County's Rights Upon Default. When any event of default occurs, the County may draw on the financial security to the extent of its face value. The County will have the right to use the drawn funds to construct, install or arrange for the construction or installation of any stormwater improvements. The County will have the right to conduct such work itself, or to contract with a third party to do so. The Developer grants the County, its successors, assigns, agents, contractors, and employees, a nonexclusive right to enter the property for the purposes of constructing or installing stormwater improvements.
County's Rights Upon Default. County shall have all rights and privileges as set forth in Paragraph 18 of the DIA.
County's Rights Upon Default. When any event of default occurs, the County may exercise its rights under the Assurance and contract with a third party for completion of the Improvements. The Developer grants to the County, its successors, assigns, agents, contractors, and employee, a nonexclusive right and easement to enter the Property for the purposes of constructing, installing, maintaining, and repairing such Improvements. Alternatively, the County may assign the proceeds of the Letter of Credit, the Disbursement Agreement, Performance Bond or the Cash Bond to a subsequent party who has acquired the Property by purchase, foreclosure or otherwise who will then have the same rights of completion as the County, if and only if, the subsequent party agrees in writing to complete the unfinished Improvements and provides reasonable Assurances for the obligation. In addition, the County may also revoke certificates of occupancy, issue an Affidavit of Lapse of Improvements Agreement, and/or enjoin the sale, transfer, or conveyance of lots within the Plat or Final Site Plan, until the Improvements are completed and accepted. These remedies are cumulative in nature and are in addition to any other remedies the County has at law or in equity.
County's Rights Upon Default. In the event of any default by Developer in its performance of this Agreement, the County shall have the right to enforce this Agreement, as provided by law, shall give Developer written notice of said default, and shall have the following rights which may be exercised cumulatively:
12.2.1. If a bond has been provided as Performance Financial Security, written notice of said default shall be given to the bonding company issuing the Performance Financial Security, requiring the company to acknowledge receipt of the County’s demand and to elect, in writing and within forty-five (45) days, to either:
(a) Complete the Project in accordance with the Approved Plans and Specifications by the date determined by County; or
(b) Pay to County the penal sum of the bond.
12.2.2. If a check or irrevocable letter of credit has been provided as Performance Financial Security, County has the right to draw upon the Performance Financial Security to guarantee Developer’s obligation under this Agreement. The sum or sums withdrawn by County pursuant to the Performance Financial Security shall be retained and used by County for the costs and expenses to County arising out of the failure of Developer to complete the Project as required by the terms of this Agreement, which expenses shall include, but not be limited to, costs for engineering, inspection, reasonable overhead and administrative as well as direct construction expenses.
12.2.3. The right to withhold or suspend building permits, temporary use and occupancy permits and/or final use and occupancy permits for structures within the service area of the Project until such time as the default has been cured;
12.2.4. The right to recover from the Developer all such additional costs as may be incurred by the County in order to complete the Project in accordance with the Approved Plans and Specifications.
County's Rights Upon Default. In the event of default by the Developer occurs, the County may draw on the commitment guarantee. The County will have the right, but no obligation, to complete Improvements itself or contract with a third party for completion, and the Developer hereby grants to the County, its successors, assigns, agents, contractors, and employees, a nonexclusive right and easement to enter the Development for the purposes of constructing, maintaining, and repairing such Improvements. Alternatively, the County may assign all, or any part of, the proceeds of the commitment guarantee to the Developer’s successor(s) in interest, such as the Homeowner’s Association, if any, individual lot purchasers, or a subsequent developer, including a lender, who has acquired the Development, or a portion, by purchase, foreclosure or otherwise who will then have the same rights of completion as the County, If and only if, the Homeowner’s Association, individual lot purchasers, or a subsequent developer (including a lender) agrees in writing to complete the unfinished Improvements. In addition, the County may also suspend Final Plat approval during which time the Developer will have no right to sell, transfer, or otherwise convey lots or homes within the Development without the express written approval of the County or until the Improvements are completed and accepted by the County.
County's Rights Upon Default. See section 15 of the Agreement
County's Rights Upon Default. When any Event of Default occurs, the County may access the Construction Guarantee to the extent of the face amount of such Construction Guaranty, less eighty-five (85) percent of the estimated cost, as shown on the Construction Cost Schedule, of all Improvements previously accepted by the County. In the event an Event of Default occurs, the County shall have the right to perform work or contract with a third party to perform work to stabilize the disturbed areas on the Property, to take such actions County’s request do not imply any acceptance of liability or responsibility for current or future conditions of the Property. In addition, the County may file a notice of lis pendens or take such other actions to enjoin the sale, transfer, or conveyance of the Property until the Improvements are completed, the Property is stabilized, the Improvements are protected and secure, or the warranty repairs are completed, as applicable. SAMPLE ONLY When any Event of Default occurs, the County may revoke or deny Final Plan approval for the Development. After revocation of Final Plan approval, any further development of the Property shall require a reapplication for Final Plan approval in accordance with the Final Plan procedures set forth in the Code, and approval of the same by the County. Alternatively, the County may initiate legal action to compel the compliance with this Agreement, the curing of any Event of Default, and the completion of the Improvements. These remedies are cumulative in nature and are in addition to any other remedies the County has at law or in equity.
County's Rights Upon Default. When any event of default occurs, the County may draw on the financial security to the extent of its face value. The County will have the right to use the drawn funds to correct, or arrange for the correction of, any deterioration of, or defect in, the Improvements and to maintain them until all public road Improvements are added to the State-maintained road system. The County will have the right to correct and maintain the Improvements itself, or to contract with a third party to do so. The Developer grants the County, its successors, assigns, agents, contractors, and employees, a nonexclusive right to
County's Rights Upon Default. When any event of default occurs, the County may draw on the financial security to the extent of its face value. The Developer grants the County, its successors,
