Common use of Breach-General Clause in Contracts

Breach-General. If the BOCC shall fail or refuse to perform its obligations as required hereunder, then the Developer shall provide written notice to the BOCC indicating the nature of the default. The BOCC shall have thirty (30) days following the receipt of such written notice to cure the default described in such notice; provided, however, if the BOCC shall proceed with due diligence to cure said default after said notice, then such thirty (30) day period shall be extended to such a period of time as may reasonably be required to cure such default while proceeding with due diligence. If the BOCC has not cured the default within the cure period, the Developer may seek and obtain equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or an injunction. Should the remedies of specific performance or injunction not be available to the Developer because of actions of the BOCC, then the Developer shall be entitled to bring a legal action for damages.

Appears in 4 contracts

Samples: Development Rights and Responsibilities Agreement, Development Rights and Responsibilities Agreement, Development Rights and Responsibilities Agreement

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Breach-General. If the BOCC Developer shall fail or refuse to perform its obligations as required hereunder, then the Developer BOCC shall provide written notice to the BOCC Developer indicating the nature of the default. The BOCC Developer shall have thirty (30) days following the receipt of such written notice to cure the default described in such notice; provided, however, if the BOCC Developer shall proceed with due diligence to cure said default after said notice, then such thirty (30) day period shall be extended to such a period of time as may reasonably be required to cure such default while proceeding with due diligence. If the BOCC Developer has not cured the default within the said cure period, the Developer BOCC may seek and obtain equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or an injunction. Should the remedies of specific performance or injunction not be available to the Developer BOCC because of actions of the BOCCDeveloper, then the Developer BOCC shall be entitled to bring a legal action for damages.

Appears in 4 contracts

Samples: Development Rights and Responsibilities Agreement, Development Rights and Responsibilities Agreement, Development Rights and Responsibilities Agreement

Breach-General. If the BOCC shall fail or refuse to perform its obligations as required hereunder, then the Developer shall provide written notice to the BOCC indicating the nature of the default. The BOCC shall have thirty sixty (3060) days following the receipt of such written notice to cure the default described in such notice; provided, however, if the BOCC shall proceed with due diligence to cure said default after said notice, then such thirty sixty (3060) day period shall be extended to such a period of time as may reasonably be required to cure such default while proceeding with due diligence. If the BOCC has not cured the default within the cure period, the Developer may seek and obtain equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or an injunction. Should the remedies of specific performance or injunction not be available to the Developer because of actions of the BOCC, then the Developer shall be entitled to bring a legal action for damages.

Appears in 1 contract

Samples: Development Rights and Responsibilities Agreement

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Breach-General. If the BOCC Developer shall fail or refuse to perform its obligations as required hereunder, then the Developer BOCC shall provide written notice to the BOCC Developer indicating the nature of the default. The BOCC Developer shall have thirty sixty (3060) days following the receipt of such written notice to cure the default described in such notice; provided, however, if the BOCC Developer shall proceed with due diligence to cure said default after said notice, then such thirty sixty (3060) day period shall be extended to such a period of time as may reasonably be required to cure such default while proceeding with due diligence. If the BOCC Developer has not cured the default within the said cure period, the Developer BOCC may seek and obtain equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or an injunction. Should the remedies of specific performance or injunction not be available to the Developer BOCC because of actions of the BOCCDeveloper, then the Developer BOCC shall be entitled to bring a legal action for damages.

Appears in 1 contract

Samples: Development Rights and Responsibilities Agreement

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