Building Covenants Sample Clauses

Building Covenants. 2.1 (a) Section 55 Property Law Act
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Building Covenants. This Building Covenant has been created to facilitate the construction of a premier community with the objective of providing a diverse range of residential product. Sovereign Shores Estate is a well planned residential community offering contemporary living directly adjacent to the Broadwater, Coomera River and close to all amenities. When considering the design of your dwelling, purchasers are encouraged to utilise climatic responsive design principles that are applicable to coastal South-East Queensland (a) The Buyer acknowledges that the land is part of a premier residential subdivision and it is desirable, in the interests of all Buyers of lots within the development, that the Seller exercises supervision and control to ensure that a high standard of design, construction and finishes of the dwellings within the development is maintained. (b) As a result of the Seller’s desires and intentions in this regard the Seller has also produced Building Design Guidelines (hereinafter called ‘the Guidelines’) which set out architectural controls for dwellings being built within the Community, which form part of these Building Covenants as provided for in following Appendix A. (c) In consideration of the execution of the Contract of which this schedule forms part, the Buyer covenants and agrees to the building covenants (which are deemed to incorporate the Guidelines). (d) Any information supplied by or on behalf of the Seller is supplied for the convenience of the Buyer and does not form part of the Contract. The accuracy of any information supplied is not warranted by the Seller and the Buyer acknowledges that it has entered into this Contract solely on the basis of the Buyer’s own investigation. The Seller will not be liable in Contract or in Tort for the accuracy, adequacy or suitability of any information, documents or advice in relation to the condition of the Lot or its surroundings. (e) The Seller reserves the right at the request of the Buyer or at its own discretion to vary or exclude any of the obligations under the Covenants provided that such action will only be taken by it in keeping with the aims to establish a modern well designed residential estate. No variation will be effective unless it is in writing and signed by both parties. The Buyer hereby absolves the Seller from any liability whatsoever for any action taken in the variation or exclusion of any Covenant including a Covenant with any other Buyer in the estate. The Seller acknowledges that...
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Building Covenants. 4.1 The Grantor will not undertake any Works without first obtaining from the Local Authority all necessary consents and permits for such Works. 4.2 The Grantor when undertaking any Works will: (a) Comply with any applicable consents, permits, Local Authority requirements, conditions of the subdivision resource consent or any variation and any consent notice registered on the title to the Lot pursuant to Section 221 of the Resource Management Act 1991; (b) Comply with good industry building and engineering standards and specifications and with the covenants contained in this Instrument. 4.3 The Grantor must provide concept plan to and consult with the Developer before commissioning any final plans or specifications for any Works to be undertaken on the Lot or any part thereof and not commence to do, erect or place or permit to be done on the Lot or any part thereof any Works without first obtaining the Developer’s approval (such approval not to be unreasonably withheld or delayed) to: (a) The final plans and/or specifications for the Works and, if in respect to any building, to be prepared by a Registered Architect or member of Architectural Designers New Zealand (Inc) or the Design Association of New Zealand who must be suitably experienced in the design of the proposed Works provided that within the Land no two or more residential dwellings will be of the same or significantly similar design (in the reasonable opinion of the Developer) for which the Developer will be entitled, at its sole discretion, to withhold its approval required in accordance with this clause; (b) The materials, finishes and exterior colours to be used in the construction of the Works. The Grantor will pay a $250.00 (plus GST) fee for the Developer’s approval of plans and specifications for the Works and a further fee of $75.00 (plus GST) to any subsequent variation to or further submissions in respect of such plans or specifications. 4.4 The Grantor will not erect or place or permit to remain on the Lot any dwelling or other building or structure other than a Single Story Residential House designed for and occupied exclusively as one single family household unit for residential purposes only with a floor area of not less than 160 m2 excluding garaging, carports, decking, cloisters or roof overhang, provided however: (a) The minimum cost per square metre (materials and construction) for the primary residential dwelling and a secondary residential dwelling (if any) will not be less t...
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Building Covenants. (a) The Buyer acknowledges that: (i) the Lot comprises part of the Estate; (ii) it is in the interests of the Buyer for the Seller to control the quality of Building Works in the Estate to help protect the Buyer's investment in the Lot; (iii) the Seller has the sole discretion as to whether or not the Seller seeks to enforce covenants which are obtained from any other buyer, owner or occupant of land within the Estate; (iv) the Lot may also be subject to further statutory requirements regarding, without limitation, acoustic levels, building envelopes, vegetation removal and replanting, these Building Covenants are in addition to any statutory requirements; and (v) it has read and understood the terms of the Development Approval and is aware of the compliance requirements under the Development Approval, including but not limited to location of access, building envelopes, statutory covenants and development criteria, as set out in the Development Approval. (b) The Seller may authorise any person or entity to administer and enforce the provisions contained in Schedule 2 and Schedule 3.
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Building Covenants. 12.1 The Buyer acknowledges having received a copy of the Building Covenants before signing this Contract. 12.2 The parties acknowledge and agree that the Building Covenants form part of this Contract and will not merge on settlement of this Contract and shall continue in full force and effect and remain binding on the Buyer, ▇▇▇▇▇’s heirs, executors, successor and assigns (as the case may be). 12.3 The Buyer agrees to be bound by the Building Covenants as though the obligations on the Buyer detailed in the Building Covenants are warranties provided by the Buyer for this Contract. 12.4 The Buyer acknowledges and agrees that it is in the interests of the Buyer that the provisions of the Building Covenants are complied with to ensure the ongoing safe use and enjoyment of the Estate for all lot owners. 12.5 The Buyer acknowledges that the Seller may in its absolute discretion amend the Building Covenants from time to time as the Seller sees fit. 12.6 The Buyer may not object, bring any action or make any claim against the Seller in respect of: (a) any change to the Building Covenants from time to time; and (b) any non-compliance with the provisions of Building Covenants by any third party, other lot owners in the Estate or by the Seller. 12.7 The failure of the Seller at any time to insist on performance of any covenant or provision of this Contract or of the Building Covenants is not a waiver of the Seller’s right at any later time to insist on performance of that or any other covenant or provision of this Contract or of the Building Covenants.
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Related to Building Covenants

