Original Conditions December 1994

18.6

18.7

19.0

‘19.1

19.2

20.0

20.1

 

(e) reimbursing itself for any costs and outlays incurred by Council
(including Council's solicitor client costs) in the attempted enforcement
of the provisions of this approval;

69) reimbursing itself for any other moneys paid or expended by Council
including staff wages and administration costs incurred by Council in
carrying out any works, studies, monitoring programmes incurred by
Council as a result of the Developer failing to comply, fulfil or perform
any of the’conditions and restrictions contained in this approval.

If any dispute question or difference shall arise between the Developer and Council
as to the forfeiture of the security or any part thereof because of any engineering
defect, engineering default, engineering neglect or engineering omission such
dispute question or difference shall be referred to the arbitration of an independent
arbitrator to be appointed by the President or by the person for the time being
filling the office of President of the Institute of Engineers whose decision or award
shall be conclusive and binding on the parties and any such submission to
arbitration shall be deemed to be within the meaning of Arbitration Act of 1973
and subject to the provisions of that Act and award pursuant to a reference to
arbitration in accordance with the provisions hereof shall be a condition precedent
to any action or other legal proceedings between the parties relating to such dispute
question or difference, the Arbitrator shall have power to award costs and either
party may make such award a rule of Court.

, The Developer shall continue to carry out its obligations under this agreement

notwithstanding that a matter or matters have been referred to Arbitration.
CONSTRUCTION TRAFFIC

Except in accordance with an express permission of the Building. Surveyor no
construction trucks shall be permitted i in nearby streets between the hours of 6.00
p.m. to 7.00 a.m. .

As part of the Works Programme, the Developer shall submit to Council travel
routes other than routes utilising minor residential roads for example § Sunset Drive,
for the movement of construction vehicles.

HEALTH AND SAFETY

Annual licenses shall be obtained from Council's Health Department for the
storage of flammable or combustible liquids in excess of the minimum amounts
permitted under the Flammable and Combustible Liquids Regulations.
Application for each license shall be made at the time of submission of an
application for building approval. -s