Covenants of the Developer. 14.01 The Developer will (a) observe, abide by and comply with all laws, by-laws, ordinances, regulations, orders and directions of any Regulatory Authority or Government Agency, in any way affecting the Improvements, the use and occupation of the Controlled Recreation Area and the operation of the Developer’s business;
Covenants of the Developer. (1) The Developer shall cause the Project to be constructed in accordance with the terms of this Agreement, the Redevelopment Plan, and all applicable local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations).
(2) The Developer will cooperate fully with the EDA with respect to any litigation commenced with respect to the Project.
(3) The Developer will cooperate fully with the EDA in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Project.
(4) The construction of the Project shall commence no later than June 30, 2024, and barring Unavoidable Delays, will be substantially completed by December 31, 2025.
(5) The Developer will obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Project may be lawfully constructed.
Covenants of the Developer. (a) The Developer shall hold harmless the Indemnified Parties (as defined herein) from and against all claims by or on behalf of any person, firm or company arising from the conduct or management of, or from any work or thing done on the Development, during the term of the Agreement, except for those proximately caused by the gross negligence or willful misconduct of such Indemnified Parties. The Developer shall further indemnify, defend and hold the Indemnified Parties harmless against and from all claims arising from any act, error or omission allegedly occurring during the term of the Agreement from (i) any condition of the Development, (ii) any breach or default on the part of the Developer in the performance of any of its obligations under the Agreement, (iii) any act of the Developer or any of its agents, contractors, servants, employees or licensees, involving or in any way related to the Development, or (iv) any environmental violation, condition, upon or caused by the Development except for those proximately caused by the gross negligence or willful misconduct of the Indemnified Parties. The Developer, as to the Development, shall indemnify and hold the Indemnified Parties harmless from and against all costs and expenses incurred in or in connection with any such claim arising as aforesaid or in connection with any action or proceeding brought thereon, except for those proximately caused by the gross negligence or willful misconduct of such Indemnified Parties and upon notice from an Indemnified Party, the Developer, respectively, shall defend it in any such action, prosecution or proceeding with legal counsel reasonably acceptable to the Town at Developer’s sole cost. Notwithstanding the fact that it is the intention of the parties that the Indemnified Parties not incur pecuniary liability by reason of the terms of this Agreement, or the undertakings required of the Town hereunder, by reason of the execution of this Agreement, by reason of the performance of any act requested of it by the Developer, or by reason of the operation, construction or development of the Development by the Developer, including all claims, liabilities or losses arising in connection with the violation of any statutes or regulations pertaining to the foregoing, nevertheless, if the Indemnified Parties should incur any such pecuniary liability, then in such event the Developer, as to the Development, shall indemnify and hold them harmless against all claims by or on behalf...
Covenants of the Developer. 2.1 The Developer covenants and agrees:
(a) to install, construct, complete and maintain the Works as set out herein;
(b) to pay to the District upon execution of this Agreement a non-refundable Administration and Site Servicing Review fee in the amount of 4 percent of total costs of all Works;
(c) as security for the due and proper performance by the Developer of all of the covenants, agreements and obligations of the Developer in this Agreement, the Developer has deposited with the District by cash the sum of $600,000.00 to secure the obligation of the Developer to construct the Works (the “Deposit”);
(d) that the Deposit, less the amount required to be retained by the District pursuant to Article 5 will only be returned to the Developer upon completion of the Works in accordance with this Agreement; and
(e) that no interest on the Deposit shall be paid to the Developer.
2.2 The Developer further covenants and agrees:
(a) not to commence the construction or installation of the Civil Works without first advising the Engineer in writing at least 14 days before commencement; and
(b) after notifying the District and at least 7 days before commencing construction and installation of the Civil Works, as the case may be, to deliver a letter to all owners and occupiers of properties that are immediately adjacent to the Lands advising of the date that construction and installation of the said Works will commence, describing in general terms the nature of the said Works and providing the name, and telephone number of the Developer’s contact, and to deliver a copy of said letter to the District.
2.3 In carrying out the Works the Developer covenants and agrees:
(a) to construct, install and complete the Street Landscaping in accordance with the Landscape Plan and to the District’s standards for these Works;
(b) to construct, install and complete the Civil Works and any other part of the Works not referred to in subsection 2.3(a) in accordance with all of the plans and specifications attached to or referenced in Schedule "C" and to the District’s standards for such Works and in accordance with the Subdivision Requirements (the “Approved Civil Works Design and Specifications”);
(c) to obtain prior written approval of the Engineer for any changes to the Approved Civil Works Design and Specifications and to obtain prior written approval of the Director for any changes to the Landscape Plan;
(d) to comply with any changes to the Approved Civil Works Design and Specificat...
Covenants of the Developer. Developer hereby covenants with the Seller, from and after the Effective Date and through the Closing Date (or such other specified date), that Developer will faithfully perform its obligations under this Agreement.
Covenants of the Developer. Following issuance of the Certificate of Completion with respect to the Minimum Improvements, the Developer agrees with the City as follows:
Covenants of the Developer. Section 101.
Covenants of the Developer. Section 8.1 Covenants of the Developer 13
Covenants of the Developer. The Developer (and its successors, assigns, agents, invitees and employees) shall:
(a) not interfere with or prevent the normal use and maintenance by the County of the Easement Area (if any), or the County’s adjacent property, provided the County’s right to use the Easement Area shall be subject to the terms and conditions set forth in Section 3 above;
(b) not intentionally interfere with any existing or hereafter granted license, easement, reservation or right-of-way upon, above, over, through, under or across the Easement Area so long as such license, easement, reservation or right-of-way does not materially and adversely interfere with the Developer’s Easement hereunder; and
(c) exercise diligent good faith efforts to comply at all times and in all respects with all Applicable Law. The Developer shall also obtain, maintain and comply with all applicable permits (if any) in connection with the Developer's use of the Easement Area. The Developer shall not, by any act or omission, render the County liable for any violation thereof.
Covenants of the Developer. The Developer covenants for the benefit of the City and the CFD as follows:
