Page 10 - Demo

Promoter in its reasonable discretion but which in any event shall be after the period required under the Acts; or
(e) the grant or resolution to grant of a Planning Permission that is not a Relevant Planning Permission or requires a Planning Agreement to be entered into on terms which the Promoter considers is unsatisfactory in its absolute discretion.
“Professional Consultants” means all of those persons (excluding Planning Counsel) appointed or instructed by the Promoter during the currency of this Agreement to attain the Objectives and in particular in connection with the Planning Application, Planning Agreement and any Appeal.
"Promoter's Solicitors" means JMW Solicitors LLP, 1 Byrom Place, Spinningfields, Manchester M3 3HG (Ref: PB.85917.91) or such other solicitor who may be appointed by the Promoter and notified to the Owner in writing.
“Promotion Costs” shall include:
(a) an agreed fixed sum of two hundred and fifty thousand pounds (£250,000) or in the event that an Appeal is undertaken, a fixed sum of three hundred and fifty thousand pounds (£350,000) on account of the fees, costs and disbursements incurred by the Promoter in promoting the Property within the Development Plan and/or in procuring a Relevant Planning Permission together with the costs incurred by the Promoter in complying with its obligations under paragraphs 5 or 6 of Schedule 1 or resisting any challenge pursuant to paragraph 7 of Schedule 1;
(b) the legal fees reasonably and properly incurred by the Parties in relation to any Planning Agreement;
(c) the legal fees of the Promoter in relation to the negotiation of this Agreement;
(d) the Promotion Fee;
(e) any Annual Payments paid; and
(f) any costs incurred by the Promoter pursuant to clause 10 of this Agreement.
together with any other costs that are reasonably and properly incurred in relation to promoting the Property within the Development Plan and/or in procuring a Relevant Planning Permission that are agreed by prior Joint Decision PROVIDED THAT the Promotion Costs shall be subject to VAT subject to the provision of proper VAT invoices in respect of any VAT due thereon.
“Promotion Fee” means the sum of one hundred and fifty thousand pounds (£150,000) exclusive of VAT.
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/Users/georgegriffiths/Library/Containers/com.apple.mail/Data/Library/Mail Downloads/6663C249-66B1-4856-B8AF-3D567A64A39C/Promotion Agreement (engrossment) (JMW).doc