Common use of Default by the Developer Clause in Contracts

Default by the Developer. 1. In the event that the City claims that the Developer is in default in the observance and/or performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and conditions of Article VI hereof), the City shall give the Developer written notice of such claimed default with such notice requiring the Developer to rectify the same within a thirty (30) day period from the date of the written notice. 2. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereof, have a period of thirty (30) days from the receipt of the ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the security. Time shall be of the essence hereof. 3 a. In the event that the City claims that the Developer is in default in the observance and performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give the Developer notice in writing of such claimed default, and shall by such notice either require the Developer to rectify such default with five (5) days of the receipt of such notice or notify the Developer that the City intends to rectify such default at the Developer's cost and expense.

Default by the Developer. 1. 22.1 In the event that the City claims that the Developer is in default in the observance and/or or performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and or conditions of Article VI hereof)this Agreement, the City shall may give the Developer written THIRTY (30) days’ notice in writing of such claimed default with such notice and requiring the Developer to rectify the same within a thirty the said period of THIRTY (30) day period from the date of the written noticedays. 2. 22.2 If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately within TEN (10) days of receipt of such notice request a reference to arbitration pursuant to the provisions of Article XVII hereof23. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereofParagraph 22.1, have a period of thirty THIRTY (30) days from the receipt of the arbitration ruling of the Arbitrator within which to rectify such default. If . 22.3 The Developer agrees that in the said default is not rectified event that the City may complete has given the Developer written notice of default and rectify such default the Developer does not, within TEN (10) days of receipt of the written notice, dispute that it is in default, then the Developer shall conclusively be deemed to have acknowledged the default. 22.4 Notwithstanding anything to the contrary herein, in the event that the City, in its sole discretion, considers it necessary to undertake any immediate work in connection with the construction, installation or repair of the Municipal Improvements in a situation which the City considers to be an emergency, the City shall immediately notify the Developer of such situation and shall be entitled to invoice then cause such work to be done at the Developer’s costs and expense, provided that upon completion of said emergency work, the City shall give notice in writing to the Developer under the provisions of Article VIII hereof and make demands as obligee on the security. Time shall be of the essence hereof. 3 a. In the event that if the City claims that such repair work was made necessary by reason of a default on the part of the Developer is in default in the observance and or performance of the terms, covenants and conditions of Article VI of this Agreement, and if the Developer denies the claimed default, it shall within TEN (10) days request a reference to arbitration pursuant to the provisions of Article 23 hereof. 22.5 The Developer agrees that the City shall, for purposes of undertaking any emergency work, have free and uninterrupted access to all portions of the Development Area and any other areas under the control of the Developer and that the City shall give not be hindered nor restricted in any manner whatsoever in obtaining or exercising such right of access. 22.6 The decision of the Arbitrator in any reference respecting a claimed default on the part of the Developer notice in writing of such claimed default, shall be final and shall by such notice either require binding upon the City and the Developer. 22.7 The City and the Developer agree that any rights and remedies available to rectify such default with five (5) days of the receipt of such notice or notify the Developer that the City intends whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the City shall be entitled to rectify such default at enforce any right or remedy in any manner the Developer's cost and expenseCity deems appropriate, in its sole discretion, without prejudicing or waiving any other right or remedy otherwise available to the City.

Default by the Developer. 1. 21.1 In the event that the City claims Municipality is of the view that the Developer is in default in the observance and/or and performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and or conditions of Article VI hereof)this Agreement, the City shall Municipality may give the Developer written thirty (30) days’ notice in writing of such claimed default with such notice and requiring the Developer to rectify the same within a the said period of thirty (30) day period from the date of the written noticedays. 2. 21.2 If the Developer denies that it is in default as claimed in the notice provided pursuant to paragraph 21.1, the Developer shall, within fourteen (14) days of receipt of such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII Section 22 hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereofparagraph 21.1, have a period of thirty (30) days from the receipt of the arbitration ruling of the Arbitrator within which to rectify such default. If . 21.3 The Developer agrees that in the said event the Municipality has given the Developer written notice of default and the Developer does not, within fourteen (14) days of receipt of the written notice, dispute that it is not rectified in default, then the City may complete and Developer shall conclusively be deemed to have acknowledged the default. 21.4 In the event that the Developer has failed to rectify such default within the period of thirty (30) days from the receipt of the notice of Default provided by the Municipality pursuant to paragraph 21.1 and no arbitration been requested by the Developer or from confirmation of the default by the Arbitrator pursuant to paragraph 21.2, the Municipality may, but shall not be obligated to, undertake any work it considers necessary in order to remedy such default and any costs or liability incurred by the Municipality in respect thereof shall be at the Developer’s sole cost and expense. The Developer shall pay such costs to the Municipality within thirty (30) days of receiving demand for payment from the Municipality. 21.5 Notwithstanding anything to the contrary herein, in the event that the Municipality, in its discretion, considers it necessary to undertake any immediate work in connection with the construction, installation or repair of the Local Improvements in a situation which the Municipality considers to be an emergency, the Municipality shall immediately notify the Developer of such situation and shall be entitled to invoice then cause such work to be done provided that upon completion of said emergency work, the Municipality shall give notice in writing to the Developer under if the provisions Municipality claims that such repair work was made necessary by reason of Article VIII hereof and make demands as obligee a default on the security. Time shall be part of the essence hereof. 3 a. In the event that the City claims that the Developer is in default in the observance and or performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give and if the Developer notice in writing of such denies the claimed default, it shall, within fourteen (14) days, request a reference to arbitration pursuant to the provisions of Section 22 hereof. 21.6 The Developer agrees that the Municipality shall, for purposes of undertaking any emergency work or work to rectify a default, have free and shall by such notice either require uninterrupted access to all portions of the Development Area and any other areas under the control of the Developer to rectify and that the Municipality shall not be hindered nor restricted in any manner whatsoever in obtaining or exercising such default with five (5) days right of access. 21.7 The decision of the receipt Arbitrator in any reference respecting a claimed default on the part of such notice or notify the Developer that shall be final and binding upon the City intends to rectify such default at Municipality and the Developer's cost . 21.8 The Municipality and expensethe Developer agree that any rights and remedies available to the Municipality whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the Municipality shall be entitled to enforce any right or remedy in any manner the Municipality deems appropriate in its discretion without prejudicing or waiving any other right or remedy otherwise available to the Municipality.

