Construction of Development. Applicant’s failure to comply with its construction obligations set forth in this Agreement and Applicant’s failure to cure same within thirty
Construction of Development. The Developer shall proceed with due care and diligence to complete the Improvements and undertake and complete the Eligible Activities resulting in the Eligible Costs, all in accordance with this Agreement, the Xxxxxxxxxx Plan, Development Agreement and all applicable laws, rules, regulations, permits, orders, and authorized requirements of any official or agency of competent jurisdiction.
Construction of Development. 2. The Purchaser agrees to develop the Property as described and specified in the approved final Site Development Proposal attached as Schedule “C” to the Agreement of Purchase and Sale (the “Development”) which includes a permanent building on the Property of the standards required under the Site Development and Building Standards (the “Building”) having a minimum completed building area to be the greater of ten percent (10%) of the total area of the Property or the building area described in the approved Site Development Proposal (the “Minimum Completed Building Area”). The Minimum Completed Building Area of the Building shall be calculated according to the provisions of the Park’s Site Development and Building Standards.
3. Any changes to the Development as described in the Agreement of Purchase and Sale and the approved final Site Development Proposal must first be approved in writing by the Municipality’s Corporate Real Estate business unit (“HRM Corporate Real Estate”).
4. The Purchaser agrees to commence the Development on the Property by fully installing, at a minimum, the footings and foundation for the Building (“Commence”), having at least the Minimum Completed Building Area in accordance with the final approved Site Development Proposal and the Site Development and Building Standards, no later than eighteen (18) months (the “Commencement Date”) after the closing date of the Agreement of Purchase and Sale (the “Closing Date”).
5. The Purchaser agrees to fully complete the entire Development, including the construction of the Building which meets the Minimum Completed Building Area, together with the full development of the entire Property in accordance with the approved final Site Development Proposal and the Site Development and Building Standards (“Complete”) no later than thirty-six (36) months after the Closing Date (the “Completion Date”).
Construction of Development. Landlord covenants and warrants that Landlord shall use commercially-reasonable efforts to cause Development, the Leased Premises and other improvements in the Common Area to be well built, properly constructed, structurally safe and sound on or before March 1, 2019, subject to delays resulting from events of Force Majeure, as hereinafter defined (the “Target Completion Date”), that such construction conforms to and complies with all applicable codes, ordinances and regulations including without limitation, all applicable building and fire codes and the Americans with Disabilities Act, and that during the Lease Term, such construction will be so maintained. Landlord shall construct and install all improvements before the Target Completion Date.
Construction of Development. The Developer shall construct the Developer Project and the City shall construct the Public Improvements in accordance with proper construction standards and the Agreement. They shall proceed with due care and diligence and commence and complete Eligible Activities and the Development in accordance with the Agreement, and in accordance with any applicable law, regulation, code and ordinance.
Construction of Development. The Owner shall proceed with the development and the obligations under this Agreement at its discretion. If it decides to do so, it shall proceed with due care and diligence and commence and complete the Eligible Activities and the Development on its portion of the Site (if not already completed) in accordance with this Agreement, and in accordance with any applicable law, regulation, code and ordinance.
Construction of Development. The Developer shall proceed with the Development and the obligations under this Agreement in its discretion and pursuant to the terms and conditions of the Host Agreement, which is incorporated by reference. If it decides to do so, Developer shall proceed with due care and diligence and commence and complete the Development in accordance with this Agreement, the Solar Host Agreement and in accordance with any applicable law, regulation, code and ordinance.
Construction of Development. FRANKLIN AVENUE APARTMENTS’s failure to comply with its construction obligations set forth in this Agreement and FRANKLIN AVENUE APARTMENTS’s failure to cure same within thirty (30) days after written notice from the CITY shall be deemed an event of default. If such failure cannot be cured within such thirty (30) day period in the exercise of all due diligence, but FRANKLIN AVENUE APARTMENTS fails or refuses to commence such cure within such thirty (30) day period or fails or refuses to continuously thereafter diligently prosecute such cure, except to the extent such failure is caused by any act or failure to act on the part of the CITY, such actions or omissions shall be deemed events of default.
Construction of Development. As to the Development and Development Property the Developer and Owner shall construct the Development, at the Developer’s and Owner’s cost and expense, as set forth on Exhibits A and F, generally as set forth on Exhibit J, and in compliance with Governmental Requirements. The Development will be completed on a schedule agreeable to the Parties and shall be reasonably coordinated with the construction of the Public Improvements and the Development shall be completed by December 31, 2018, unless otherwise agreed to in writing by the Parties:
(a) Developer or Owner shall make timely application to the City for all construction easements and street and/or lane closures reasonably deemed necessary by Developer or Owner for the construction and maintenance of the Development, which the City shall promptly review and not unreasonably deny and which shall be subject to Governmental Requirements. This will further include the temporary closure of the Haymarket Plaza Site to the public and the consent of the City to Developer or Owner prepositioning and storing equipment and materials on the Haymarket Plaza Site during the construction of the Development. Temporary closure of sidewalks or streets adjacent to the Development Property may also be necessary; subject to City approval and Developer and Owner compliance with terms of such temporary closures to allow for street maintenance, snow removal, and public use when construction conditions allow it to be safe and appropriate.
(b) Design and construction of the Development will be consistent with the policy of creating a facility open, accessible, and inviting to the public that integrates with the surrounding public spaces and private properties while striving to achieve a distinctive iconic architectural presence and ensuring responsible and appropriate application of available resources. To that end:
(1) The design and building process will necessarily involve an on- going weighing and balancing of resources available to fund construction of the Development with functionality and public aesthetic appeal.
(2) The design and building process will include evaluation of locally sourced and natural materials, various glass and glass alternatives, as well as stone, brick, and manufactured materials in light of their functionality, energy efficiency, environmental impact, viewer/user appeal, and cost (both for material and installation cost differences). The design of the Development shall maximize glass and glass alte...
Construction of Development
