Common use of AMOUNTS PAYABLE UNDER THIS AGREEMENT Clause in Contracts

AMOUNTS PAYABLE UNDER THIS AGREEMENT. 12.1 The Developer acknowledges and agrees that the Municipality and the Developer are properly and legally entitled to make provision in this Agreement, for the purposes specified herein, for the payment by the Developer to the Municipality of the various sums prescribed in this Agreement, AND FURTHER: (a) the Developer acknowledges and agrees that the Agreement by the Developer to pay the said sums is an inducement offered by the Developer to the Municipality to enter into this Agreement; (b) the Developer acknowledges that the Municipality has agreed to enter into this Agreement on the representation and agreement by the Developer to pay to the Municipality the sums specified in this Agreement; (c) the Developer agrees that the Municipality is fully entitled in law to recover from the Developer the sums specified in this Agreement; (d) the Developer hereby waives for itself and its successors and assigns any and all rights, defenses, actions, causes of action, claims, demands, suits and proceedings of any nature or kind whatsoever, which the Developer has, or hereafter may have, against the Municipality in respect to the Developer's refusal to pay the sums specified in this Agreement; and (e) the Developer for itself and its successors and assigns hereby releases and forever discharges the Municipality from all actions, claims, demands, suits and proceedings of any nature or kind whatsoever which the Developer has, or may hereinafter have, if any, against the Municipality in respect to any right or claim, if any, for the refund or repayment of any sums paid by the Developer to the Municipality pursuant to this Agreement.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

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AMOUNTS PAYABLE UNDER THIS AGREEMENT. 12.1 ‌ 19.1 The Developer acknowledges and agrees that the Municipality Town and the Developer are properly and legally entitled to make provision in this Agreement, for the purposes specified herein, for the payment by the Developer to the Municipality Town of the various sums prescribed in this Agreement, AND FURTHER: (a) the The Developer acknowledges and agrees that the Agreement agreement by the Developer to pay the said sums is an inducement offered by the Developer to the Municipality Town to enter into this Agreement; (b) the The Developer acknowledges that the Municipality Town has agreed to enter into this Agreement on the representation and agreement by the Developer to pay to the Municipality Town the sums specified in this Agreement; (c) the The Developer agrees that the Municipality Town is fully entitled in law to recover from the Developer the sums specified in this Agreement; (d) the The Developer hereby waives for itself and its successors and assigns any and all rights, defenses, actions, causes of action, claims, demands, suits and proceedings of any nature or kind whatsoever, which the Developer has, or hereafter may have, against the Municipality Town in respect to the Developer's refusal to pay the sums specified in this Agreement; and; (e) the The Developer for itself and its successors and assigns hereby releases and forever discharges the Municipality Town from all actions, claims, demands, suits and proceedings of any nature or kind whatsoever which the Developer has, or may hereinafter have, if any, against the Municipality Town in respect to any right or claim, if any, for the refund or repayment of any sums paid by the Developer to the Municipality Town pursuant to this Agreement. 19.2 The Town and the Developer agree that any amounts of money presently or hereafter owing by the Developer to the Town pursuant to the provisions of this Agreement, whether by way of a liquidated or unliquidated claim, and howsoever arising, shall be a charge and encumbrance against the lands described in Schedule “A” of this Agreement, and further, that the Town shall be entitled to recover any such monies owing, together with all costs on a solicitor and client basis, by enforcing the charge and encumbrance against the lands described in Schedule “A” of this Agreement.

