Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...

“Outgoings”“the Parties”“the Peabody Property”“the Peabody SaleAgreement”“PlanningApplication”“the Plans”means any outgoings of annual or periodic naturerecurring nature reasonably and properly paid by theCouncil for which the Council has become liable inrespect of any Third Party Interests or New Rightsacquired by the Council after the date of acquisitionpursuant to the CPO until the date the same is transferredto the Developer or the termination of this Agreement,including, but not limited to, but not limited to insurance,rates, rent, repairs and works to secure any premisesprovided that the Council shall not undertake and repairsor works of improvement without the approval of theDeveloper or in the case of emergency when it is legallyobliged to do someans the parties to this Agreement and their successorsin title and permitted assigns and references to “Party”shall be construed accordinglymeans all that freehold property situate at and known as52a Goldhawk Road, London W12 8DH and registered atthe Land Registry with title absolute under title numberNGL671333means the conditional sale agreement dated 9 th September2011 and made between (1) The Governors of thePeabody Trust and (2) Orion Shepherds Bush (no.3)Limited, under which Orion Shepherds Bush (no.3)Limited agrees to buy the Peabody Property from Peabodysubject first to The Governors of the Peabody Trustobtaining the Section 172 Consent and The Governors ofthe Peabody Trust Peabody being able to provide vacantpossession but otherwise subject to its provisionsmeans the planning application made by or on behalf ofOSB under the 1990 Act to carry out the Development inrelation to the Site and numbered 2011/02930/OUTmeans the plans numbered 1, 2, 3, 4, and 5 respectivelyannexed in Schedule 4 and a reference to a numbered planshall be construed accordingly“thePermission”Planningmeans the planning permission granted on 30 th March2012 or any other planning permission granted pursuant toany planning application or applications submitted by oron behalf of the Developer in accordance with the OptionAgreement to carry out all or any part of the Developmentand as may be subsequently amended or varied oncesubmitted and references to “Planning Application” shallbe construed accordinglyL1.040-CPO-CPOIA.v2.212Page 95