Common use of Delays, Extensions and City Approval Clause in Contracts

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).

Delays, Extensions and City Approval. In the event of an unavoidable delay (“Enforced Delay”) in the performance by the Developer of their obligations under this Agreementagreement, 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 state, county or county city government that directly impact the Projectproject; acts of the judiciary not resulting from the Developer’s breach of this Agreement agreement or fault of the Developer, including injunctions, temporary restraining orders and decrees; acts of the other Parties to party in breach of this Agreementagreement; fires; floods; epidemics; unanticipated environmental contamination (any contamination; strikes, lock-outs, labor trouble; inability to procure materials; failure of power; riots, insurrection, war, acts or negligence of the precedingother party of their agents or other reason of like nature not the fault of the party delayed, 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 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 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 the City 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, (iiiii) not unreasonably withhold, condition or delay any approvals within its discretion, and (iviii) 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 agreement in accordance with Section VIII (n).VIII, Paragraph m.

Delays, Extensions and City Approval. In the event of an unavoidable delay (“Enforced Delay”) in the performance by the Developer of their its obligations under this Agreementagreement, due to unforeseeable causes beyond their its 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 state, county or county 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 Parties to party in breach of this Agreementagreement; fires; floods; epidemics; unanticipated environmental contamination (any contamination; strikes, lock-outs, labor trouble; inability to procure materials; failure of power; riots, insurrection, war, acts or negligence of the precedingother party or their agents or other reason of like nature not the fault of the party delayed, 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 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 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 the City 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, (iiiii) not unreasonably withhold, condition condition, or delay any approvals within its discretion, and (iviii) 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 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 agreement in accordance with Section VIII (n).VII, Paragraph f.

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 DeveloperXxxxxxxxx’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).