Common use of Description of Redeveloper Covenants Clause in Contracts

Description of Redeveloper Covenants. Upon satisfaction of the Conditions Precedent, the covenants to be imposed upon Redeveloper, including its successors and assigns, shall be that Redeveloper, including its successors and assigns, until a Certificate of Completion issues, shall: (1) In connection with its use or occupancy of the Project, not effect or execute any covenant, agreement, lease, conveyance or other instrument whereby the Redevelopment Area or any building or structure erected or to be erected thereon is restricted upon the basis of age, race, color, creed, religion, ancestry, national origin, sex or familial status, and Redeveloper, including its successors and assigns, shall comply with all Applicable Laws prohibiting discrimination or segregation by reason of age, race, color, creed, religion, ancestry, national origin, sex or familial status. (2) Redeveloper shall make good faith, commercially reasonable efforts to design, construct, and operate the Project, all of which shall be performed, if at all, in compliance with the terms and provisions of the Redevelopment Plan, Governmental Approvals, Applicable Laws and this Redevelopment Agreement in all material respects; provided, however, that Redeveloper shall not be deemed to be in breach of this Agreement if Redeveloper (a) cannot do so as a result of Force Majeure and/or (b) diligently contests, in good faith and by appropriate proceedings, such compliance with any of the aforesaid Applicable Laws or applicable Governmental Approvals. Notwithstanding the immediately preceding sentence, however, nothing herein shall obligate Redeveloper to actually develop all or any Phase of the Project. (3) Use commercially reasonable diligent efforts to (i) obtain all Governmental Approvals requisite to the construction and development of the Project, including evidence satisfactory to the Redevelopment Entity that its use of the Project is in compliance with all Applicable Laws, subject to Force Majeure and the reasonable efforts of Redevelopment Entity and every other governmental entity and (ii) following commencement of vertical construction, ensure Completion of Construction of the Project within the time period specified in Section 5.2 hereof. (4) Upon completion of the development and construction of the Project, use commercially reasonable diligent efforts to obtain all Governmental Approvals authorizing the occupancy and uses of the Project for the purposes contemplated herein, subject to Force Majeure and the reasonable efforts and cooperation of Redevelopment Entity and every other governmental entity. (5) Following commencement of vertical construction, diligently undertake the construction and development of the Project subject to Force Majeure in substantial compliance with any agreement executed by Redeveloper and any construction lender (each a “Loan Agreement”). (6) Not encumber or hypothecate the Project, or any part thereof, as collateral for an unrelated transaction without the express written consent of any applicable lender. (7) During construction of the Project, keep debris and/or waste materials containerized and/or stored and disposed of within normal industry standards. (8) Promptly notify the Redevelopment Entity of any material adverse change in its financial condition from the information provided to the Redevelopment Entity by the Redeveloper, or any other material adverse change in the Redeveloper’s financial capability to design, develop, finance, construct and operate the Project in furtherance of the City’s consideration for executing this Agreement with the Redeveloper if such change will materially impair the Redeveloper’s ability to perform its obligations pursuant to the terms of this Agreement. (9) Keep and maintain in good condition the Project prior to the issuance of a Certificate of Occupancy, including but not limited to any landscaping required to be planted to the extent required by any Loan Agreement subject to Force Majeure. The covenants and restrictions listed within this Section shall be binding upon the Redeveloper, its successors and assigns and shall be recorded in the form of a Declaration of Covenants and Restrictions within ninety (90) days of the Effective Date of this Agreement. These covenants and restrictions shall remain in effect for the period set forth in Section 4.2 hereof.

Description of Redeveloper Covenants. Upon satisfaction of the Conditions Precedent, the covenants to be imposed upon Redeveloper, including its successors and assigns, shall be that Redeveloper, including its successors and assigns, until a Certificate of Completion issues, shall: (1) In connection with its use or occupancy of the Project, not effect or execute any covenant, agreement, lease, conveyance or other instrument whereby the Redevelopment Area or any building or structure erected or to be erected thereon is restricted upon the basis of age, race, color, creed, religion, ancestry, national origin, sex or familial status, and Redeveloper, including its successors and assigns, shall comply with all Applicable Laws prohibiting discrimination or segregation by reason of age, race, color, creed, religion, ancestry, national origin, sex or familial status. (2) Redeveloper Comply with all obligations under this Agreement and shall make good faithat all times develop, commercially reasonable efforts to design, constructfinance, construct and operate the ProjectProject or cause the Project to be developed, all of which shall be performeddesigned, if at allfinanced, constructed and operated in compliance a manner not inconsistent with the terms conditions and provisions requirements of Applicable Laws, applicable Governmental Approvals, this Agreement, and the Redevelopment Plan, Governmental Approvals, Applicable Laws and this Redevelopment Agreement in all material respectsto the extent required by any lender; provided, however, that Redeveloper shall not be deemed to be in breach of this Agreement if Redeveloper (a) cannot do so as a result of Force Majeure and/or (b) diligently contests, in good faith and by appropriate proceedings, such compliance with any of the aforesaid Applicable Laws or applicable Governmental Approvals. Notwithstanding the immediately preceding sentence, however, nothing herein shall obligate Redeveloper to actually develop all or any Phase of the Project. (3) Use commercially reasonable diligent efforts to (i) obtain all Governmental Approvals requisite to the construction and development of the Project, including evidence satisfactory to the Redevelopment Entity that its use of the Project is in compliance with all Applicable Laws, subject to Force Majeure and the reasonable efforts of Redevelopment Entity and every other governmental entity and (ii) following commencement of vertical construction, ensure Completion of Construction of the Project within the time period specified in Section 5.2 6.2 hereof... (4) Upon completion of the development and construction of the Project, use commercially reasonable diligent efforts to obtain all Governmental Approvals authorizing the occupancy and uses of the Project for the purposes contemplated herein, subject to Force Majeure and the reasonable efforts and cooperation of Redevelopment Entity and every other governmental entity. (5) Following commencement of vertical construction, diligently Diligently undertake the construction and development of the Project subject to Force Majeure in substantial compliance with any agreement executed by Redeveloper and any construction lender (each a “Loan Agreement”). (6) Not encumber or hypothecate the Project, or any part thereof, as collateral for an unrelated transaction without the express written consent of any applicable lender. (7) During construction of the Project, keep debris and/or waste materials containerized and/or stored and disposed of within normal industry standards. (8) Promptly Immediately notify the Redevelopment Entity of any material adverse change in its financial condition from the information provided to the Redevelopment Entity by the Redeveloper, or any other material adverse change in the Redeveloper’s financial capability to design, develop, finance, construct and operate the Project in furtherance of the City’s consideration for executing this Agreement with the Redeveloper if such change will materially impair the Redeveloper’s ability to perform its obligations pursuant to the terms of this Agreement. (9) Keep and maintain in good condition the Project prior to the issuance of a Certificate of Occupancy, including but not limited to any landscaping required to be planted to the extent required by any Loan Agreement subject to Force Majeure. The covenants and restrictions listed within this Section section shall be binding upon the Redeveloper, its successors and assigns and shall be recorded in the form of a Declaration of Covenants and Restrictions within ninety (90) days of the Effective Date of this Agreement. These covenants and restrictions shall remain in effect for the period set forth in Section 4.2 hereof.

