the enforcement of the obligations herein contained with the intent to bind the Owner’s interest in the Land and to the intent that the obligations on the part of the Owner herein contained falling within the provisions of Section 106 of the 1990 Act shall be planning obligations for the purposes of Section 106 of the 1990 Act and are enforceable by the Council as local planning authority in accordance therewith but subject as hereinafter provided. 3.2 2.2 No person shall be liable for breach of a covenant contained in this Deed after he shall have parted with all interest in the Land or the part in respect of which such breach occurs but without prejudice to liability for any subsisting breach of covenants prior to parting with such interest. 3.3 2.3 This Deed shall take effect from the date hereof PROVIDED THAT if the Planning Permission is revoked or expires by the effluxion of time then this Deed shall cease to have effect provided always that at the time of the said revocation no development has begun within the meaning of Section 56 of the ▇▇▇▇ ▇▇▇.1990 Act; 3.4 2.4 The provisions of the 1999 Act shall not apply to this Deed and no third party shall have any rights to enforce the terms of this Deed. 3.5 2.5 Insofar as any clause or clauses of this Deed are found (for whatever reason) to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed.

Statutory Provisions. 3.1 2.1 This Deed is made pursuant to Section 106 and Section 106A of the 1990 Act and all other enabling powers and enactments which may be relevant for the purpose of giving validity hereto or facilitating the enforcement of the obligations herein contained with the intent to bind the Owner’s interest in the Land and to the intent that the obligations on the part of the Owner herein contained falling within the provisions of Section 106 of the 1990 Act shall be constitutes a planning obligations obligation for the purposes of Section section 106 of the 1990 Act and are enforceable by the Council as local planning authority in accordance therewith but subject as hereinafter provided. 3.2 No person shall be liable for breach of a covenant contained in this Deed after he shall have parted with all interest in the Land or the part in respect of which such breach occurs but without prejudice to liability for any subsisting breach of covenants prior to parting with such interest. 3.3 This Deed shall take effect from the date hereof PROVIDED THAT if the Planning Permission is revoked or expires by the effluxion of time then this Deed shall cease to have effect provided always that at the time TCPA 1990, section 2 of the said revocation no development has begun within the meaning of Section 56 of the ▇Local Government ▇▇▇ ▇▇▇▇ and section 111 of the Local Government Act 1972 and any other enabling powers, and are entered into by the Owner with the intention that they bind the interests held by the Owner in the Property and their respective successors and assigns. 3.4 The provisions of 2.2 This Deed shall come into effect on the 1999 Act shall not apply to this Deed and no third party shall have any rights to enforce the terms date of this Deed. 3.5 Insofar as 2.3 To the extent only that any clause or clauses of the obligations contained in this Deed are found (for whatever reason) to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect planning obligations within the validity or enforceability meaning of the remaining provisions TCPA 1990 they are entered into pursuant to the powers contained in the Local Government ▇▇▇ ▇▇▇▇ and Local Government ▇▇▇ ▇▇▇▇. 2.4 It is acknowledged that the obligations contained in this Deed are: 2.4.1 necessary to make the Development acceptable in planning terms; 2.4.2 directly related to the Development; and 2.4.3 fairly and reasonably related in scale and kind to the Development 2.5 In the event that any new planning permission(s) are granted by the Council pursuant to Section 73 of the TCPA 1990 (as amended) and unless otherwise agreed between the parties:- Pembrokeshire County Council 2.5.1 the obligations in this Deed.Deed shall relate to and bind any subsequent planning permission(s) in respect of the Property granted pursuant to Section 73 of the TCPA 1990 and the Property itself, and 2.5.2 the definitions of Application, Development and Planning Permission in this Deed shall be construed to include reference to any application under Section 73 of the TCPA 1990, the planning permission(s) granted thereunder and the development permitted by such subsequent planning permission(s), and 2.5.3 this Deed shall be endorsed with the following words in respect of any future Section 73 application:- "The obligations in this Deed also relate to and bind the Property in respect of which a new planning permission referenced …………………………… has been granted pursuant to Section 73 of the Town and Country Planning ▇▇▇ ▇▇▇▇ (as amended)". PROVIDED THAT nothing in this clause shall ▇▇▇▇▇▇ the discretion of the Council in determining any application(s) under Section 73 of the TCPA 1990 or the appropriate nature and / or quantum of Section 106 obligations in so far as they are materially different to those contained in this Deed and required pursuant to a determination under Section 73 of the TCPA 1990 whether by way of a new deed or supplemental deed pursuant to S106 of the TCPA 1990

