Delays, Extensions and City Approval Sample Clauses

Delays, Extensions and City Approval. In the event of an unavoidable delay in the performance by the Developer of their obligations under this Agreement, due to unforeseeable causes beyond their control and without Developer’s fault or negligence, including, but not restricted to, acts of God or acts of war or terrorism; acts of the federal, state or county government that directly impact the Project; acts of the judiciary not resulting from Developer’s breach of this Agreement or fault of Developer, including injunctions, temporary restraining orders and decrees; acts of other Parties to this Agreement; fires; floods; epidemics; unanticipated environmental contamination (any of the preceding, an “Enforced Delay” or “Enforced Delays”); the time for performance of such obligations shall be extended for the period of the Enforced Delays; provided, however, the Party seeking the benefit of the provisions of this section shall, within twenty one (21) days after the beginning of such Enforced Delay, have first notified the other Party in writing of the causes thereof and requested an extension for the period of the Enforced Delay. With respect to any matters that are within the discretion or approval of the City, DDA and ELBRA, those Parties shall: (i) use good faith in considering and negotiating matters proposed by or under discussion with the Developer, (ii) act reasonably in all dealings with the Developer, (iii) not unreasonably withhold, condition or delay any approvals within its discretion, and (iv) act reasonably to assist the Developer in completion of the Project. In addition to any extension provided for any Enforced Delay, in the event that the City, its agents and/or employees take or fail to take any action that unreasonably delays the Developer from meeting the schedule provided for herein or unreasonably withhold, condition or delay any approval under this Agreement, then the City shall be in breach of this Agreement and Developer may seek an order for specific performance of the terms of this Agreement in accordance with Section VIII (n).
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Delays, Extensions and City Approval. In the event of an unavoidable delay (“Enforced Delay”) in the performance by the Developer of its obligations under this agreement, due to unforeseeable causes beyond its control and without fault or negligence, including, but not restricted to, acts of God or acts of war or terrorism; acts of the federal, state, county or city government that directly impact the Project; acts of the judiciary not resulting from the Developer’s breach of this Agreement or fault of the Developer, including injunctions, temporary restraining orders and decrees; acts of the other party in breach of this agreement; fires; floods; epidemics; unanticipated environmental contamination; strikes, lock-outs, labor trouble; inability to procure materials; failure of power; riots, insurrection, war, acts or negligence of the other party or their agents or other reason of like nature not the fault of the party delayed, the time for performance of such obligations shall be extended for the period of the Enforced Delays; provided, however, the party seeking the benefit of the provisions of this section shall, within twenty one (21) days after the beginning of such Enforced Delay, have first notified the other party in writing of the causes thereof and requested an extension for the period of the Enforced Delay. With respect to any matters that are within the discretion or approval of the City, the City shall:
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Related to Delays, Extensions and City Approval

  • City Approval Wherever any approval or consent of the City, or of any of its departments, officials or employees, is called for under this Agreement, the same shall not be unreasonably withheld or delayed.

  • FAA APPROVAL This Agreement may be subject to approval of the FAA. If the FAA disapproves this Agreement, it will become null and void, and both Parties will bear their own expenses relative to this Agreement, up to the date of disapproval.

  • AUTHORITY APPROVALS Except as otherwise indicated elsewhere in this Agreement, wherever in this Agreement approvals are required to be given or received by Authority, it is understood that the CEO, or a designee of the CEO, is hereby empowered to act on behalf of Authority.

  • State Approval of Replacement Personnel The Engineer may not replace the project manager or key personnel without prior consent of the State. The State must be satisfied that the new project manager or other key personnel is qualified to provide the authorized services. If the State determines that the new project manager or key personnel is not acceptable, the Engineer may not use that person in that capacity and shall replace him or her with one satisfactory to the State within forty-five (45) days.

  • Application Approval Our representative will notify you (or one of you, if there are co-applicants) of the Application approval, execute the Lease agreements for signature prior to occupancy, and, once complete, credit the application deposit of all applicants toward the required security deposit.

  • City Council Approval It is agreed that this MOU is of no force or affect until ratified by the City Council of the City of Lompoc.

  • Approval/Non-Approval We will notify you whether your Application has been approved or denied within 14 days after the date we receive a completed Application. Notification may be in person or by mail or telephone unless you have requested that notification be by mail. You must not assume approval until you receive actual notice of approval. The 14-day time period may be changed only by separate written agreement.

  • Refund After Non-Approval or Rejection If you or any co-applicant is disapproved or denied under Paragraph 5, we’ll refund all application deposits within 7 days of such disapproval. Refund checks may be made payable to all co-applicants and mailed to one applicant. If the application deposit was paid via check and has not yet been deposited, you may request your check be destroyed instead of a refund check being issued.

  • NOTICE, APPLICATION, AND APPROVALS 12.1 - Any notice to Lessor or Lessee required by this Lease shall be complete if submitted in writing and transmitted by personal delivery (with signed delivery receipt), or certified or registered mail return receipt request, or by a nationally recognized overnight delivery service. Unless either party notifies the other in writing of a different mailing address, notice to the Lessor and/or Lessee shall be transmitted to:

  • Commission Approval The Parties understand and agree that this Agreement will be filed with the Commission for approval by such Commission (or the FCC if the Commission fails to act) pursuant to Section 252 of the Act. Each Party specifically reserves its right to judicial review of this Agreement under Section 252(e)(6) of the Act, or any other available remedy at law or equity. If the Commission, the FCC or any court rejects any portion of this Agreement, the Parties agree to meet and negotiate in good faith to arrive at a mutually acceptable modification of the rejected portion and any provisions that would be materially affected by deletion of the rejected portion; provided that such rejected portion shall not affect the validity of the remainder of this Agreement. The Parties acknowledge that nothing in this Agreement shall limit a Party's ability, independent of such Party's agreement to support and participate in the approval of this Agreement, to assert public policy issues relating to the Act, including challenging the validity of any portion of the Act or an FCC or Commission rule, order, Guideline or other determination made pursuant to the Act, or the application by CBT for suspension or modification of portions of the Act or rules pursuant to Section 251(f)(2) of the Act. In the event CBT obtains a suspension or modification of any portion of the Act or rules thereunder pursuant to Section 252(f)(2) of the Act, the Parties shall negotiate as necessary to incorporate the applicable terms and conditions of such suspension or modification and the Parties agree to negotiate as necessary in order to clarify the application of such suspension or modification to the terms of into this Agreement.

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