Default by the Developer. ‌ 1. In the event that the City claims that the Developer is in default in the observance and/or performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and conditions of Article VI hereof), the City shall give the Developer written notice of such claimed default with such notice requiring the Developer to rectify the same within a thirty (30) day period from the date of the written notice. 2. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereof, have a period of thirty (30) days from the receipt of the ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the securitySecurity. Time shall be of the essence hereof. 3 a. 3. In the event that the City claims that the Developer is in default in the observance and performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give the Developer notice in writing of such claimed default, and shall by such notice either require the Developer to rectify such default with five (5) days of the receipt of such notice or notify the Developer that the City intends to rectify such default at the Developer's cost and expense. a. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. b. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has required the Developer to rectify same, the Developer shall have a period of five (5) days from receipt of the decision of the Arbitrator within which to rectify the default. c. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default as the Developer's cost and expense, the City shall proceed to rectify the default at the Developer's cost and expense immediately. d. Notwithstanding anything to the contrary herein, in the event that the Engineer in their absolute discretion considers it necessary to undertake any immediate work for the repair of any of the said paved or unpaved public roads, water and sewer lines and storm drainage system, in a situation the Engineer considers to be an emergency, the Engineer shall be entitled to cause such work to be done at the Developer's cost and expense without notification to the Developer; PROVIDED THAT upon completion of the said emergency repair work, the City shall give notice in writing at the earliest possible date to the Developer describing the nature of the work and advising that an invoice will be forthcoming. 4. The decision of the Arbitrator in any reference respecting a claimed default on the part of the Developer shall be final and binding upon the City and the Developer and shall not be the subject of any action or proceeding in any court. 5. In the event that: a. A confirmed default by the Developer has not been rectified by the Developer in accordance with the foregoing provisions; b. A confirmed default by the Developer has been rectified by the City in accordance with the foregoing provisions and the Developer fails to pay the cost and expense of such rectification within the five (5) days after receipt from the City of an account thereof; c. Emergency repair work has been done to the paved or unpaved public roads, water and or sewer lines and/or storm drainage system by the City in accordance with the foregoing provisions and a default on the part of the Developer has been confirmed as rendering such repair work necessary and if the Developer fails to pay the cost and expense of such repair work within five (5) days after receipt from the City of an account thereof; The City may invoke the provisions of Article VIII hereof and make demands as obligee under any Security provided by the Developer pursuant to the requirements of this Agreement.

Default by the Developer. 1. 13.1 In the event that the City Municipality claims that the Developer is in default in the observance and/or and performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and or conditions of Article VI hereof)this Agreement, the City shall Municipality may give the Developer written Thirty (30) days’ notice in writing of such claimed default with such notice and requiring the Developer to rectify the same within a thirty the said period of Thirty (30) day period from the date of the written noticedays. 2. 13.2 If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately within Ten (10) days of receipt of such notice request a reference to arbitration pursuant to the provisions of Article XVII Section 14 hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereofSection 13.1, have a period of thirty Thirty (30) days from the receipt of the arbitration ruling of the Arbitrator within which to rectify such default. If . 13.3 The Developer agrees that in the said event that the Municipality has given the Developer written notice of default and the Developer does not, within Ten (10) days of receipt of the written notice, dispute that it is not rectified in default, then the City may complete and Developer shall conclusively be deemed to have acknowledged the default. 13.4 In the event that the Developer has failed to rectify such default within the period of Thirty (30) days from the receipt of the notice of Default provided by the Municipality pursuant to Section 13.1 and no arbitration been requested by the Developer or from confirmation of the default by the Arbitrator pursuant to Section 13.2, the Municipality may, but shall not be obligated to, undertake any work it considers necessary in order to remedy such default and any costs or liability incurred by the Municipality in respect thereof shall be at the Developer’s sole cost and expense. The Developer shall pay such costs to the Municipality within Thirty (30) days of receiving demand for payment from the Municipality. 13.5 Notwithstanding anything to the contrary herein, in the event that the Municipality, in its discretion, considers it necessary to undertake any immediate work in connection with the construction, installation or repair of the Improvements in a situation which the Municipality considers to be an emergency, the Municipality shall immediately notify the Developer of such situation and shall be entitled to invoice then cause such work to be done; PROVIDED, that upon completion of said emergency work, the Municipality shall give notice in writing to the Developer under if the provisions Municipality claims that such repair work was made necessary by reason of Article VIII hereof and make demands as obligee a default on the security. Time shall be part of the essence hereof. 3 a. In the event that the City claims that the Developer is in default in the observance and or performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give and if the Developer notice in writing of such denies the claimed default, it shall within Ten (10) days request a reference to arbitration pursuant to the provisions of Section 14 hereof. 13.6 The Developer agrees that the Municipality shall, for purposes of undertaking any emergency work or work to rectify a default, have free and shall by such notice either require uninterrupted access to all portions of the Development Area and any other areas under the control of the Developer to rectify and that the Municipality shall not be hindered nor restricted in any manner whatsoever in obtaining or exercising such default with five (5) days right of access. 13.7 The decision of the receipt Arbitrator in any reference respecting a claimed default on the part of such notice or notify the Developer that shall be final and binding upon the City intends to rectify such default at Municipality and the Developer's cost . 13.8 The Municipality and expensethe Developer agree that any rights and remedies available to the Municipality whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the Municipality shall be entitled to enforce any right or remedy in any manner the Municipality deems appropriate in its discretion without prejudicing or waiving any other right or remedy otherwise available to the Municipality.

