Appendix D Draft Infrstructure Agreement

5     DEFAULT BY OWNER OR APPLICANT

5.1   Rights of the Council on default

      If the applicant fails to duly perform and fulfil any or all of its obligations under
      Clause 3 the Council may recover from the applicant or the owner the whole or
      any amount of the Infrastructure Contribution not paid and its costs of recovery.

5.2   Application of money

      The Council may apply any sum recovered or received by it pursuant to Clause
      5.1 (rights of the Council on default) as far as the sum may extend to or towards
      all or any one or more of the following:

      (a)   reduction or discharge of the amount payable by the applicant or owner
            under this Deed; and
      (b)   reimbursing itself for the cost of works done and/ or for any damages or costs
            suffered by it as a consequence of such non payment.



6     RECONFIGURATION OF THE SUBJECT SITE

6.1   Reconfiguring and compliance

      If the Subject Site is reconfigured under the provisions of the Act and the
      obligations under this Deed have been satisfied, then this Deed no longer remains
      attached to the reconfigured lots and the owner’s successors in title are not bound
      by this deed.

6.2   Reconfiguring and non-compliance
      If the Subject Site is reconfigured under the provisions of the Act and the
      obligations under this Deed have not been satisfied, this Deed remains attached
      to the reconfigured lots and the owner’s successors in title remain bound by this
      deed.

7     SERVICE

7.1   Service by prepaid post

      A Notice is sufficiently made, given or served by a party if left at or forwarded by
      prepaid post in an envelope addressed to the other party or any of them (where
      there are more persons than one person comprising the other party) at the address
      of that party specified in Schedule 1.

7.2   Deemed service

      A Notice if sent by prepaid post is deemed to have been made, given or served at
      the time when in the due course of the post it would be delivered at the address to
      which it is directed whether or not it is actually received.




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