Default of Developer. Developer shall not be in default in any term or condition of this Agreement unless and until the City has provided Developer with written notice that developer has failed to comply with an obligation under this Agreement, and Developer has failed to cure such failure within 30 days of the written notice of noncompliance, unless the nature of the noncompliance is such that it cannot be cured with due diligence within such period, in which case Developer shall be deemed to have failed to commence the cure within such period and thereafter failed to diligently pursue the cure.
Appears in 3 contracts
Samples: Conditional Rezoning Agreement, 3315 McDowell, LLC Conditional Rezoning Agreement, 3315 McDowell, LLC Conditional Rezoning Agreement
Default of Developer. Developer shall not be in default in any term or condition of this Agreement unless and until the City has provided Developer with written notice that developer has failed to comply with an obligation under this Agreement, and Developer has failed to cure such failure within 30 days of the written notice of noncompliance, unless the nature of the noncompliance is such that it cannot be cured with due diligence within such period, in which case Developer shall be deemed to have failed to commence the cure within such period and thereafter failed to diligently pursue the cure.
Appears in 3 contracts
Samples: Conditional Rezoning Agreement, Conditional Rezoning Agreement, Conditional Rezoning Agreement
Default of Developer. Developer shall not be in default in any term or condition of this Agreement unless and until the City has provided Developer with written notice that developer has failed to comply with an obligation under this Agreement, and Developer has failed to cure such failure within 30 days of the written notice of noncompliance, unless the nature of the noncompliance is such that it cannot be cured with due diligence within such period, period in which case Developer shall be deemed to have failed to commence the cure within such period and thereafter failed to diligently pursue the cure.
Appears in 1 contract
Samples: Conditional Rezoning Agreement