Appears in 2 contracts

Samples: Subdivision/Development Agreement, Subdivision/Development Agreement

AMOUNTS PAYABLE UNDER THIS AGREEMENT. 12.1 20.1 The Developer acknowledges and agrees that the Municipality and the Developer are properly and legally entitled to make provision in this Agreement, for the purposes specified herein, for the payment by the Developer to the Municipality of the various sums prescribed in this Agreement, AND FURTHER. 20.2 The Developer further acknowledges and agrees that: (a) the Developer acknowledges and agrees that the Agreement by the Developer to pay the said sums is an inducement offered by the Developer to the Municipality to enter into this Agreement; (b) the Developer acknowledges that the Municipality has agreed to enter into this Agreement on the representation and agreement by the Developer to pay to the Municipality the sums specified in this Agreement;; and (c) the Developer agrees that the Municipality is fully entitled in law to recover from the Developer the sums specified in this Agreement;; 20 -DA- (d) the 20.3 The Developer hereby waives for itself and its successors and assigns any and all rights, defenses, actions, causes of action, claims, demands, suits and proceedings of any nature or kind whatsoever, which the Developer has, or hereafter may have, against the Municipality in respect to the Developer's refusal to pay the sums specified in this Agreement; and. (e) the 20.4 The Developer for itself and its successors and assigns hereby releases and forever discharges the Municipality from all actions, claims, demands, suits and proceedings of any nature or kind whatsoever which the Developer has, or may hereinafter have, if any, against the Municipality in respect to any right or claim, if any, for the refund or repayment of any sums paid by the Developer to the Municipality pursuant to this Agreement. 20.5 The Municipality and the Developer agree that any amounts of money presently or hereafter owing by the Developer to the Municipality pursuant to the provisions of this Agreement, whether by way of a liquidated or unliquidated claim, and howsoever arising, shall be a charge and encumbrance against the Lands, and the Developer does hereby mortgage, charge and encumber the said lands as security for the payment or performance of the Developer’s obligations within this Agreement, and further, that the Municipality shall be entitled to recover any such monies owing, together with all costs on a solicitor and client basis, by enforcing the charge and encumbrance against the Lands.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

AMOUNTS PAYABLE UNDER THIS AGREEMENT. 12.1 ‌ 18.1 The Developer acknowledges and agrees that the Municipality Town and the Developer are properly and legally entitled to make provision in this Agreement, for the purposes specified herein, for the payment by the Developer to the Municipality Town of the various sums prescribed in this Agreement, AND FURTHER: (a) the The Developer acknowledges and agrees that the Agreement agreement by the Developer to pay the said sums is an inducement offered by the Developer to the Municipality Town to enter into this Agreement; (b) the The Developer acknowledges that the Municipality Town has agreed to enter into this Agreement on the representation and agreement by the Developer to pay to the Municipality Town the sums specified in this Agreement; (c) the The Developer agrees that the Municipality Town is fully entitled in law to recover from the Developer the sums specified in this Agreement; (d) the The Developer hereby waives for itself and its successors and assigns any and all rights, defenses, actions, causes of action, claims, demands, suits and proceedings of any nature or kind whatsoever, which the Developer has, or hereafter may have, against the Municipality Town in respect to the Developer's refusal to pay the sums specified in this Agreement; and; (e) the The Developer for itself and its successors and assigns hereby releases and forever discharges the Municipality Town from all actions, claims, demands, suits and proceedings of any nature or kind whatsoever which the Developer has, or may hereinafter have, if any, against the Municipality Town in respect to any right or claim, if any, for the refund or repayment of any sums paid by the Developer to the Municipality Town pursuant to this Agreement. 18.2 The Town and the Developer agree that any amounts of money presently or hereafter owing by the Developer to the Town pursuant to the provisions of this Agreement, whether by way of a liquidated or unliquidated claim, and howsoever arising, shall be a charge and encumbrance against the lands described in Schedule “A” of this Agreement, and further, that the Town shall be entitled to recover any such monies owing, together with all costs on a solicitor and client basis, by enforcing the charge and encumbrance against the lands described in Schedule “A” of this Agreement.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

