Common use of DEVELOPER LIMITATION OF LIABILITY Clause in Contracts

DEVELOPER LIMITATION OF LIABILITY. [Note: Insert standard Limitation of Liability Provisions] 1. Land Lot 1 in DP778342 known as ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇. 2. Development The redevelopment of the Land for a Commercial Premises that is permitted by the controls proposed in the Planning Proposal and subject to the resultant Instrument Change. The total Gross Floor Area for the Land is 73,202 square metres. 3. City’s Representative Name: Director, Planning, Development and Transport Address: ▇▇▇▇▇ ▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ Email: ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇▇.▇▇ Or such alternative representative nominated by the City from time to time and notified in writing to the Developer’s Representative 4. Developer’s Representative Name: ▇▇▇▇▇▇▇ ▇▇▇▇ Address: ▇▇▇▇▇ ▇▇, ▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Sydney NSW 2000 Email: ▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇ Or such alternative representative nominated by the Developer from time to time and notified in writing to the City’s Representative 5. Development Application Any and all development application(s) submitted to the City in connection with the Development. 6. Guarantee Amount $375,000 7. Guarantee Amount Due Date Prior to the issue of a Construction Certificate permitting construction under the Building Contract. Requirements under the Act and Regulation (clause 2) The below table summarises how this document complies with the Act and Regulation. 1. Planning instrument and/or development application (section 7.4(1) of the Act) The Developer has: (a) sought a change to an environmental planning instrument; (a) Yes (b) made, or proposes to make, a Development Application; or (b) Yes (c) entered into an agreement with, or is otherwise associated with, a person, to whom paragraph (a) or (b) applies. (c) No 2. Description of land to which this document applies (section 7.4(3)(a) of the Act) Item 1 of Schedule 1. 3. Description of change to the environmental planning instrument to which this document applies and/or the development to which this document applies (section 7.4(3)(b) of the Act) The Development and/or the environmental planning instrument as described in clause 2.1. 4. The nature and extent of the provision to be made by the developer under this document, the time or times by which the provision is to be made and the manner in which the provision is to be made (section 7.4(3)(c) of the Act) Schedule 3 and Annexure A. 5. Whether this document excludes (wholly or in part) of does not exclude the application of section 7.11, 7.12 or 7.24 to the development (section 7.4(3)(d) of the Act) Section 7.11 not excluded Section 7.12 not excluded Section 7.24 not excluded 6. Applicability of section 7.11 of the Act (section 7.4(3)(e) of the Act) The application of section 7.11 of the Act is not excluded in respect of the Development and contributions (if any) under section 7.11 will be required to be paid. 7. Consideration of benefits under this document if section 7.11 applies (section 7.4(3)(e) of the Act) Benefits to the value of the aggregate of the Attributed Value for each element of the Public Benefits are not to be taken into consideration in determining a development contribution under section 7.11 of the Act. 8. Mechanism for Dispute Resolution (section 7.4(3)(f) of the Act) Clause 11 9. Enforcement of this document (section 7.4(3)(g) of the Act) Clause 10 10. No obligation to grant consent or exercise functions (section 7.4(9) of the Act) Clause 2.4 11. Registration of this document (section 7.6 of the Act) Clause 9 12. Whether certain requirements of this document must be complied with before a construction certificate is issued (section 205(2) of the Regulation) Provision of the Guarantee 13. Whether certain requirements of this document must be complied with before a subdivision certificate is issued (section 205(2) of the Regulation) Not applicable 14. Whether certain requirements of this document must be complied with before an occupation certificate is issued (section 205(2) of the Regulation) Completion of the Logistics Hub, registration of the Instruments and preparation of the Plan of Management (in a form approved by the City). 15. Whether the explanatory note that accompanied exhibition of this document may be used to assist in construing this document (section 205(5) of the Regulation) Clause 2.5 1. PUBLIC BENEFITS - OVERVIEW 1. Logistics Hub to be secured via a Development Consent as part of a future Development Application Nil (a) Completion of the Logistics Hub and Instruments registered within 30 days after the first Occupation Certificate for the Development. Construction of a public loading dock and preparation of a Plan of Management (Refer to Annexure A). Registration of the Logistics Hub Affectations. (b) Plan of Management approved prior to the issue of the first Occupation Certificate for the Development.