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DEFECT OR DEFAULT BY DEVELOPER Sample Clauses

DEFECT OR DEFAULT BY DEVELOPER. 25.01(1) Default occurs under this Agreement if: (a) the developer becomes bankrupt or insolvent; (b) a receiver or receiver-manager is appointment for the Developer; (c) the Developer fails to comply with the terms of any relevant Wetland Compensation Agreement; or (d) The Developer fails, neglects, or refuses to complete all design, installation, construction or other obligation contemplated in this agreement before the Construction Completion Date
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DEFECT OR DEFAULT BY DEVELOPER. 25.01 Upon failure, neglect or refusal of the Developer to complete all design, installation, construction or other obligation contemplated in this Agreement before the Construction Completion Date or to comply with any notice of defect or default in connection with this Agreement, given in writing to the Developer by the Manager, Urban Development, within thirty (30) days of the delivery of the notice to the Developer, the City shall have the right, and is hereby entitled but not obligated to take all or any of the following actions: (1) to remedy or cause to be remedied the defect or default; (2) to terminate this Agreement upon 15 days notice in writing to the Developer; (3) to complete or cause to be completed the development or portions thereof; and (4) to recover the costs of any action taken by the City pursuant to (a), (b), or (c) above, and any other monies owing to the City by the Developer under this Agreement, from the Developer by drawing upon the Security, or by any or all other methods of recovery, or any one of them, deemed advisable or expedient by the City including, but not limited to, any methods of recovery available to the City pursuant to the Municipal Government Act.
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DEFECT OR DEFAULT BY DEVELOPER. 25.01 (1) Default occurs under the Agreement if: (a) the Developer ceases or appears to have ceased operations, or, in the reasonable opinion of the City, is insolvent, or is adjudged bankrupt, or seeks a protection order under any bankruptcy, creditor protection, or insolvency legislation, or makes a general assignment for the benefit of its creditors, or a receiver is appointed by a court of competent jurisdiction on account of the Developer’s insolvency, or (b) the Developer fails, neglects, or refuses to complete all design, installation, construction or satisfy any other obligations contemplated in the Agreement before the Construction Completion Date.
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DEFECT OR DEFAULT BY DEVELOPER. 16.01 In the event that the Developer fails to effect the repairs or replacements as required by the Director, Calgary Approvals Coordination, in accordance with Paragraphs 12.3, 14.3 and 15.3, within thirty (30) days of written notice to the Developer, the City shall have the right, and is entitled, but not obligated, to take all or any of the following actions: to remedy or cause to be remedied the defect or default; to terminate this Agreement upon fifteen (15) days’ further notice to the Developer; to complete or cause to be Completed the Work; and to recover from the Developer the costs of any action taken by the City pursuant to (a) or (c) above, and any other monies owing to the City by the Developer under this Agreement, by drawing upon the Performance and Maintenance Security or by any or all other methods of recovery available to the City pursuant to the Municipal Government Act, R.S.A. 2000, c. M-26, as amended, or any successor legislation.
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DEFECT OR DEFAULT BY DEVELOPER. 25.01 (1) Default occurs under the Agreement if: (a) the Developer ceases or appears to have ceased operations, or, in the reasonable opinion of the City, is insolvent, or is adjudged bankrupt, or seeks a protection order under any bankruptcy, creditor protection, or insolvency legislation, or makes a general assignment for the benefit of its creditors, or a receiver is appointed by a court of competent jurisdiction on account of the Developer’s insolvency, (b) the Developer fails to comply with the terms of any relevant Wetland Compensation Agreement; or (c) the Developer fails, neglects, or refuses to complete all design, installation, construction or satisfy any other obligations contemplated in the Agreement before the Construction Completion Date.
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DEFECT OR DEFAULT BY DEVELOPER. 13.1 For the purposes of this section, there is a “Defect or Default” if any one or more of the following occurs: (1) The Director determines that the Developer has not performed any or all of its obligations under this agreement; (2) The Director determines that there is an Emergency relating to either or both the City- Lands and Development Site; (3) The Developer has become insolvent or bankrupt or voluntarily subject as a debtor to the provisions of the Winding-Up and Restructuring Act, R.S.C. 1985, c. W-11, the Companies’ Creditors Arrangement Act, R.S.C., 1985, c. C-36, the Bankruptcy and Insolvency Act, R.S.C., 1985 c.B-3, or other law for the reorganization, arrangement, composition, relief or aid of debtors or voluntarily goes into liquidation or consents to the appointment of a receiver or makes a general assignment for the benefit of creditors or otherwise acknowledge its insolvency; or (4) The Developer has a liquidator or a receiver or a trustee in bankruptcy appointed for it under the Companies’ Creditors Arrangement Act, R.S.C., 1985, c. C-36, the Bankruptcy and Insolvency Act, R.S.C., 1985 c.B-3, or any law of Canada or any province thereof relating to bankruptcy or insolvency and such appointment is not vacated or terminated within thirty (30) days or stayed on appeal. 13.2 Subject to subsection 13.5, if there is a Defect or Default and the Developer fails, neglects to, or refuses to comply with any notice of defect or default in connection with this agreement within thirty (30) days of the delivery of a written notice to the Developer by the Director, the City may take all or any of the following actions: (1) Cash the Security and any additional Security provided under this agreement and use the proceeds therefrom to do any or all of the actions set out in this subsection 13.2; (2) Work or measure the Director determines is necessary to protect, remediate, or prevent damage to any or all of the following: (a) City-Lands, (b) public safety, or (c) any place to which the public has or may gain access, including privately- owned adjacent lands, including removing the Removable Portions of the Shoring Work and backfilling any excavation on the Development Site to the grade of the City-Lands; (3) Perform or cause to be performed, or maintain or cause to be maintained the Shoring Work or any portion thereof; (4) Correct any Emergency relating to either or both the City-Lands and Development Site; (5) Hire a geotechnical consultant or soil consu...
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Related to DEFECT OR DEFAULT BY DEVELOPER