Default by the Developer. 1. a) In the event that the City claims that the Developer is in default in the observance and/or and performance of any the terms, covenant or condition covenants and conditions of this Agreement (other than the terms, covenants and conditions of Article VI Clause 3.6 hereof), the City shall give the Developer written thirty (30) days notice in writing of such claimed default with and shall by such notice requiring either require the Developer to rectify the same such default within a thirty (30) day period from the date days of the written noticereceipt of such notice or notify the Developer that the City intends to rectify such default at the Developer’s costs and expense. 2. i. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII Clause 3.9 hereof. ii. If the Arbitrator arbitrator confirms that the Developer is in default as claimed defaultby the City, and if the City by its notice of claimed default has required the Developer to rectify same, the Developer shall, notwithstanding the provisions of subparagraph 1 hereof, shall have a period of thirty (30) days from the receipt of the ruling decision of the Arbitrator arbitrator within which to rectify such the default. iii. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the security. Time shall be of the essence hereof. 3 a. In the event that the City claims arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default at the Developer's costs and expense, the City shall proceed to rectify the default at the Developer's expense. b) Notwithstanding anything to the contrary herein, in the event that the City Engineer in his absolute discretion considers it necessary to undertake any immediate work for the repair of any of the said local improvements in a situation of emergency, the City Engineer shall be entitled to cause such work to be done at the Developer's cost and expense without notification to the Developer, PROVIDED that upon completion of said emergency repair work, the City shall give notice in writing to the Developer if the City claims that such repair was made necessary by reason of a default on the part of the Developer in the observance and performance of the terms, covenants and conditions of Article VI Clause 3.6 of this Agreement, the City shall give and if the Developer notice in writing of such denies the claimed default, it shall immediately request a reference to arbitration pursuant to the provisions of Clause 3.9 hereof. c) The decision of the arbitrator in any reference respecting a claimed default on the part of the Developer shall be final and binding upon the City and the Developer and shall not be the subject of any action or proceeding in any Court. d) In the event that: i. a confirmed default by such notice either require the Developer has not been rectified by the Developer in accordance with the foregoing provisions, or; ii. a confirmed default by the Developer has been rectified by the City in accordance with the foregoing provisions and the Developer fails to rectify pay the cost and expense of such default with rectification within five (5) days after the receipt from the City of an account therefore, or; iii. emergency repair work has been done to local improvements by the City in accordance with the foregoing provisions and a default on the part of the receipt Developer has been confirmed as rendering such repair work necessary, and if the Developer fails to pay the cost and expense of such notice repair work within five (5) days after the receipt from the City of an account, based on actual invoices for work done and administration costs therefore, then which for the purposes of this Agreement shall be 10 percent (%). The City may invoke the provisions of Clause 3.3 hereof and make demands as obligated under any Performance Bonds or notify as payee under any Irrevocable Letters of Credit provided by the Developer pursuant to the requirements of this Agreement; iv. the Developer shall not be deemed to be in default in the performance of its obligations hereunder if any failure in performance of said obligations is due to fires, adverse weather conditions, the Queen's enemies, provided that the City intends to rectify such default at lack of finances shall in no event be deemed a cause beyond the Developer's cost and expensecontrol.

