Common use of Non-completion of Relevant Works Clause in Contracts

Non-completion of Relevant Works. (a) If the Land Owner so requests, the Council may permit the Land Owner not to complete the Relevant Works (or part of them) by issuing a notice in writing to the Land Owner, expressly stating that completion of the items identified in that notice is not required in fulfilment of this deed. (b) If the Council permits the Land Owner not to complete the Relevant Works (or any part of them), the Council may make an appropriation from the Guarantee in such amount as the Council considers necessary to complete the Relevant Works (or any part of them). (c) If the Land Owner fails to complete the whole of the Relevant Works in the form and to the standards required under any Development Consent, any Stage 2 Development Consent or this deed, then Council in its discretion may either: (i) complete the Relevant Works; or (ii) modify the Public Benefits to reasonably achieve the objectives identified in this deed or any Development Consent or any Stage 2 Development Consent, and may recover all costs of and reasonably incidental to that work from the Land Owner. The Council may apply the monies secured from the Guarantee and (to the extent that expenditure exceeds the amount secured) recover any shortfall from the Land Owner as a debt due and owing. (d) If the Council determines to complete the Relevant Works under this clause 10.8, the Land Owner grants the Council a licence for such period as is necessary for the Council to carry out, or procure the carrying out of, the Relevant Works.