Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...
Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ... Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...
10.3.3 where (and to the extent that) which a Party can demonstrate is alreadylawfully in the possession of that Party or becomes generally available and in thepublic domain otherwise than as a result of a breach of this paragraph 10;10.3.4 where (and to the extent that) disclosure is necessary to enable a determinationto be made under the Dispute Resolution Procedure contained in Schedule 7;10.3.5 where (and to the extent that) disclosure which is required pursuant to anystatutory, legal (including any order of a court of competent jurisdiction) orParliamentary obligation placed upon the party making the disclosure or the rules ofany stock exchange or governmental or regulatory authority having the force of law;or10.3.6 where the Parties agree to such information being disclosed and the manner inwhich disclosure occurs10.4 This paragraph 10 shall survive the termination of this Agreement and shall continuein full force and effect and be enforceable by each of the Parties11 Freedom of Information Act11.1 The Developer acknowledges that the Council may be subject to the requirements ofthe FOIA Legislation in relation to this Agreement and if the Council is, then theDeveloper will assist and co-operate with the Council to enable the Council to complywith any Request relating to this Agreement only but not any matter, thing orarrangement between the Parties arising out or relating to this Agreement, theProperty or otherwise11.2 The Council shall be responsible for determining whether a Request is properly madeor whether any information is exempt from disclosure under the FOIA Legislation andfor determining in its absolute discretion the information to be disclosed providedalways that the Council shall:11.2.1 promptly upon receipt of any Request give notice to the Developer of suchRequest and in such notice shall:11.2.1.1 confirm whether it considers it a proper Request and whether or notany information is exempt from disclosure under the FOIA Legislation; and11.2.1.2 (to the extent applicable) provide the Developer with sufficientinformation to allow the Developer to collate and provide any informationwhich it holds and which is required to be disclosed in respect of suchRequest; and11.2.2 consult with and obtain the views of the Developer in respect of any Request(giving due regard to such views) before it:11.2.2.1 makes any determination pursuant to this paragraph 13; and/or11.2.2.2 discloses any information;L1.040-CPO-CPOIA.v2.242Page 125
in respect of such Request provided that the Council shall be entitled to respondwithin the statutory timescale if no response is received in time from the Developer.12 Contracts (Rights of Third Parties) Act 199912.1 Save for lawful successors in title and assigns, unless the right of enforcement isexpressly provided, it is not intended that a third party should have the right to enforcea provision of this Agreement pursuant to the Contracts (Rights of Third Parties) Act1999.12.2 The Parties may, subject to its express provisions, by agreement, rescind or vary thisAgreement without the consent of any third party to whom the right of enforcement ofany of its terms has been expressly provided.13 CostsThe Developer shall pay the Council's professional costs relating to the discussionsand negotiations leading up to and the entering into of this Agreement.14 CounterpartsThis Agreement may be executed in any number of separate counterparts each ofwhich when executed and delivered shall be an original but all the counterparts shalltogether form one and the same instrument.15 Proper LawThis Agreement shall in all respects be governed by and construed according to thelaws of England and Wales and subject to the provisions of clause 6 and Schedule 7each Party hereby submits to the exclusive jurisdiction of the courts of England andWales for all purposes relating to or arising out of this Agreement.Executed as a deed by affixing thecommon seal of the LondonBorough of Hammersmith andFulham, in the presence of:The Officer duly authorised onbehalf of the Council:Signed as a deed byOrion Shepherds Bush Limited,L1.040-CPO-CPOIA.v2.243Page 126
- Page 80 and 81: Traders’ Association, individual