AMOUNTS PAYABLE UNDER THIS AGREEMENT. 12.1 19.1 The Developer acknowledges and agrees that the Municipality Town and the Developer are properly and legally entitled to make provision in this Agreement, for the purposes specified herein, for the payment by the Developer to the Municipality Town of the various sums prescribed in this Agreement, AND FURTHER: (a) the The Developer acknowledges and agrees that the Agreement by the Developer to pay the said sums is an inducement offered by the Developer to the Municipality Town to enter into this Agreement; (b) the The Developer acknowledges that the Municipality Town has agreed to enter into this Agreement on the representation and agreement by the Developer to pay to the Municipality Town the sums specified in this Agreement; (c) the The Developer agrees that the Municipality Town is fully entitled in law to recover from the Developer the sums specified in this Agreement; (d) the The Developer hereby waives for itself and its successors and assigns any and all rights, defensesdefences, actions, causes of action, claims, demands, suits and proceedings of any nature or kind whatsoever, which the Developer has, or hereafter may have, against the Municipality Town in respect to the Developer's refusal to pay the sums specified in this Agreement; and; (e) the The Developer for itself and its successors and assigns hereby releases and forever discharges the Municipality Town from all actions, claims, demands, suits and proceedings of any nature or kind whatsoever which the Developer has, or may hereinafter have, if any, against the Municipality Town in respect to any right or claim, if any, for the refund or repayment of any sums paid by the Developer to the Municipality Town pursuant to this Agreement. 19.2 The Town and the Developer agree that any amounts of money presently or hereafter owing by the Developer to the Town pursuant to the provisions of this Agreement, whether by way of a liquidated or unliquidated claim, and howsoever arising, shall be a charge and encumbrance against the lands described in Schedule "A" of this Agreement, and further, that the Town shall be entitled to recover any such monies owing, together with all costs on a solicitor and client basis, by enforcing the charge and encumbrance against the lands described in Schedule "A" of this Agreement.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

AMOUNTS PAYABLE UNDER THIS AGREEMENT. 12.1 21.1. The Developer acknowledges and agrees that the Municipality City and the Developer are properly and legally entitled to make provision in this Agreement, for the purposes specified herein, for the payment by the Developer to the Municipality City of the various sums prescribed in this Agreement, AND FURTHERand further: (a) the Developer acknowledges and agrees that the Agreement agreement by the Developer to pay the said sums is an inducement offered by the Developer to the Municipality City to enter into this Agreement; (b) the Developer acknowledges that the Municipality City has agreed to enter into this Agreement on the representation and agreement by the Developer to pay to the Municipality City the sums specified in this Agreement; (c) the Developer agrees that the Municipality City is fully entitled in law to recover from the Developer the sums specified in this Agreement; (d) the Developer hereby waives for itself and its successors and permitted assigns any and all rights, defensesdefences, actions, causes of action, claims, demands, suits and proceedings of any nature or kind whatsoever, which the Developer has, or hereafter may have, against the Municipality City in respect to the Developer's refusal to pay the sums specified in this Agreement; and (e) the Developer for itself and its successors and permitted assigns hereby releases and forever discharges the Municipality City from all actions, claims, demands, suits and proceedings of any nature or kind whatsoever which the Developer has, or may hereinafter have, if any, against the Municipality City in respect to any right or claim, if any, for the refund or repayment of any sums paid by the Developer to the Municipality City pursuant to this Agreement. 21.2. The City and the Developer agree that any amounts of money presently or hereafter owing by the Developer to the City pursuant to the provisions of this Agreement, whether by way of a liquidated or unliquidated claim, and howsoever arising, shall be a charge and encumbrance against the Development Area described in Schedule “A” of this Agreement, the Developer does hereby mortgage, charge and encumber the said lands as security for payment or performance of the Developer’s obligations within this Agreement, and further, that the City shall be entitled to recover any such monies owing, together with all costs on a solicitor and client basis, by enforcing the charge and encumbrance against the Development Area described in Schedule “A” of this Agreement.

