Common use of Dealing by the Developer Clause in Contracts

Dealing by the Developer. ‌ (a) On and from the Commencement Date: (i) the Developer may Deal with this document without the consent of the City 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 (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, 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. (b) 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 11.2.

Appears in 3 contracts

Sources: Planning Agreement, Planning Agreement, Planning Agreement

Dealing by the Developer. (a) On and from the Commencement Date: (i) the Developer may Deal with this document without the consent of the City 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 (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, 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. (b) 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 11.2.

Appears in 2 contracts

Sources: Planning Agreement, Planning Agreement