Common use of Dealing by the Developer Clause in Contracts

Dealing by the Developer. ‌ (a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.

Appears in 9 contracts

Sources: Planning Agreement, Planning Agreement, Planning Agreement

Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.any

Appears in 8 contracts

Sources: Planning Agreement, Planning Agreement, Planning Agreement

Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.

Appears in 6 contracts

Sources: Planning Agreement, Planning Agreement, Planning Agreement

Dealing by the Developer. ‌ (a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed Deed of consent Consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) the City, the Developer and the third party the subject of the Dealing entering into a deed Deed of consent Consent to the Dealing on terms acceptable to the City. (c) The On provision of an itemised invoice by the City, the Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.

Appears in 3 contracts

Sources: Planning Agreement, Voluntary Planning Agreement, Voluntary Planning Agreement

Dealing by the Developer. ‌ (a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may register a strata plan or a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the CityCity (which must not unreasonably be withheld); and (B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.

Appears in 3 contracts

Sources: Planning Agreement, Planning Agreement, Planning Agreement

Dealing by the Developer. ‌ (a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may apply to the NSW Registrar-General for the termination of Strata Plan No. 57509, subject to the Developer seeking the City's prior written consent and ensuring this document remains registered on all certificates of title for the whole of the Land; (iii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iiiiv) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.

Appears in 2 contracts

Sources: Voluntary Planning Agreement, Planning Agreement

Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 911, the Developer must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on substantially the same terms acceptable as the draft deed included as Annexure D to the Citythis document. (b) On and from registration of this document in accordance with clause 911: (i) the Developer may Deal with this document or the Land without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may register a plan of strata subdivision, and Subdivision; (iii) the City consents to this document remaining registered only on Developer may enter into contracts for the certificate sale of title to the common property of the proposed strata plan upon registration of the strata planlots; and (iiiiv) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City (which will not be unreasonably withheld in the case of a mortgage in favour of a reputable mortgagee which acknowledges, in a form reasonably acceptable to the City, the City’s interest in the Land under this document); and (B) other than where the Dealing is a mortgage, the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.215.2.

Appears in 2 contracts

Sources: Planning Agreement, Planning Agreement

Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may register a strata plan or a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer must pay the City’s reasonable costs and expenses relating to any consent or documentation required due to the operation of this clause 13.214.2.

Appears in 1 contract

Sources: Planning Agreement

Dealing by the Developer. ‌ (a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9the Commencement Date: (i) the Developer may Deal with this document without the consent of the City only only: (A) if such a Dealing is required to comply with a condition of the Development Consent, provided that the Dealing is in favour of the Developer or a related entity of the Developer; or (B) as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land;. (ii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iii) subject to clause 11.2(c), the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without:without:‌ (A) the prior written consent of the City, such consent not to be unreasonably withheld or delayed; and (B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City, acting reasonably and promptly. (cb) The Developer must pay the City’s reasonable costs and expenses relating to any consent or documentation required due to the operation of this clause 13.211.2. (c) For the avoidance of doubt, the sale of any off the plan apartments in the development by the Developer to a third party does not constitute a Dealing for which consent under clause 11.2(a)(iii) is required.‌

Appears in 1 contract

Sources: Planning Agreement

Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer Developer, must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.any

Appears in 1 contract

Sources: Planning Agreement

Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may register a plan of strata or stratum subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan or only on the stratum lot that incorporates the Heritage Assets upon registration of the stratum plan; and (iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) where required by the City, the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.

Appears in 1 contract

Sources: Planning Agreement

Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without: (i) the prior written consent of the City, with such consent not to be unreasonably withheld; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City, with such consent not to be unreasonably withheld; and (B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) . The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.213.3.

Appears in 1 contract

Sources: Planning Agreement

Dealing by the Developer. ‌ f th la out (a) Prior to registration of this document in accordance with clause 9, the c Developer must not Deal with this document or the Land withoutwith use 9, the : (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the o e Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.

Appears in 1 contract

Sources: Planning Agreement

Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City.City [ (b) On and from registration of this document in accordance with clause 9: (i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer must pay the City’s costs and expenses relating to any City consent or documentation required due to the operation of this clause 13.2.

Appears in 1 contract

Sources: Planning Agreement

Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent and novation to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent and novation to the Dealing on terms acceptable to the City. (c) The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.any

Appears in 1 contract

Sources: Planning Agreement

Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.

Appears in 1 contract

Sources: Planning Agreement

Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City; except for any dealing required for the settlement of the sale of the Land from the Owner to the Developer. (b) On and from registration of this document in accordance with clause 9: (i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.

Appears in 1 contract

Sources: Planning Agreement

Dealing by the Developer. ‌ (a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.213.3.

Appears in 1 contract

Sources: Planning Agreement

Dealing by the Developer. ‌ (a) Prior to registration of this document in accordance with clause 99 and the satisfaction of clause 3.1(a) and clause 3.1(b), the Developer must not Deal with this document or the Land without:or any part of the Land without:‌ (i) the prior written consent of the City; and (ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9:9 and satisfaction of clause 3.1(a) and clause 3.1(b): (i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the whole of the Land; (ii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and (iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.213.3.

Appears in 1 contract

Sources: Planning Agreement