  • Operating Covenants From the Execution Date until the Closing or, if earlier, the termination of this Agreement as contemplated hereby, except (t) as required by this Agreement or any other Transaction Document, (u) as required by any lease, Contract, or instrument listed on any Annex, Disclosure Schedule or Schedule, as applicable, (v) as required by any Applicable Law or any Governmental Authority (including by order or directive of the Bankruptcy Court or fiduciary duty of the board of managers of any Seller or its Affiliates) or any requirements or limitations resulting from the Bankruptcy Cases, (w) to the extent related solely to Excluded Assets and/or Excluded Liabilities, (x) for renewal of expiring insurance coverage in the Ordinary Course of Business, (y) for emergency operations or (z) as otherwise consented to in writing by Buyer (which consent shall not be unreasonably withheld, conditioned or delayed): (a) Sellers will: (i) subject to any Bankruptcy Court order to the contrary, operate the Assets in the Ordinary Course of Business; (ii) maintain or cause its Affiliates to maintain the books of account and records relating to the Assets in the usual, regular and ordinary manner, in accordance with its usual accounting practices; (iii) give written notice to Buyer as soon as is practicable of any material damage or casualty to or destruction or condemnation of any Asset of which Sellers have Knowledge; (iv) use reasonable best efforts to maintain insurance coverage on the Assets in the amounts and types described on Disclosure Schedule 3.10; and (v) use commercially reasonable efforts to maintain or cause its Affiliates to maintain all Permits (including Environmental Permits) required for the operation of the Assets as presently conducted; and (b) no Seller shall: (i) sell, lease or otherwise transfer any Asset, or otherwise voluntarily divest or relinquish any right or asset, other than (A) sales or other dispositions of materials, supplies, machinery, equipment, improvements or other personal property or fixtures in the Ordinary Course of Business which have been replaced with an item of substantially equal suitability and (B) dispositions of Excluded Assets; (ii) enter into any material Contract that if entered into prior to the Execution Date would be required to be listed in Disclosure Schedule 3.05(a) other than (A) Contracts of the type described in Section 3.05(a)(iii) and Section 3.05(a)(viii) entered into in the Ordinary Course of Business (provided that Sellers shall use commercially reasonable efforts to notify Buyer of the terms of any such Contract prior to the execution thereof), (B) confidentiality agreements entered into in accordance with the Bid Procedures Order, (C) contracts or agreements entered into in connection with the Bankruptcy Cases (including any in connection with an Alternative Transaction) and (D) Contracts that would not adversely affect the Assets in any material respect; (iii) amend or modify in any material respect or terminate any Purchased Contract (other than termination or expiration in accordance with its terms) or any Permits (including Environmental Permits) required for the operation of the Assets as presently conducted; (iv) change the methods of accounting or accounting practice by Sellers, except as required by concurrent changes in Applicable Law or GAAP as agreed to by its independent public accountants; or (v) to the extent any of the following would reasonably have the effect of increasing the Non-Income Tax liability of Buyer for any period after the Closing Date, (A) make any settlement of or compromise any Non-Income Tax liability with respect to the Assets, (B) change any Non-Income Tax election or Non-Income Tax method of accounting or make any new Non-Income Tax election or adopt any new Non-Income Tax method of accounting with respect to the Assets; (C) surrender any right to claim a refund of Non-Income Taxes with respect to the Assets; or (D) consent to any extension or waiver of the limitation period applicable to any Non-Income Tax claim or assessment with respect to the Assets.