Description of Redeveloper Covenants. Upon satisfaction of the Conditions Precedent, the covenants to be imposed upon Redeveloper, including its successors and assigns, shall be that Redeveloper, including its successors and assigns, until a Certificate of Completion issues, shall: (1) In connection with its use or occupancy of the Project, not effect or execute any covenant, agreement, lease, conveyance or other instrument whereby the Redevelopment Area or any building or structure erected or to be erected thereon is restricted upon the basis of age, race, color, creed, religion, ancestry, national origin, sex or familial status, and Redeveloper, including its successors and assigns, shall comply with all Applicable Laws prohibiting discrimination or segregation by reason of age, race, color, creed, religion, ancestry, national origin, sex or familial status. (2) Redeveloper Comply with all obligations under this Agreement and shall make good faithat all times develop, commercially reasonable efforts to design, constructfinance, construct and operate the ProjectProject or cause the Project to be developed, all of which shall be performeddesigned, if at allfinanced, constructed and operated in compliance a manner not inconsistent with the terms conditions and provisions requirements of Applicable Laws, applicable Governmental Approvals, this Agreement, and the Redevelopment Plan, Governmental Approvals, Applicable Laws and this Redevelopment Agreement in all material respectsto the extent required by any lender; provided, however, that Redeveloper shall not be deemed to be in breach of this Agreement if Redeveloper (a) cannot do so as a result of Force Majeure and/or (b) diligently contests, in good faith and by appropriate proceedings, such compliance with any of the aforesaid Applicable Laws or applicable Governmental Approvals. Notwithstanding the immediately preceding sentence, however, nothing herein shall obligate Redeveloper to actually develop all or any Phase of the Project. (3) Use commercially reasonable diligent efforts to (i) obtain all Governmental Approvals requisite to the construction and development of the Project, including evidence satisfactory to the Redevelopment Entity that its use of the Project is in compliance with all Applicable Laws, subject to Force Majeure and the reasonable efforts of Redevelopment Entity and every other governmental entity and (ii) following commencement of vertical construction, ensure Completion of Construction of the Project within the time period specified in Section 5.2 hereof. (4) Upon completion of the development and construction of the Project, use commercially reasonable diligent efforts to obtain all Governmental Approvals authorizing the occupancy and uses of the Project for the purposes contemplated herein, subject to Force Majeure and the reasonable efforts and cooperation of Redevelopment Entity and every other governmental entity. (5) Following commencement of vertical construction, diligently Diligently undertake the construction and development of the Project subject to Force Majeure in substantial compliance with any agreement executed by Redeveloper and any construction lender (each a “Loan Agreement”). (6) Not encumber or hypothecate the Project, or any part thereof, as collateral for an unrelated transaction without the express written consent of any applicable lender. (7) During construction of the Project, keep debris and/or waste materials containerized and/or stored and disposed of within normal industry standards. (8) Promptly Immediately notify the Redevelopment Entity of any material adverse change in its financial condition from the information provided to the Redevelopment Entity by the Redeveloper, or any other material adverse change in the Redeveloper’s financial capability to design, develop, finance, construct and operate the Project in furtherance of the City’s consideration for executing this Agreement with the Redeveloper if such change will materially impair the Redeveloper’s ability to perform its obligations pursuant to the terms of this Agreement. (9) Keep and maintain in good condition the Project prior to the issuance of a Certificate of Occupancy, including but not limited to any landscaping required to be planted to the extent required by any Loan Agreement subject to Force Majeure. The covenants and restrictions listed within this Section shall be binding upon the Redeveloper, its successors and assigns and shall be recorded in the form of a Declaration of Covenants and Restrictions within ninety (90) days of the Effective Date of this Agreement. These covenants and restrictions shall remain in effect for the period set forth in Section 4.2 hereof.