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

AMOUNTS PAYABLE UNDER THIS AGREEMENT. 12.1 19.1 The Developer acknowledges and agrees that the Municipality and the Developer are properly and legally entitled to make provision in this Agreement, for the purposes specified herein, for the payment by the Developer to the Municipality of the various sums prescribed in this Agreement, AND FURTHER: (a) the Developer acknowledges and agrees that the Agreement by the Developer to pay the said sums is an inducement offered by the Developer to the Municipality to enter into this Agreement; (b) the Developer acknowledges that the Municipality has agreed to enter into this Agreement on the representation and agreement by the Developer to pay to the Municipality the sums specified in this Agreement; (c) the Developer agrees that the Municipality is fully entitled in law to recover from the Developer the sums specified in this Agreement; (d) the Developer hereby waives for itself and its successors and assigns any and all rights, defenses, actions, causes of action, claims, demands, suits and proceedings of any nature or kind whatsoever, which the Developer has, or hereafter may have, against the Municipality in respect to the Developer's refusal to pay the sums specified in this Agreement; and (e) the Developer for itself and its successors and assigns hereby releases and forever discharges the Municipality from all actions, claims, demands, suits and proceedings of any nature or kind whatsoever which the Developer has, or may hereinafter have, if any, against the Municipality in respect to any right or claim, if any, for the refund or repayment of any sums paid by the Developer to the Municipality pursuant to this Agreement. 19.2 The Municipality and the Developer agree that any amounts of money presently or hereafter owing by the Developer to the Municipality pursuant to the provisions of this Agreement, whether by way of a liquidated or unliquidated claim, and howsoever arising, shall be a charge and encumbrance against the lands described in Schedule "A" of this Agreement, the Developer does hereby mortgage, charge and encumber the said lands as security for the payment or performance of the Developer’s obligations within this Agreement, and further, that the Municipality shall be entitled to recover any such monies owing, together with all costs on a solicitor and client basis, by enforcing the charge and encumbrance against the lands described in Schedule "A" of this Agreement.

Appears in 1 contract

Samples: Single Stage Development Agreement

AMOUNTS PAYABLE UNDER THIS AGREEMENT. 12.1 21.1 The Developer acknowledges and agrees that the Municipality City and the Developer are properly and legally entitled to make provision in this Agreement, for the purposes specified herein, for the payment by the Developer to the Municipality City of the various sums prescribed in this Agreement, AND FURTHERand further: (a) the Developer acknowledges and agrees that the Agreement agreement by the Developer to pay the said sums is an inducement offered by the Developer to the Municipality City to enter into this Agreement; (b) the Developer acknowledges that the Municipality City has agreed to enter into this Agreement on the representation and agreement by the Developer to pay to the Municipality City the sums specified in this Agreement; (c) the Developer agrees that the Municipality City is fully entitled in law to recover from the Developer the sums specified in this Agreement; (d) the Developer hereby waives for itself and its successors and permitted assigns any and all rights, defensesdefences, actions, causes of action, claims, demands, suits and proceedings of any nature or kind whatsoever, which the Developer has, or hereafter may have, against the Municipality City in respect to the Developer's refusal to pay the sums specified in this Agreement; andand DRAFT (e) the Developer for itself and its successors and permitted assigns hereby releases and forever discharges the Municipality City from all actions, claims, demands, suits and proceedings of any nature or kind whatsoever which the Developer has, or may hereinafter have, if any, against the Municipality City in respect to any right or claim, if any, for the refund or repayment of any sums paid by the Developer to the Municipality City pursuant to this Agreement. 21.2 The City and the Developer agree that any amounts of money presently or hereafter owing by the Developer to the City pursuant to the provisions of this Agreement, whether by way of a liquidated or unliquidated claim, and howsoever arising, shall be a charge and encumbrance against the Development Area described in Schedule “A” of this Agreement, the Developer does hereby mortgage, charge and encumber the said lands as security for payment or performance of the Developer’s obligations within this Agreement, and further, that the City shall be entitled to recover any such monies owing, together with all costs on a solicitor and client basis, by enforcing the charge and encumbrance against the Development Area described in Schedule “A” of this Agreement.

Appears in 1 contract

Samples: Memorandum of Agreement

AMOUNTS PAYABLE UNDER THIS AGREEMENT. 12.1 ‌ 19.1. The Developer acknowledges and agrees that the Municipality City and the Developer are properly and legally entitled to make provision in this Agreement, for the purposes specified herein, for the payment by the Developer to the Municipality City of the various sums prescribed in this Agreement, AND FURTHERand further: (a) the The Developer acknowledges and agrees that the Agreement agreement by the Developer to pay the said sums is an inducement offered by the Developer to the Municipality City to enter into this Agreement; (b) the The Developer acknowledges that the Municipality City has agreed to enter into this Agreement on the representation and agreement by the Developer to pay to the Municipality City the sums specified in this Agreement; (c) the The Developer agrees that the Municipality City is fully entitled in law to recover from the Developer the sums specified in this Agreement; (d) the The Developer hereby waives for itself and its successors and permitted assigns any and all rights, defensesdefences, actions, causes of action, claims, demands, suits and proceedings of any nature or kind whatsoever, which the Developer has, or hereafter may have, against the Municipality City in respect to the Developer's refusal to pay the sums specified in this Agreement; and (e) the The Developer for itself and its successors and permitted assigns hereby releases and forever discharges the Municipality City from all actions, claims, demands, suits and proceedings of any nature or kind whatsoever which the Developer has, or may hereinafter have, if any, against the Municipality City in respect to any right or claim, if any, for the refund or repayment of any sums paid by the Developer to the Municipality City pursuant to this Agreement. 19.2. The City and the Developer agree that any amounts of money presently or hereafter owing by the Developer to the City pursuant to the provisions of this Agreement, whether by way of a liquidated or unliquidated claim, and howsoever arising, shall be a charge and encumbrance against the Lands described in Schedule A of this Agreement, the Developer does hereby mortgage, charge and encumber the said Lands as security for payment or performance of the Developer’s obligations within this Agreement, and further, that the City shall be entitled to recover any such monies owing, together with all costs on a solicitor and client basis, by enforcing the charge and encumbrance against the Lands described in Schedule A of this Agreement.‌

Appears in 1 contract

Samples: Development Agreement

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AMOUNTS PAYABLE UNDER THIS AGREEMENT. 12.1 21.1 The Developer acknowledges and agrees that the Municipality City and the Developer are properly and legally entitled to make provision in this Agreement, for the purposes specified herein, for the payment by the Developer to the Municipality City of the various sums prescribed in this Agreement, AND FURTHERand further: (a) the Developer acknowledges and agrees that the Agreement agreement by the Developer to pay the said sums is an inducement offered by the Developer to the Municipality City to enter into this Agreement; (b) the Developer acknowledges that the Municipality City has agreed to enter into this Agreement on the representation and agreement by the Developer to pay to the Municipality City the sums specified in this Agreement; (c) the Developer agrees that the Municipality City is fully entitled in law to recover from the Developer the sums specified in this Agreement; (d) the Developer hereby waives for itself and its successors and permitted assigns any and all rights, defensesdefences, actions, causes of action, claims, demands, suits and proceedings of any nature or kind whatsoever, which the Developer has, or hereafter may have, against the Municipality City in respect to the Developer's refusal to pay the sums specified in this Agreement; and (e) the Developer for itself and its successors and permitted assigns hereby releases and forever discharges the Municipality City from all actions, claims, demands, suits and proceedings of any nature or kind whatsoever which the Developer has, or may hereinafter have, if any, against the Municipality City in respect to any right or claim, if any, for the refund or repayment of any sums paid by the Developer to the Municipality City pursuant to this Agreement. 21.2 The City and the Developer agree that any amounts of money presently or hereafter owing by the Developer to the City pursuant to the provisions of this Agreement, whether by way of a liquidated or unliquidated claim, and howsoever arising, shall be a charge and encumbrance against the Development Area described in Schedule “A” of this Agreement, the Developer does hereby mortgage, charge and encumber the said lands as security for payment or performance of the Developer’s obligations within this Agreement, and further, that the City shall be entitled to recover any such monies owing, together with all costs on a solicitor and client basis, by enforcing the charge and encumbrance against the Development Area described in Schedule “A” of this Agreement.

