Common use of EFFECT OF THIS DEED Clause in Contracts

EFFECT OF THIS DEED. 2.1. This Deed is made pursuant to section 106 of the 1990 Act. To the extent that they fall within the terms of section 106 of the 1990 Act, the obligations contained in this Deed are planning obligations and are enforceable by the Council as follows: 2.1.1. the obligations in Schedule 1 (excluding paragraphs 1, 8.2 to 8.6, 10.2, 10.3 and 11) are only enforceable against the Owners of the Site, and the Developer and persons deriving title to the Site under any of them; 2.1.2. the obligations in paragraph 1 of Schedule 1 are only enforceable against the Owners, the Fifth Owner, the Developer and persons deriving title to the Site under any of them and the obligations in paragraphs 9.40.2, 9.41 and 9.47 of Schedule 1 only in respect of the Council accessing the Site are enforceable against the Fifth Owner and persons deriving title to the Site under any of him (in addition to the Owners of the Site and Developer under paragraph 2.1.1 above); 2.1.3. the obligations in paragraphs 8.2 to 8.6 of Schedule 1 (Cycle Path Part 1) are only enforceable against the Second Owner, Eighth Owner and Developer and persons deriving title to the relevant part of the Site under any of them; 2.1.4. the obligation in paragraph 10.2 of Schedule 1 (Western Outfall Drain) is only enforceable against the First Owner and Developer and persons deriving title to the relevant part of the Site under any of them; 2.1.5. the obligation in paragraph 10.3 of Schedule 1 (Eastern Drain) is only enforceable against the Second Owner and Developer and persons deriving title to the relevant part of the Site under any of them; 2.1.6. the obligations in paragraph 11 of Schedule 1 (Additional Main Band Colliery Land) are only enforceable against the Second Owner, and Developer in respect of the Additional Main Band Colliery Land and persons deriving title to the Additional Main Band Colliery Land under any of them; and 2.1.7. the obligations in Schedule 2 are only enforceable against the Residential Owners in respect of the Residential Land, the Developer and persons deriving title to the Residential Land under any of them.