Original Conditions December 1994

18.5

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(c) if the Developer’ shall fail to observe perform or fuifil any of the other
conditions and restrictions herein contained on the part of the Developer
(whether positive or negative) and such failure shall continue for a period
of ten (10) days after the Council shall have given to the Developer
notice in writing specifying such breach;

-g*

Council may at its election have recourse to the security or to the Developer or
partly to the security and partly to the Developer -

(d) to the extent of such amounts or moneys not paid by the Developer
and/or
(e) to the extent of such sum as the Shire Engineer certifies as representing

the fair estimated cost of completing such repairs, works or rectification
works which costs shall include the Council's charges for supervision,
administration, overheads and payments to staff and third parties.

Consideration shall be given to reduction of the bond required under Condition
18.2 above, following satisfactory completion by the applicant of various external
works required under this approval, provided however, that the value of the bond
to be retained by Council is to be sufficient to secure performance of the remaining
external works and conditions of approval.

Council may in its absolute discretion determine any sum or sums received by it
under 18.4 be applied towards indemnifying Council for all expenses incurred or
to be incurred under this agreement, and without limiting the foregoing all or any
of the following:- -

(a) reduction or discharge of the amounts of any contributions or any fees, or
other moneys payable by the Developer hereunder;

(b) carrying out work not executed or provided by the Developer under this
Deed, or carrying out work not executed or provided by the Developer
within the time stipulated herein or prescribed or any extension or
extensions thereof;

(c) altering or amending any improperly completed or partly completed work
executed or provided by the Developer under this Deed;

(d) carrying out such other work or development, including any addition or
extension to any work or development then executed or provided by the
Developer) whether within or outside or partly within and partly outside
the perimeter of the said land as the Council may consider necessary to
mitigate the effects of any uncompleted or improperly cémpleted or
partly completed work of the Developer or to make -any such
uncompleted or improperly completed or partly work in the opinion of
the Council more effective or useful;