Default by the Developer. 1. 13.1 In the event that the City claims that the Developer is in default in the observance and/or performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and conditions of Article VI hereof), the City shall give the Developer written notice of such claimed default with such notice requiring the Developer to rectify the same within a thirty (30) day period from the date of the written notice. 2. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereof, have a period of thirty (30) days from the receipt of the ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the security. Time shall be of the essence hereof. 3 a. In the event that the City Town claims that the Developer is in default in the observance and performance of the terms, covenants covenant and conditions of Article VI of the Agreement or the terms and conditions contained within the Municipal Improvements Policy and incorporated within this Agreement, the City shall Town: (a) in the case of a default that is not a default of a payment obligation, the Town may give the Developer notice in writing to the Developer of such claimed default, and shall by such notice either require default requiring the Developer to rectify such default with five the same, whereupon the Developer shall have a period of THIRTY (530) days of DAYS from the receipt of such notice or notify within which to rectify such default; (b) upon expiration of the above-noted rectification period, may give notice in writing to the Developer that of the City intends Town’s intentions to rectify such default at the Developer's ’s costs and expense, whereupon the Developer shall have a period FIVE (5) DAYS from the receipt of such notice to rectify such default; and (c) in the case of a default of a payment obligation, the Town may give notice in writing to the Developer of such default, whereupon the Developer shall have a period FIVE (5) DAYS from the receipt of such notice to rectify such default. 13.2 Upon the occurrence of a default on the part of the Developer, the Town shall be entitled to any and all rights and remedies available at law or in equity including, without restriction: (a) the unfettered right to terminate this Agreement, in which event the Town shall be entitled at its option to take ownership and/or control of all or any portion of the Work without any further compensation to the Developer whatsoever and without prejudice to any claims, rights of action or remedies available to the Town; (b) perform or otherwise rectify the Developer’s obligations in default, in which event the Developer shall be responsible for payment in full of all costs and expenses incurred by the Town and shall immediately pay to the Town sufficient funds to cover all the Town’s costs and expenses upon demand; (c) invoke, cash, call upon, collect, enforce, and otherwise make demands as payee under the provisions of any and all security provided by the Developer as security for obligations contained within this Agreement including, without restriction, make demand for payment in full of any and all amounts secured by any mortgage, charge or encumbrance security, and draw upon any irrevocable letter of credit or bond security; or (d) expend, utilize, apply, and set off against any and all funds received or held by the Town as security for the Developer’s obligations, for the purposes of satisfying any of the Developer’s obligations under this Agreement. 13.3 Notwithstanding anything to the contrary herein, in the event that the Town Representative in his absolute discretion acting reasonable, considers it necessary to undertake any immediate Work for the completion or repair of any of the said Municipal Improvements in a situation where the Town Representative considers it to be an emergency, the Town Representative shall be entitled to cause such Work to be done to normal Town standards at the Developer’s cost and expenseexpense without notification to the Developer; PROVIDED that, upon completion of the said emergency repair Work, the Town Representative shall give notice in writing to the Developer, stating the reasons for the actions and a detailed claim. 13.4 The Town and the Developer agree that any rights and remedies available to the Town and the Developer whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the Town and the Developer shall be entitled to enforce any right or remedy in any manner the Town or the Developer deems appropriate in its discretion without prejudicing or waiving any other right or remedy otherwise available to the Town or the Developer.

Default by the Developer. 1. 20.1 In the event that the City County claims that the Developer is in default in the observance and/or and performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and or conditions of Article VI hereof)this Agreement, the City shall County may give the Developer written Thirty (30) days notice in writing of such claimed default with such notice and requiring the Developer to rectify the same within a thirty the said period of Thirty (30) day period from the date of the written noticedays. 2. 20.2 If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately within Ten (10) days of receipt of such notice request a reference to arbitration pursuant to the provisions of Article XVII Section 21 hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereofSection 20.1, have a period of thirty Thirty (30) days from the receipt of the arbitration ruling of the Arbitrator within which to rectify such default. If . 20.3 The Developer agrees that in the said event that the County has given the Developer written notice of default and the Developer does not, within Ten (10) days of receipt of the written notice, dispute that it is not rectified in default, then the City may complete and Developer shall conclusively be deemed to have acknowledged the default. 20.4 In the event that the Developer has failed to rectify such default within the period of Thirty (30) days from the receipt of the notice of Default provided by the County pursuant to Section 20.1 and no arbitration been requested by the Developer or from confirmation of the default by the Arbitrator pursuant to Section 20.2, the County may, but shall not be obligated to, undertake any work it considers necessary in order to remedy such default and any costs or liability incurred by the County in respect thereof shall be at the Developer’s sole cost and expense. The Developer shall pay such costs to the County within Thirty (30) days of receiving demand for payment from the County. 20.5 Notwithstanding anything to the contrary herein, in the event that the County, in its discretion, considers it necessary to undertake any immediate work in connection with the construction, installation or repair of the Municipal Improvements in a situation which the County considers to be an emergency, the County shall immediately notify the Developer of such situation and shall be entitled to invoice then cause such work to be done; PROVIDED, that upon completion of said emergency work, the County shall give notice in writing to the Developer under if the provisions County claims that such repair work was made necessary by reason of Article VIII hereof and make demands as obligee a default on the security. Time shall be part of the essence hereof. 3 a. In the event that the City claims that the Developer is in default in the observance and or performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give and if the Developer notice in writing of such denies the claimed default, it shall within Ten (10) days request a reference to arbitration pursuant to the provisions of Section 21 hereof. 20.6 The Developer agrees that the County shall, for purposes of undertaking any work under this Section, have free and shall by such notice either require uninterrupted access to all portions of the Development Area and any other areas under the control of the Developer to rectify and that the County shall not be hindered nor restricted in any manner whatsoever in obtaining or exercising such default with five (5) days right of access. 20.7 The decision of the receipt Arbitrator in any reference respecting a claimed default on the part of such notice or notify the Developer that shall be final and binding upon the City intends to rectify such default at County and the Developer's cost . 20.8 The County and expensethe Developer agree that any rights and remedies available to the County whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the County shall be entitled to enforce any right or remedy in any manner the County deems appropriate in its discretion without prejudicing or waiving any other right or remedy otherwise available to the County.