Appears in 1 contract

Samples: Memorandum of Agreement

AMOUNTS PAYABLE UNDER THIS AGREEMENT. 12.1 20.1 The Developer acknowledges and agrees that the Municipality and the Developer are properly and legally entitled to make provision in this Agreement, for the purposes specified herein, for the payment by the Developer to the Municipality of the various sums prescribed in this Agreement, AND FURTHER. 20.2 The Developer further acknowledges and agrees that: (a) the Developer acknowledges and agrees that the Agreement by the Developer to pay the said sums is an inducement offered by the Developer to the Municipality to enter into this Agreement; (b) the Developer acknowledges that the Municipality has agreed to enter into this Agreement on the representation and agreement by the Developer to pay to the Municipality the sums specified in this Agreement;; and (c) the Developer agrees that the Municipality is fully entitled in law to recover from the Developer the sums specified in this Agreement; (d) the 20.3 The Developer hereby waives for itself and its successors and assigns any and all rights, defenses, actions, causes of action, claims, demands, suits and proceedings of any nature or kind whatsoever, which the Developer has, or hereafter may have, against the Municipality in respect to the Developer's refusal to pay the sums specified in this Agreement; and. (e) the 20.4 The Developer for itself and its successors and assigns hereby releases and forever discharges the Municipality from all actions, claims, demands, suits and proceedings of any nature or kind whatsoever which the Developer has, or may hereinafter have, if any, against the Municipality in respect to any right or claim, if any, for the refund or repayment of any sums paid by the Developer to the Municipality pursuant to this Agreement. 20.5 The Municipality and the Developer agree that any amounts of money presently or hereafter owing by the Developer to the Municipality pursuant to the provisions of this Agreement, whether by way of a liquidated or unliquidated claim, and howsoever arising, shall be a charge and encumbrance against the lands described in Schedule "A" of this Agreement, the Developer does hereby mortgage, charge and encumber the said lands as security for the payment or performance of the Developer’s obligations within this Agreement, and further, that the Municipality shall be entitled to recover any such monies owing, together with all costs on a solicitor and client basis, by enforcing the charge and encumbrance against the lands described in Schedule "A" of this Agreement.

Appears in 1 contract

Samples: Development Agreement

AMOUNTS PAYABLE UNDER THIS AGREEMENT. 12.1 19.1 The Developer acknowledges and agrees that the Municipality County and the Developer are properly and legally entitled to make provision in this Agreement, for the purposes specified herein, for the payment by the Developer to the Municipality County of the various sums prescribed in this Agreement, AND FURTHER: (a) the The Developer acknowledges and agrees that the Agreement by the Developer to pay the said sums is an inducement offered by the Developer to the Municipality County to enter into this Agreement; (b) the The Developer acknowledges that the Municipality County has agreed to enter into this Agreement on the representation and agreement by the Developer to pay to the Municipality County the sums specified in this Agreement; (c) the The Developer agrees that the Municipality County is fully entitled in law to recover from the Developer the sums specified in this Agreement; (d) the The Developer hereby waives for itself and its successors and assigns any and all rights, defensesdefences, actions, causes of action, claims, demands, suits and proceedings of any nature or kind whatsoever, which the Developer has, or hereafter may have, against the Municipality County in respect to the Developer's refusal to pay the sums specified in this Agreement; and; (e) the The Developer for itself and its successors and assigns hereby releases and forever discharges the Municipality County from all actions, claims, demands, suits and proceedings of any nature or kind whatsoever which the Developer has, or may hereinafter have, if any, against the Municipality County in respect to any right or claim, if any, for the refund or repayment of any sums paid by the Developer to the Municipality County pursuant to this Agreement. 19.2 The County and the Developer agree that any amounts of money presently or hereafter owing by the Developer to the County pursuant to the provisions of this Agreement, whether by way of a liquidated or unliquidated claim, and howsoever arising, shall be a charge and encumbrance against the lands described in Schedule "A" of this Agreement, and further, that the County shall be entitled to recover any such monies owing, together with all costs on a solicitor and client basis, by enforcing the charge and encumbrance against the lands described in Schedule "A" of this Agreement.

