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 (i) the Developer must not Deal with this document or the Land without: (A) the prior written consent of the City, which must not be unreasonably withheld or delayed where the Developer complies with clause 13.2(a)(i)(B); and (B) the City the Developer, and the third party the subject of the Dealing entering into a deed of novation or consent (the form of which will be in the City’s standard precedent and 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, provided the purchaser enters into a deed of novation with the Cityand the Developer (the form of which will be in the City’s standard precedent and on terms acceptable to the City, acting reasonably); (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, which must not be unreasonably withheld or delayed where the Developer complies with clause 13.2(b)(iii)(B); and (B) the City, the Developer, and the third party the subject of the Dealing entering into a deed of novation or consent (the form of which will be in the City’s standard precedent and on terms acceptable to the City).‌