Default by the Developer. 122.1. In the event that the City claims that the Developer is in default in the observance and/or or performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and or conditions of Article VI hereof)this Agreement, the City shall may give the Developer written THIRTY (30) days notice in writing of such claimed default with such notice and requiring the Developer to rectify the same within a thirty the said period of THIRTY (30) day period from the date of the written noticedays. 222.2. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately within TEN (10) days of receipt of such notice request a reference to arbitration pursuant to the provisions of Article XVII hereof22. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereofParagraph 21.1, have a period of thirty THIRTY (30) days from the receipt of the arbitration ruling of the Arbitrator within which to rectify such default. 22.3. If The Developer agrees that in the said default is not rectified event that the City may complete has given the Developer written notice of default and rectify such default the Developer does not, within TEN (10) days of receipt of the written notice, dispute that it is in default, then the Developer shall conclusively be deemed to have acknowledged the default. 22.4. Notwithstanding anything to the contrary herein, in the event that the City, in its sole discretion, considers it necessary to undertake any immediate work in connection with the construction, installation or repair of the Municipal Improvements in a situation which the City considers to be an emergency, the City shall immediately notify the Developer of such situation and shall be entitled to invoice then cause such work to be done at the Developer’s costs and expense, provided that upon completion of said emergency work, the City shall give notice in writing to the Developer under the provisions of Article VIII hereof and make demands as obligee on the security. Time shall be of the essence hereof. 3 a. In the event that if the City claims that such repair work was made necessary by reason of a default on the part of the Developer is in default in the observance and or performance of the terms, covenants and conditions of Article VI of this Agreement, and if the Developer denies the claimed default, it shall within TEN (10) days request a reference to arbitration pursuant to the provisions of Article 22 hereof. 22.5. The Developer agrees that the City shall, for purposes of undertaking any emergency work, have free and uninterrupted access to all portions of the Development Area and any other areas under the control of the Developer and that the City shall give not be hindered nor restricted in any manner whatsoever in obtaining or exercising such right of access. 22.6. The decision of the Arbitrator in any reference respecting a claimed default on the part of the Developer notice in writing of such claimed default, shall be final and shall by such notice either require binding upon the City and the Developer. 22.7. The City and the Developer agree that any rights and remedies available to rectify such default with five (5) days of the receipt of such notice or notify the Developer that the City intends whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the City shall be entitled to rectify such default at enforce any right or remedy in any manner the Developer's cost and expenseCity deems appropriate, in its sole discretion, without prejudicing or waiving any other right or remedy otherwise available to the City.

Default by the Developer. 122.1. In the event that the City claims that the Developer is in default in the observance and/or or performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and or conditions of Article VI hereof)this Agreement, the City shall may give the Developer written THIRTY (30) days’ notice in writing of such claimed default with such notice and requiring the Developer to rectify the same within a thirty the said period of THIRTY (30) day period from the date of the written noticedays. 222.2. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately within TEN (10) days of receipt of such notice request a reference to arbitration pursuant to the provisions of Article XVII hereof23. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereofParagraph 22.1, have a period of thirty THIRTY (30) days from the receipt of the arbitration ruling of the Arbitrator within which to rectify such default. 22.3. If The Developer agrees that in the said default is not rectified event that the City may complete has given the Developer written notice of default and rectify such default the Developer does not, within TEN (10) days of receipt of the written notice, dispute that it is in default, then the Developer shall conclusively be deemed to have acknowledged the default. 22.4. Notwithstanding anything to the contrary herein, in the event that the City, in its sole discretion, considers it necessary to undertake any immediate work in connection with the construction, installation or repair of the Municipal Improvements in a situation which the City considers to be an emergency, the City shall immediately notify the Developer of such situation and shall be entitled to invoice then cause such work to be done at the Developer’s costs and expense, provided that upon completion of said emergency work, the City shall give notice in writing to the Developer under the provisions of Article VIII hereof and make demands as obligee on the security. Time shall be of the essence hereof. 3 a. In the event that if the City claims that such repair work was made necessary by reason of a default on the part of the Developer is in default in the observance and or performance of the terms, covenants and conditions of Article VI of this Agreement, and if the Developer denies the claimed default, it shall within TEN (10) days request a reference to arbitration pursuant to the provisions of Article 23 hereof. 22.5. The Developer agrees that the City shall, for purposes of undertaking any emergency work, have free and uninterrupted access to all portions of the Development Area and any other areas under the control of the Developer and that the City shall give not be hindered nor restricted in any manner whatsoever in obtaining or exercising such right of access. 22.6. The decision of the Arbitrator in any reference respecting a claimed default on the part of the Developer notice in writing of such claimed default, shall be final and shall by such notice either require binding upon the City and the Developer. 22.7. The City and the Developer agree that any rights and remedies available to rectify such default with five (5) days of the receipt of such notice or notify the Developer that the City intends whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the City shall be entitled to rectify such default at enforce any right or remedy in any manner the Developer's cost and expenseCity deems appropriate, in its sole discretion, without prejudicing or waiving any other right or remedy otherwise available to the City.

Default by the Developer. 1. a) In the event that the City claims that the Developer is in default in the observance and/or and performance of any the terms, covenant or condition covenants and conditions of this Agreement (other than the terms, covenants and conditions of Article VI Clause 3.6 hereof), the City shall give the Developer written thirty (30) days’ notice in writing of such claimed default with and shall by such notice requiring either require the Developer to rectify the same such default within a thirty (30) day period from the date days of the written noticereceipt of such notice or notify the Developer that the City intends to rectify such default at the Developer’s costs and expense. 2. i. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII Clause 3.9 hereof. ii. If the Arbitrator arbitrator confirms that the Developer is in default as claimed defaultby the City, and if the City by its notice of claimed default has required the Developer to rectify same, the Developer shall, notwithstanding the provisions of subparagraph 1 hereof, shall have a period of thirty (30) days from the receipt of the ruling decision of the Arbitrator arbitrator within which to rectify such the default. iii. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the security. Time shall be of the essence hereof. 3 a. In the event that the City claims arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default at the Developer's costs and expense, the City shall proceed to rectify the default at the Developer's expense. b) Notwithstanding anything to the contrary herein, in the event that the City Engineer in his absolute discretion considers it necessary to undertake any immediate work for the repair of any of the said local improvements in a situation of emergency, the City Engineer shall be entitled to cause such work to be done at the Developer's cost and expense without notification to the Developer, PROVIDED that upon completion of said emergency repair work, the City shall give notice in writing to the Developer if the City claims that such repair was made necessary by reason of a default on the part of the Developer in the observance and performance of the terms, covenants and conditions of Article VI Clause 3.6 of this Agreement, the City shall give and if the Developer notice in writing of such denies the claimed default, it shall immediately request a reference to arbitration pursuant to the provisions of Clause 3.9 hereof. c) The decision of the arbitrator in any reference respecting a claimed default on the part of the Developer shall be final and binding upon the City and the Developer and shall not be the subject of any action or proceeding in any Court. d) In the event that: i. a confirmed default by such notice either require the Developer has not been rectified by the Developer in accordance with the foregoing provisions, or; ii. a confirmed default by the Developer has been rectified by the City in accordance with the foregoing provisions and the Developer fails to rectify pay the cost and expense of such default with rectification within five (5) days after the receipt from the City of an account therefore, or; iii. emergency repair work has been done to local improvements by the City in accordance with the foregoing provisions and a default on the part of the receipt Developer has been confirmed as rendering such repair work necessary, and if the Developer fails to pay the cost and expense of such notice repair work within five (5) days after the receipt from the City of an account, based on actual invoices for work done and administration costs therefore, then which for the purposes of this Agreement shall be 10 percent (%). The City may invoke the provisions of Clause 3.3 hereof and make demands as obligated under any Performance Bonds or notify as payee under any Irrevocable Letters of Credit provided by the Developer pursuant to the requirements of this Agreement; iv. the Developer shall not be deemed to be in default in the performance of its obligations hereunder if any failure in performance of said obligations is due to fires, adverse weather conditions, the Queen's enemies, provided that the City intends to rectify such default at lack of finances shall in no event be deemed a cause beyond the Developer's cost and expensecontrol.

Default by the Developer. 1. 13.1 In the event that the City claims that the Developer is in default in the observance and/or performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and conditions of Article VI hereof), the City shall give the Developer written notice of such claimed default with such notice requiring the Developer to rectify the same within a thirty (30) day period from the date of the written notice. 2. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereof, have a period of thirty (30) days from the receipt of the ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the security. Time shall be of the essence hereof. 3 a. In the event that the City Town claims that the Developer is in default in the observance and performance of the terms, covenants covenant and conditions of Article VI of the Agreement or the terms and conditions contained within the Municipal Improvements Policy and incorporated within this Agreement, the City shall Town: (a) in the case of a default that is not a default of a payment obligation, the Town may give the Developer notice in writing to the Developer of such claimed default, and shall by such notice either require default requiring the Developer to rectify such default with five the same, whereupon the Developer shall have a period of THIRTY (530) days of from the receipt of such notice or notify within which to rectify such default; (b) upon expiration of the above-noted rectification period, may give notice in writing to the Developer that of the City intends Town’s intentions to rectify such default at the Developer's ’s costs and expense, whereupon the Developer shall have a period FIVE (5) days from the receipt of such notice to rectify such default; and (c) in the case of a default of a payment obligation, the Town may give notice in writing to the Developer of such default, whereupon the Developer shall have a period FIVE (5) days from the receipt of such notice to rectify such default. 13.2 Upon the occurrence of a default on the part of the Developer, the Town shall be entitled to any and all rights and remedies available at law or in equity including, without restriction: (a) the unfettered right to terminate this Agreement, in which event the Town shall be entitled at its option to take ownership and/or control of all or any portion of the Work without any further compensation to the Developer whatsoever and without prejudice to any claims, rights of action or remedies available to the Town; (b) perform or otherwise rectify the Developer’s obligations in default, in which event the Developer shall be responsible for payment in full of all costs and expenses incurred by the Town and shall immediately pay to the Town sufficient funds to cover all the Town’s costs and expenses upon demand; (c) invoke, cash, call upon, collect, enforce, and otherwise make demands as payee under the provisions of any and all security provided by the Developer as security for obligations contained within this Agreement including, without restriction, make demand for payment in full of any and all amounts secured by any mortgage, charge or encumbrance security, and draw upon any irrevocable letter of credit or bond security; or (d) expend, utilize, apply, and set off against any and all funds received or held by the Town as security for the Developer’s obligations, for the purposes of satisfying any of the Developer’s obligations under this Agreement. 13.3 Notwithstanding anything to the contrary herein, in the event that the Town Representative in his absolute discretion acting reasonable, considers it necessary to undertake any immediate Work for the completion or repair of any of the said Municipal Improvements in a situation where the Town Representative considers it to be an emergency, the Town Representative shall be entitled to cause such Work to be done to normal Town standards at the Developer’s cost and expenseexpense without notification to the Developer; PROVIDED that, upon completion of the said emergency repair Work, the Town Representative shall give notice in writing to the Developer, stating the reasons for the actions and a detailed claim. 13.4 The Town and the Developer agree that any rights and remedies available to the Town and the Developer whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the Town and the Developer shall be entitled to enforce any right or remedy in any manner the Town or the Developer deems appropriate in its discretion without prejudicing or waiving any other right or remedy otherwise available to the Town or the Developer.

Default by the Developer. 1. In the event that the City claims that the Developer is in default in the observance and/or performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and conditions of Article VI hereof), the City shall give the Developer written notice of such claimed default with such notice requiring the Developer to rectify the same within a thirty (30) day period from the date of the written notice. 2. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereof, have a period of thirty (30) days from the receipt of the ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the securitySecurity. Time shall be of the essence hereof. 3 a. 3. In the event that the City claims that the Developer is in default in the observance and performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give the Developer notice in writing of such claimed default, and shall by such notice either require the Developer to rectify such default with five (5) days of the receipt of such notice or notify the Developer that the City intends to rectify such default at the Developer's cost and expense. a. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. b. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has required the Developer to rectify same, the Developer shall have a period of five (5) days from receipt of the decision of the Arbitrator within which to rectify the default. c. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default as the Developer's cost and expense, the City shall proceed to rectify the default at the Developer's cost and expense immediately. d. Notwithstanding anything to the contrary herein, in the event that the Engineer in their absolute discretion considers it necessary to undertake any immediate work for the repair of any of the said paved or unpaved public roads, water and sewer lines and storm drainage system, in a situation the Engineer considers to be an emergency, the Engineer shall be entitled to cause such work to be done at the Developer's cost and expense without notification to the Developer; PROVIDED THAT upon completion of the said emergency repair work, the City shall give notice in writing at the earliest possible date to the Developer describing the nature of the work and advising that an invoice will be forthcoming. 4. The decision of the Arbitrator in any reference respecting a claimed default on the part of the Developer shall be final and binding upon the City and the Developer and shall not be the subject of any action or proceeding in any court. 5. In the event that: a. A confirmed default by the Developer has not been rectified by the Developer in accordance with the foregoing provisions; b. A confirmed default by the Developer has been rectified by the City in accordance with the foregoing provisions and the Developer fails to pay the cost and expense of such rectification within the five (5) days after receipt from the City of an account thereof; c. Emergency repair work has been done to the paved or unpaved public roads, water and or sewer lines and/or storm drainage system by the City in accordance with the foregoing provisions and a default on the part of the Developer has been confirmed as rendering such repair work necessary and if the Developer fails to pay the cost and expense of such repair work within five (5) days after receipt from the City of an account thereof; The City may invoke the provisions of Article VIII hereof and make demands as obligee under any Security provided by the Developer pursuant to the requirements of this Agreement.

Default by the Developer. 1. 13.1 In the event that the City Municipality claims that the Developer is in default in the observance and/or and performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and or conditions of Article VI hereof)this Agreement, the City shall Municipality may give the Developer written Thirty (30) days notice in writing of such claimed default with such notice and requiring the Developer to rectify the same within a thirty the said period of Thirty (30) day period from the date of the written noticedays. 2. 13.2 If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately within Ten (10) days of receipt of such notice request a reference to arbitration pursuant to the provisions of Article XVII Section 14 hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereofSection 13.1, have a period of thirty Thirty (30) days from the receipt of the arbitration ruling of the Arbitrator within which to rectify such default. If . 13.3 The Developer agrees that in the said event that the Municipality has given the Developer written notice of default and the Developer does not, within Ten (10) days of receipt of the written notice, dispute that it is not rectified in default, then the City may complete and Developer shall conclusively be deemed to have acknowledged the default. 13.4 In the event that the Developer has failed to rectify such default within the period of Thirty (30) days from the receipt of the notice of Default provided by the Municipality pursuant to Section 13.1 and no arbitration been requested by the Developer or from confirmation of the default by the Arbitrator pursuant to Section 13.2, the Municipality may, but shall not be obligated to, undertake any work it considers necessary in order to remedy such default and any costs or liability incurred by the Municipality in respect thereof shall be at the Developer’s sole cost and expense. The Developer shall pay such costs to the Municipality within Thirty (30) days of receiving demand for payment from the Municipality. 13.5 Notwithstanding anything to the contrary herein, in the event that the Municipality, in its discretion, considers it necessary to undertake any immediate work in connection with the construction, installation or repair of the Municipal Improvements in a situation which the Municipality considers to be an emergency, the Municipality shall immediately notify the Developer of such situation and shall be entitled to invoice then cause such work to be done; PROVIDED, that upon completion of said emergency work, the Municipality shall give notice in writing to the Developer under if the provisions Municipality claims that such repair work was made necessary by reason of Article VIII hereof and make demands as obligee a default on the security. Time shall be part of the essence hereof. 3 a. In the event that the City claims that the Developer is in default in the observance and or performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give and if the Developer notice in writing of such denies the claimed default, it shall within Ten (10) days request a reference to arbitration pursuant to the provisions of Section 14 hereof. 13.6 The Developer agrees that the Municipality shall, for purposes of undertaking any emergency work or work to rectify a default, have free and shall by such notice either require uninterrupted access to all portions of the Development Area and any other areas under the control of the Developer to rectify and that the Municipality shall not be hindered nor restricted in any manner whatsoever in obtaining or exercising such default with five (5) days right of access. 13.7 The decision of the receipt Arbitrator in any reference respecting a claimed default on the part of such notice or notify the Developer that shall be final and binding upon the City intends to rectify such default at Municipality and the Developer's cost . 13.8 The Municipality and expensethe Developer agree that any rights and remedies available to the Municipality whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the Municipality shall be entitled to enforce any right or remedy in any manner the Municipality deems appropriate in its discretion without prejudicing or waiving any other right or remedy otherwise available to the Municipality.

Default by the Developer. 1. 20.1 In the event that the City Municipality claims that the Developer is in default in the observance and/or and performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and or conditions of Article VI hereof)this Agreement, the City shall Municipality may give the Developer written Thirty (30) days notice in writing of such claimed default with such notice and requiring the Developer to rectify the same within a thirty the said period of Thirty (30) day period from the date of the written noticedays. 2. 20.2 If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately within Ten (10) days of receipt of such notice request a reference to arbitration pursuant to the provisions of Article XVII Section 21 hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereofSection 20.1, have a period of thirty Thirty (30) days from the receipt of the arbitration ruling of the Arbitrator within which to rectify such default. If . 20.3 The Developer agrees that in the said event that the Municipality has given the Developer written notice of default and the Developer does not, within Ten (10) days of receipt of the written notice, dispute that it is not rectified in default, then the City may complete and Developer shall conclusively be deemed to have acknowledged the default. 20.4 In the event that the Developer has failed to rectify such default within the period of Thirty (30) days from the receipt of the notice of Default provided by the Municipality pursuant to Section 20.1 and no arbitration been requested by the Developer or from confirmation of the default by the Arbitrator pursuant to Section 20.2, the Municipality may, but shall not be obligated to, undertake any work it considers necessary in order to remedy such default and any costs or liability incurred by the Municipality in respect thereof shall be at the Developer’s sole cost and expense. The Developer shall pay such costs to the Municipality within Thirty (30) days of receiving demand for payment from the Municipality. 20.5 Notwithstanding anything to the contrary herein, in the event that the Municipality, in its discretion, considers it necessary to undertake any immediate work in connection with the construction, installation or repair of the Municipal Improvements in a situation which the Municipality considers to be an emergency, the Municipality shall immediately notify the Developer of such situation and shall be entitled to invoice then cause such work to be done; PROVIDED, that upon completion of said emergency work, the Municipality shall give notice in writing to the Developer under if the provisions Municipality claims that such repair work was made necessary by reason of Article VIII hereof and make demands as obligee a default on the security. Time shall be part of the essence hereof. 3 a. In the event that the City claims that the Developer is in default in the observance and or performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give and if the Developer notice in writing of such denies the claimed default, it shall within Ten (10) days request a reference to arbitration pursuant to the provisions of Section 21 hereof. 20.6 The Developer agrees that the Municipality shall, for purposes of undertaking any work under this Section, have free and shall by such notice either require uninterrupted access to all portions of the Development Area and any other areas under the control of the Developer to rectify and that the Municipality shall not be hindered nor restricted in any manner whatsoever in obtaining or exercising such default with five (5) days right of access. 20.7 The decision of the receipt Arbitrator in any reference respecting a claimed default on the part of such notice or notify the Developer that shall be final and binding upon the City intends to rectify such default at Municipality and the Developer's cost . 20.8 The Municipality and expensethe Developer agree that any rights and remedies available to the Municipality whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the Municipality shall be entitled to enforce any right or remedy in any manner the Municipality deems appropriate in its discretion without prejudicing or waiving any other right or remedy otherwise available to the Municipality.