  • Default by Owner If one or more of the following Events of Default shall occur and be continuing, that is to say: (a) breach by Owner of the representations, warranties and covenants of the Owner as set forth in Section 6.02 above); then, and in each and every such case (except in instances where the Event of Default has been cured within thirty (30) days after the date on which written notice of such default, requiring the same to be remedied, shall have been given to the Owner by the Servicer), the Servicer, by notice in writing to the Owner, may immediately terminate all of its responsibilities, duties and obligations as servicer under this Agreement. On or after the receipt by the Owner of such written notice, all responsibilities, duties and obligations of the Servicer to service the Mortgage Loans under this Agreement shall on the date set forth in such notice pass to and be vested in the successor appointed pursuant to Section 10 herein.

  • Breach or Default Upon any breach or default by LICENSEE of any term or condition herein contained, ASCAP may terminate this license by giving LICENSEE thirty days notice to cure such breach or default, and in the event that such breach or default has not been cured within said thirty days, this license shall terminate on the expiration of such thirty-day period without further notice from ASCAP. In the event of such termination, ASCAP shall refund to LICENSEE any unearned license fees paid in advance.

  • No Breach or Default Except as shall have been cured, consented to or waived in writing by the Company prior to the Closing or except as set forth on Schedule II attached hereto, none of the execution, delivery or performance of this Agreement and the transactions contemplated hereby does or will, with or without the giving of notice, lapse of time, or both, (i) violate, conflict with, result in a breach of, or constitute a default under or give to others any right of termination, acceleration, cancellation or other right adverse to the Company Entities of (A) the organizational documents, including the charters and bylaws, if any, of the Contributor, (B) any agreement, document or instrument to which the Contributor is a party or by which the Contributor is bound or (C) to the Contributor’s knowledge, any term or provision of any judgment, order, writ, injunction, or decree binding on the Contributor or by which the Contributor or any of its assets or properties are bound or subject; provided in the case of (B) and (C) above, unless any such violation, conflict, breach or default would not have a Material Adverse Effect or (ii) result in the creation of any Lien upon any of the Contributor Interests or any interests therein except such Liens that would not have, or reasonably be expected to have, a Material Adverse Effect.

  • Default by Contractor To the maximum extent permitted by applicable law, failure to comply with any of the terms and/or conditions of this Contract, including these General Conditions, shall constitute default by Contractor and grounds for termination of this Contract. Contractor shall be liable for any and all damages suffered by District due to the failure by Contractor or Contractor’s subcontractor(s) to comply with this Contract.

Most Referenced Clauses

Most Referenced Definitions