Statutory Provisions. 3.1 This Deed is made pursuant to Section 106 and Section 106A of the 1990 Act and all other enabling powers and enactments which may be relevant for the purpose of giving validity hereto or facilitating the enforcement of the obligations herein contained with the intent to bind the Owner’s interest in the Land and to the intent that the obligations on the part of the Owner herein contained falling within the provisions of Section 106 of the 1990 Act shall be constitutes a planning obligations obligation for the purposes of Section section 106 of the 1990 Act and are enforceable by the Council as local planning authority in accordance therewith but subject as hereinafter provided. 3.2 No person shall be liable for breach of a covenant contained in this Deed after he shall have parted with all interest in the Land or the part in respect of which such breach occurs but without prejudice to liability for any subsisting breach of covenants prior to parting with such interest. 3.3 This Deed shall take effect from the date hereof PROVIDED THAT if the Planning Permission is revoked or expires by the effluxion of time then this Deed shall cease to have effect provided always that at the time TCPA 1990, Section 65 of the said revocation no development has begun within the meaning of Section 56 of the ▇Environment ▇▇▇ ▇▇▇. 3.4 The provisions ▇ section 2 of the 1999 Local Government ▇▇▇ ▇▇▇▇ and section 111 of the Local Government Act 1972 and any other enabling powers, and are entered into by the Owners with the intention that they bind the interests held by the Owners in the Property and their respective successors and assigns. This Deed shall come into effect on the date of this Deed. To the extent only that any of the obligations contained in this Deed are not apply planning obligations within the meaning of the TCPA 1990 they are entered into pursuant to the powers contained in Section 65 of the Environment ▇▇▇ ▇▇▇▇ and if relevant the Local Government ▇▇▇ ▇▇▇▇ and Local Government ▇▇▇ ▇▇▇▇. It is acknowledged that the obligations contained in this Deed are: necessary to make the Development acceptable in planning terms; directly related to the Development; and fairly and reasonably related in scale and kind to the Development In the event that any new planning permission(s) are granted by the PCNPA pursuant to Section 73 of the TCPA 1990 (as amended) and unless otherwise agreed between the parties:- the obligations in this Deed shall relate to and bind any subsequent planning permission(s) in respect of the Property granted pursuant to Section 73 of the TCPA 1990 and the Property itself, and the definitions of Application, Development and Planning Permission in this Deed shall be construed to include reference to any application under Section 73 of the TCPA 1990, the planning permission(s) granted thereunder and the development permitted by such subsequent planning permission(s), and this Deed shall be endorsed with the following words in respect of any future Section 73 application:- "The obligations in this Deed also relate to and bind the Property in respect of which a new planning permission referenced …………………………… has been granted pursuant to Section 73 of the Town and Country Planning ▇▇▇ ▇▇▇▇ (as amended)". PROVIDED THAT nothing in this clause shall ▇▇▇▇▇▇ the discretion of the PCNPA in determining any application(s) under Section 73 of the TCPA 1990 or the appropriate nature and / or quantum of Section 106 obligations in so far as they are materially different to those contained in this Deed and required pursuant to a determination under Section 73 of the TCPA 1990 whether by way of a new deed or supplemental deed pursuant to S106 of the TCPA 1990 Confirmation of Interests The Owners hereby warrant and confirm that apart from the parties hereto there are no third party other persons with a legal estate or beneficial interest in the rest of profits or proceeds of sale of the Property or any part thereof. Obligations of the Owners The Owners hereby undertake and covenant with the PCNPA and the Council as the local housing authority by way of a planning obligation pursuant to Section 106 of the TCPA 1990 with the intention of binding the Property and each and every part thereof into whosoever hands the same may come that the Property shall have any rights be subject to enforce the terms of this Deed. 3.5 Insofar several restrictions and provisions as any clause or clauses of this Deed are found (for whatever reason) to the use thereof as specified herein Site Not to be invalid, illegal Encumbered The Owners hereby covenant with the PCNPA that it will not encumber nor deal with the Property in any manner whereby any party hereto or unenforceable, then such invalidity, illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deedsuccessor in title may be prevented from carrying out their covenants and obligations contained herein.