Developer Performance Sample Clauses

Developer Performance i. In the event that the Developer fails to obtain the necessary building permits for Building A and Building D in accordance with the timelines set forth herein (except if same are unreasonably withheld, unreasonably conditioned or unreasonably delayed by the City, or any other governmental unit, in contravention of this Agreement, or Enforced Delays), the City may, at its option and within its sole discretion, terminate this Agreement and terminate the related Xxxxxxxxxx Reimbursement Agreement and Xxxxxxxxxx Redevelopment Plan, either immediately or prospectively; provided that, prior to any such termination, the Developer shall have ninety (90) business days to cure any default after written notice of the same.
Sample 1Sample 2Sample 3See All (13)
AutoNDA by SimpleDocs
Developer Performance. Developer shall have performed and satisfied all agreements, covenants and conditions required pursuant to this Agreement to be performed and satisfied by or prior to the Closing Date.
Sample 1Sample 2Sample 3See All (9)
Developer Performance. (a) Except as to events constituting a basis for termination under Section 12.02, each of the following events, if uncured after expiration of the applicable cure period, shall constitute a "Developer's Default":
Sample 1
Developer Performance. Developer agrees to begin construction within days of Land Transfer and shall complete construction within days of commencement. Any changes to these timelines shall be immediately communicated to the HCLBA for consideration of an amendment to the agreement.
Sample 1
Developer Performance. In the event that the Developer fails to demolish the existing buildings or obtain the necessary building permits for Building A in accordance with the timelines set forth herein (except if same are unreasonably withheld, unreasonably conditioned or unreasonably delayed by the City, or any other governmental unit, in contravention of this agreement or Enforced Delays), the City may, at its option and within its sole discretion terminate this Agreement and terminate the related Xxxxxxxxxx Reimbursement Agreement and Xxxxxxxxxx Redevelopment Plan, either immediately or prospectively; provided that, prior to any such termination, the Developer shall have ninety (90) business days to cure any default after written notice of the same. In the event Developer fails to complete Building C by May 1, 2023, subject to any delays permitted under the terms of this Agreement, and the City has provided notice in accordance with paragraph VI a) above, the City may pursue any remedies it has under the law and the City’s remedies are not limited to the Developer’s waiver of its claim for reimbursement of the $2.5 million in Eligible Xxxxxxxxxx Activities as payments for Buildings A and C shall be considered agreed-upon liquidated damages, and the City, the DDA, and the BRA may not otherwise seek damages or specific performance. The City may, however, enforce its zoning ordinance with respect to the effect of the failure to complete Building C as part of its approval of the Project. If the delay is caused by causes beyond the reasonable control of the Developer, and the Developer has started actions to cure such delay, the time to cure shall be extended to the time reasonably needed to complete it.
Sample 1
Developer Performance. In the event that the Developer fails to obtain the necessary approvals set forth in Section 2(a)(i) for the Hotel, then, by written notice given by the City to the Developer within three (3) months following such failure by the Developer, the City may, at its option and within its sole discretion terminate this Agreement. In the event that this Agreement is terminated by the City or the Developer fails to complete the construction of the Hotel and receive certificates of occupancy as set forth in Section 2(a)(iii); then, by written notice given by the City to the Developer within three (3) months following such failure by the Developer, the City Council may, at its option and within its sole discretion, declare the Property to revert back to the “B-2” Retail Sales Business District zoning and terminate the Special Land Use Permit and Site Plan Approval for the Hotel Project. If the zoning of the Property reverts to B-2 as a result of the Developer’s nonperformance, the previously approved Site Plan for the Property shall remain valid for the remaining time period provided by Section 50-36(i) unless modified or extended as provided by Sections 50-36(i) and (k) of the City Code.
Sample 1
Developer Performance. In the event that the Developer fails to obtain the necessary building permits for Building B by the August 31, 2015 (except if same are unreasonably withheld, unreasonably conditioned or unreasonably delayed by the City, or any other governmental unit, in contravention of this agreement) as set forth herein, the City may, at its option and within its sole discretion terminate this Agreement, by sending a written notice to Developer specifying the failure, subject to the provisions below. In the event that this Agreement is terminated on this basis by the City then, by written notice given by the City to the Developer following such failure by the Developer which is not attributed to delays caused by Governing Agencies (which shall be defined as including, whether a party to this Agreement or not, any and all governmental agencies, quasi-governmental agencies and/or any private agencies with jurisdiction over any of the matters relevant to this Agreement, including any subdivisions, employees, agents or affiliates of those agencies; for purposes of this Agreement) or Enforced Delays (collectively, “Governmental/Enforced Delays”), thea City may, at its option and within its discretion, (i) terminate this Agreement, and (ii) terminate the related Xxxxxxxxxx Reimbursement Agreement and Xxxxxxxxxx Redevelopment Plan, either immediately or prospectively; provided that, prior to any such termination, the Developer shall have ninety (90) business days to cure the default, or if the default cannot be reasonably cured within such ninety business day period, the Developer shall commence cure and undertake good faith efforts to complete same as soon as practicable.
Sample 1
AutoNDA by SimpleDocs
Developer Performance. Section 12.05 (a)(2) is hereby amended in its entirety as follows:
Sample 1

Related to Developer Performance

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of:

  • Strict Performance Failure by any party to this Contract to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto.

  • Due Performance Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may, in writing, demand adequate assurance of due performance and until such written assurance is received may, if commercially reasonable, suspend any performance for which the agreed return has not been received.

  • Seller’s Performance (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects.

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • Prompt Performance All actions required to be taken (including payments) by any party under this Agreement shall be performed within the time prescribed for performance in this Agreement, or if no period is prescribed, such actions shall be performed promptly.

  • Continued Performance The Contractor and Contractor Parties shall continue to Perform their obligations under the Contract while any dispute concerning the Contract is being resolved.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!