Covenants of Developer. During the term of the Agreement, Developer will not voluntarily do any of the following:
a. seek to invalidate this Agreement, or otherwise take a position adverse to the purpose or validity of this Agreement, except as expressly provided herein;
b. convey by sale, lease, or otherwise any interest in the premises to any entity or organization that qualifies as a charitable organization pursuant to M.G.L. c.59 Section 5 (Third); or
c. fail to pay the Town all amounts due hereunder when due in accordance with the terms of this Agreement.
Covenants of Developer. In addition to the other obligations set out in this Agreement, the Developer covenants and agrees with Corix at all times and from time to time as follows:
Covenants of Developer a. Developer covenants that, except with USI’s prior written approval, during the term of this Agreement and for a period of two (2) years after the expiration or termination of this Agreement for any reason, including a transfer of this Agreement, it will not engage in any business In Competition with any U-Swirl Store. The provisions of this Agreement bind Developer in any capacity, including as a franchisor, franchisee, sole proprietor, officer, director, partner, limited liability company manager or member, stockholder or employee. For purposes of this provision, “In Competition” means the franchising or operation of a business similar to a U-Swirl Store (including any business offering yogurt or other frozen desert products for sale) within a geographical area consisting of: (1) during the term of this Agreement, anywhere else; and (2) after termination of this Agreement, a three (3) mile radius from the location of any U-Swirl Store. The term “U-Swirl Store” includes not only the stores now in existence, but also those established at a later date but before Developer begins operating a business in a particular location. The term of this covenant will be extended by any time consumed in litigation or arbitration to enforce it, in both trial and appellate courts, if applicable.
b. During the term of this Agreement, and for a period of two (2) years after its expiration or termination for any reason, Developer shall not divert or attempt to divert any business, customers, or potential customers of the System to any competitor, by direct or indirect inducement or otherwise. In addition, Developer shall not at any time do or perform any act, directly or indirectly, which hxxxx the goodwill or reputation of the System.
c. If a court or arbitrator of competent jurisdiction determines that restrictions in Section 9.a or Section 9.b above are excessive in time, geographic scope, or otherwise, the court or arbitrator may reduce the restriction to the level that provides the maximum restriction allowed by law.
d. The covenants above are binding on Developer’s officers, directors, shareholders, limited liability company members and managers, partners, successors, assigns, heirs, and personal representatives (as applicable).
e. In addition to the foregoing covenants, Developer will be bound by and must comply with the covenants contained in each Franchise Agreement executed by Developer.
Covenants of Developer. In addition to the other covenants and agreements of Developer set forth specifically elsewhere in this Agreement, Developer covenants and agrees:
4.1 To construct at its own expense all Improvements for the Subdivision according to the Plans and according to City’s Development Regulations, within a period of two (2) years from the date of this Agreement, unless otherwise provided for herein, provided that additional time may be mutually agreed upon in the event of delays caused or due to Acts of God, strikes, or other circumstances not controlled by Developer.
4.2 To amend or modify the Plans as required to comply with future City standards and specification for those Improvements which are not constructed within two (2) years of the date of this Agreement, should those standards and specifications change prior to the construction of such Improvements.
4.3 To provide to City a current title opinion acceptable to City which attests to Xxxxxxxxx’s ownership of the Property and its right to enter into this Agreement. Xxxxxxxxx further agrees not to enter into any Agreement which would affect the validity of such title opinion until such time as this Agreement has been executed and recorded in the Public Records of Marion County, Florida.
4.4 To retain a professional engineer registered in the State of Florida to (i) supervise the construction of the Improvements; (ii) provide the required certification of completion in “As-Built” drawings; and (iii) act on behalf of and represent Developer in technical matters in all dealings with City; and (iv) to complete transfer of the stormwater system ownership and maintenance per the water management district requirements prior to City acceptance of the system.
4.5 To provide a full set of reproducible “As-Built” plans for the Improvements, certified to City by Developer’s engineer in detail to the extent required by City Engineer, together with actual itemized construction and engineering cost summaries for the Improvements, such itemization to be certified by Developer’s engineer and submitted on a form approved by City Engineer.
4.6 To obtain and abide by all terms of any and all permits which may be required by the State of Florida, Marion County, the District or City with respect to the Subdivision and the construction of the Improvements, all at no cost to City.