  • COMPLIANCE WITH COVENANTS, RESTRICTIONS AND BUILDING CODE Lessor warrants that any improvements (other than those constructed by Lessee or at Lessee's direction) on or in the Premises which have been constructed or installed by Lessor or with Lessor's consent or at Lessor's direction shall comply with all applicable covenants or restrictions of record and applicable building codes, regulations and ordinances in effect on the Commencement Date. Lessor further warrants to Lessee that Lessor has no knowledge of any claim having been made by any governmental agency that a violation or violations of applicable building codes, regulations, or ordinances exist with regard to the Premises as of the Commencement Date. Said warranties shall not apply to any Alterations or Utility Installations (defined in Paragraph 7.3(a)) made or to be made by Lessee. If the Premises do not comply with said warranties, Lessor shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee given within six (6) months following the Commencement Date and setting forth with specificity the nature and extent of such non-compliance, take such action, at Lessor's expense, as may be reasonable or appropriate to rectify the non-compliance. Lessor makes no warranty that the Permitted Use in Paragraph 1.8 is permitted for the Premises under Applicable Laws (as defined in Paragraph 2.4).

  • Equipment Covenants With respect to the Equipment: (a) upon Lender's request, Borrower shall, at its expense, at any time or times as Lender may request on or after an Event of Default, deliver or cause to be delivered to Lender written reports or appraisals as to the Equipment in form, scope and methodology acceptable to Lender and by an appraiser acceptable to Lender; (b) Borrower shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted);

  • LANDLORD'S COVENANTS The Landlord hereby covenants with the Tenant as follows:

  • Tenant Covenants (a) From and after the date hereof, Tenant will not pay any rent under the Lease more than thirty (30) days in advance of its due date. (b) From and after the date hereof, so long as there shall be any assignment of Landlord's interest in the Lease to Lender, or any successor thereto, Tenant will not: consent to the modification of the Lease nor to the termination thereof without the prior written consent of the Lender or any successor holder of the Loan or the Mortgage which consent shall not be unreasonably withheld or delayed (either of them being called "Mortgagee"), nor seek to terminate the Lease by reason of any act or omission of Landlord until Tenant shall have given written notice of such act or omission to such Mortgagee's last address furnished Tenant) and until a reasonable period of time shall have elapsed following the giving of such notice, during which period the Mortgagee shall have the right, but not the obligation, to remedy such act or omission. (c) Upon written notice of the default by Landlord under any of the loan documents held by Mortgagee and assignment of the Landlord's interest under the Lease by Landlord to Mortgagee, Tenant, if Mortgagee so requests, will recognize such Mortgagee as the Landlord under the Lease and will thereafter pay rent and other sums to Mortgagee (or to the party designated by the Mortgagee in writing) in accordance with the terms of the Lease, and, in such event, such Mortgagee will not be liable for any act or omission of any prior lessor, liable for return of the security deposit unless same was actually delivered to Mortgagee, bound by any amendment to or assignment of the Lease made without its consent, bound by any rent paid more than thirty (30) days in advance, or be subject to any set-off or defense Tenant might have had against any prior lessor.