Reissuance of This Note Upon receipt by the Company of evidence reasonably satisfactory to the Company of the loss, theft, destruction or mutilation of this Note, and, in the case of loss, theft or destruction, of an indemnification undertaking by the Holder to the Company in customary form and, in the case of mutilation, upon surrender and cancellation of this Note, the Company shall execute and deliver to the Holder a new Note representing the outstanding Principal which Note (i) shall be of like tenor with this Note, (ii) shall represent, as indicated on the face of such new Note, the Principal remaining outstanding (iii) shall have an issuance date, as indicated on the face of such new Note, which is the same as the Issuance Date of this Note, (iv) shall have the same rights and conditions as this Note, and (v) shall represent accrued and unpaid Interest from the Issuance Date.
ACCEPTANCE OF THIS AGREEMENT Prior to enrolling in this Service and accepting the Agreement, you should carefully read and consider the following information. Within this agreement “You” and “
Registration of this Agreement
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business days of entering into this Agreement, the Developer will at its cost arrange and lodge this Agreement for registration upon the title to the Land under s7.6 of the Act and will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;
(c) subject to the Council providing to the Developer a tax invoice for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) take any other necessary action so as to ensure this Agreement can be lodged for registration on the title to the Land.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery of the Development Contribution in full, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Issuance of Note Subject to all of the terms and conditions hereof, the Company agrees to issue and sell to the Investor, and the Investor agrees to purchase from the Company, a Note in the principal amount set forth opposite such Investor’s name on the signature page hereto.
PURPOSE OF THIS AGREEMENT The purpose of this Agreement is to -
2.1 comply with the provisions of Section 57(1)(b), (4A), (4B) and (5) of the Systems Act as well as the employment contract entered into between the parties;
2.2 specify objectives and targets defined and agreed with the Employee and to communicate to the Employee the Employer’s expectations of the Employee’s performance and accountabilities in alignment with the Integrated Development Plan, Service Delivery and Budget Implementation Plan (SDBIP) and the Budget of the Employer;
2.3 specify accountabilities as set out in a performance plan, which forms an annexure to the performance agreement;
2.4 monitor and measure performance against set targeted outputs;
2.5 use the performance agreement as the basis for assessing whether the Employee has met the performance expectations applicable to his or her job;
2.6 in the event of outstanding performance, to appropriately reward the Employee; and
2.7 give effect to the Employer’s commitment to a performance-orientated relationship with its