- Page 82 and 83: 8. Human Rights8.1 The Human Rights
- Page 84 and 85: acceptable relocation arrangements
- Page 86 and 87: AnnexDraft form of Undertaking to b
- Page 88 and 89: Appendix BDated:Between:(1) The May
- Page 90 and 91: This Agreement is made this • day
- Page 92 and 93: 4.2 Nothing in this Agreement or im
- Page 94 and 95: Schedule 1Definitions and Interpret
- Page 96 and 97: or land adjoining the CPO Lands, or
- Page 98 and 99: (d) a receiver or manager is appoin
- Page 100 and 101: “Outgoings”“the Parties”“
- Page 102 and 103: Shepherds Bush (no.3) Limited and (
- Page 104 and 105: (h) preparing the map or maps to ac
- Page 106 and 107: 2.16.1 provide to the Party being c
- Page 108 and 109: espect of all or any part of the CP
- Page 110 and 111: Schedule 4The Developer’s Obligat
- Page 112 and 113: 4.4 to consult with the Council in
- Page 114 and 115: Developer shall procure a Surety in
- Page 116 and 117: 1.8 to give the Developer not less
- Page 118 and 119: 2.4.4 appoint Leading Counsel and j
- Page 120 and 121: 5 Appeal5.1 If the Secretary of Sta
- Page 122 and 123: Schedule 6Exit ConsequencesPart A:
- Page 124 and 125: Part D: Where the Developer asserts
- Page 126 and 127: 5.3 It is agreed that:5.3.1 the Exp
- Page 128 and 129: 4.3 No waiver of any provision of t
- Page 132 and 133: acting by:DirectorDirector/Secretar
- Page 134 and 135: Appendix DEquality Impact Analysis
- Page 136 and 137: On conclusion of the construction w
- Page 138 and 139: It is identified that the market pr
- Page 140 and 141: During the construction works, ther
- Page 142 and 143: 1. The developer will maintain acce
- Page 144 and 145: Market. This will protect the avail
- Page 146 and 147: compensated in accordance with the
- Page 148 and 149: women. It would also be likely that
- Page 150 and 151: Page 145Issue identifiedDisruption
- Page 152 and 153: Agenda Item 9London Borough of Hamm
- Page 154 and 155: 1. BACKGROUND1.1. The flooding scru
- Page 156 and 157: 7. COMMENTS OF THE EXECUTIVE DIRECT
- Page 158 and 159: Appendix 1Hammersmith & Fulham Coun
- Page 160 and 161: undertake which has an emphasis on
- Page 162 and 163: Suggested Executive Decision: APPRO
- Page 164 and 165: ContentsForeword………………
- Page 166 and 167: Members of the Task GroupCouncillor
- Page 168 and 169: The Task Group has put forward 20 r
- Page 170 and 171: Recommendation Six: Rainwater Reten
- Page 172 and 173: It is likely that external resource
- Page 174 and 175: IntroductionThe Flooding Scrutiny T
- Page 176 and 177: year rainfall event. If such an eve
- Page 178 and 179: as from information provided by res
in respect of such Request provided that the Council shall be entitled to respondwithin the statutory timescale if no response is received in time from the Developer.12 Contracts (Rights of Third Parties) Act 199912.1 Save for lawful successors in title and assigns, unless the right of enforcement isexpressly provided, it is not intended that a third party should have the right to enforcea provision of this Agreement pursuant to the Contracts (Rights of Third Parties) Act1999.12.2 The Parties may, subject to its express provisions, by agreement, rescind or vary thisAgreement without the consent of any third party to whom the right of enforcement ofany of its terms has been expressly provided.13 CostsThe Developer shall pay the Council's professional costs relating to the discussionsand negotiations leading up to and the entering into of this Agreement.14 CounterpartsThis Agreement may be executed in any number of separate counterparts each ofwhich when executed and delivered shall be an original but all the counterparts shalltogether form one and the same instrument.<strong>15</strong> Proper LawThis Agreement shall in all respects be governed by and construed according to thelaws of England and Wales and subject to the provisions of clause 6 and Schedule 7each Party hereby submits to the exclusive jurisdiction of the courts of England andWales for all purposes relating to or arising out of this Agreement.Executed as a deed by affixing thecommon seal of the LondonBorough of Hammersmith andFulham, in the presence of:The Officer duly authorised onbehalf of the Council:Signed as a deed byOrion Shepherds Bush Limited,L1.040-CPO-CPOIA.v2.243Page 126
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