4.7 To provide City with complete and legally effective releases or waivers satisfactory to City of all liens arising out of this Agreement and the labo...
Covenants of Developer. The Developer hereby represents and warrants to the Buyer as follows :
(i) The Owners have absolute, clear and marketable title with respect to the Said Property; the Developer has requisite rights to carry out development upon the Said Property and absolute, actual, physical and legal possession of the Said Property for the Project;
(ii) The Developer has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the Said Property or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Developer /Owners may already have created mortgage and/or charge on the Said Property and shall be at liberty to create further mortgages and/or charges in respect of the Said Property or any part thereof, and the Buyer hereby consents to the same Provided However that at the time of execution of the deed of conveyance / transfer in terms hereof, the Developer assures to have the Said Flat released from any such mortgage and/or charge, if any, with intent that the Buyer, subject to his making payment of all the amounts payable hereunder or otherwise and complying with his other obligations herein, will be acquiring title to the said Unit free of all such mortgages and charges created by the Developer.
(iv) There are no litigations pending before any Court of law or authority with respect to the Said Property, Project or the Said Flat;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, Said Property and Flat are valid and subsisting and have been obtained by following due process of law. Further, the Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, Said Property, Building and flats and Common Areas;
(vi) The Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Buyer intended to be created herein, may prejudicially be affected;
(vii) The Developer has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the Said Property, including the Project and the said Apartment which will, in any manner, affect the rights of Buyer under this Agreement;
(viii) The Developer confirms that the Develop...
Covenants of Developer. The Developer covenants and agrees, as follows:
Covenants of Developer. 4.1 Subject to Section 2.2, the Minimum Improvements shall conform to the U.S. Secretary of the Interior’s Standards for Rehabilitation.
Covenants of Developer. Developer covenants and agrees as follows:
a. Developer shall fully cooperate with Town with respect to all matters contemplated by or within the scope of this Agreement.
b. Developer shall pay on or before the due date thereof all reasonable amounts payable by Developer pursuant to, or as contemplated by, this Agreement.
c. Developer shall give prompt written notice via email delivery to Town whenever Developer becomes aware of any matter relating to the Property, the Project, or the Public Improvements that it believes would be significant to Town for the purposes related to this Agreement.
d. Developer shall appoint Xxxx Xxxxxxx (or his/her designee) as the designated representative for Developer, and whose authority to act on behalf of Developer, and the Town shall be entitled to rely upon, in connection with all matters related to this Agreement. Such representative shall have the authority to provide Developer’s consent and/or approval and to make binding commitments relative to the Project, the Town Lots and the Public Improvements on behalf of Developer, to the extent necessary; provided, however, such representative may be changed by Developer from time to time upon written notice to Town.
Covenants of Developer. Developer covenants and agrees as follows:
a. The Developer shall fully cooperate with Town with respect to all matters contemplated by or within the scope of this Agreement.
b. The Developer shall give prompt written notice via email delivery to Town whenever Developer becomes aware of any matter relating to the Property, the Project that it
c. Developer shall appoint Xxxxx Xxxx (or his designee) as the designated representative for Developer, and whose authority to act on behalf of Developer, and the Town shall be entitled to rely upon, in connection with all matters related to this Agreement. Such representative shall have the authority to provide Xxxxxxxxx's consent and/or approval and to make binding commitments relative to the Project behalf of Developer, to the extent necessary; provided. however, such representative may be changed by Developer from time to time upon written notice to Town.
Covenants of Developer. Developer covenants and agrees as follows:
a. The Developer shall fully cooperate with Town with respect to all matters contemplated by or within the scope of this Agreement.
b. The Developer shall give prompt written notice via email delivery to Town whenever Developer becomes aware of any matter relating to the Property, the Project that it believes would be significant to Town for the purposes related to this Agreement.
c. Developer shall appoint Xxxxx Xxxx (or his designee) as the designated representative for Developer, and whose authority to act on behalf of Developer, and the Town shall be entitled to rely upon, in connection with all matters related to this Agreement. Such representative shall have the authority to provide Xxxxxxxxx's consent and/or approval and to make binding commitments relative to the Project behalf of Developer, to the extent necessary; provided. however, such representative may be changed by Developer from time to time upon written notice to Town.