Appears in 1 contract

Samples: Development Agreement

AMOUNTS PAYABLE UNDER THIS AGREEMENT. 12.1 19.1 The Developer acknowledges and agrees that the Municipality City and the Developer are properly and legally entitled to make provision in this Agreement, for the purposes specified herein, for the payment by the Developer to the Municipality City of the various sums prescribed in this Agreement, AND FURTHERand further: (a) the Developer acknowledges and agrees that the Agreement by the Developer to pay the said sums is an inducement offered by the Developer to the Municipality to enter into this Agreement; (b) the The Developer acknowledges that the Municipality has City and Aquatera have agreed to enter into this Agreement on the representation and agreement by the Developer to pay to the Municipality City and Aquatera the sums specified in this Agreement; (cb) the The Developer acknowledges that it is voluntarily entering into this Agreement and agrees that the Municipality City is fully entitled in law to recover from the Developer the sums specified in this Agreement; (dc) the The Developer hereby waives for itself and its successors and assigns any and all rights, defenses, actions, causes of action, claims, demands, suits and proceedings of any nature or kind whatsoever, which the Developer has, or hereafter may have, against the Municipality City in respect to the Developer's ’s refusal to pay the sums specified in this Agreement; and; (ed) the Developer The Developer, for itself and its successors and assigns assigns, hereby releases and forever discharges the Municipality City from all actions, claims, demands, suits and proceedings of any nature or kind whatsoever which the Developer has, or may hereinafter have, if any, against the Municipality City in respect to any right or claim, if any, for the refund or repayment of any sums paid by the Developer to the Municipality City pursuant to this Agreement. 19.2 The City and the Developer agree that any amounts of money presently or hereafter owing by the Developer to the City pursuant to the provisions of this Agreement, whether by way of a liquidated or unliquidated claim, and howsoever arising, shall be a charge and encumbrance against the lands described in Schedule “A”. Upon default by the Developer, the City shall be entitled to recover any such monies owing, together with all costs on a solicitor and client basis, by enforcing the charge and encumbrance against such lands.

Appears in 1 contract

Samples: Servicing Agreement

AMOUNTS PAYABLE UNDER THIS AGREEMENT. 12.1 19.1 The Developer acknowledges and agrees that the Municipality County and the Developer are properly and legally entitled to make provision in this Agreement, for the purposes specified herein, for the payment by the Developer to the Municipality County of the various sums prescribed in this Agreement, AND FURTHER: (a) the Developer acknowledges and agrees that the Agreement by the Developer to pay the said sums is an inducement offered by the Developer to the Municipality County to enter into this Agreement; (b) the Developer acknowledges that the Municipality County has agreed to enter into this Agreement on the representation and agreement by the Developer to pay to the Municipality County the sums specified in this Agreement; (c) the Developer agrees that the Municipality County is fully entitled in law to recover from the Developer the sums specified in this Agreement; (d) the Developer hereby waives for itself and its successors and assigns any and all rights, defenses, actions, causes of action, claims, demands, suits and proceedings of any nature or kind whatsoever, which the Developer has, or hereafter may have, against the Municipality County in respect to the Developer's refusal to pay the sums specified in this Agreement; and (e) the Developer for itself and its successors and assigns hereby releases and forever discharges the Municipality County from all actions, claims, demands, suits and proceedings of any nature or kind whatsoever which the Developer has, or may hereinafter have, if any, against the Municipality County in respect to any right or claim, if any, for the refund or repayment of any sums paid by the Developer to the Municipality County pursuant to this Agreement. 19.2 The County and the Developer agree that any amounts of money presently or hereafter owing by the Developer to the County pursuant to the provisions of this Agreement, whether by way of a liquidated or unliquidated claim, and howsoever arising, shall be a charge and encumbrance against the lands described in Schedule "A" of this Agreement, the Developer does hereby mortgage, charge and encumber the said lands as security for the payment or performance of the Developer’s obligations within this Agreement, and further, that the County shall be entitled to recover any such monies owing, together with all costs on a solicitor and client basis, by enforcing the charge and encumbrance against the lands described in Schedule "A" of this Agreement.

Appears in 1 contract

Samples: Development Agreement

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