Common use of Developer Performance Clause in Contracts

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.

Appears in 5 contracts

Samples: Park District Development Agreement, Park District Development Agreement, Park District Development Agreement

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Developer Performance. i. In the event that the Developer fails to obtain the necessary building permits for Building A and Building D the Project 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, reasonable discretion terminate this Agreement and terminate the related Xxxxxxxxxx Reimbursement Agreement and Xxxxxxxxxx Redevelopment PlanBRA Plan #24, 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; and provided further that, such terminations are subject to any outstanding statutory liens or other outstanding Bond obligations at that time.

Appears in 2 contracts

Samples: District Master Development Agreement, District Master Development Agreement

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 B by September 30, 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, or Enforced Delays)agreement) as set forth herein, the City may, at its option and within its sole discretion, discretion a(i) terminate this Agreement 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 any default after written notice of the same.

Appears in 2 contracts

Samples: Park District Development Agreement, Park District Development Agreement

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 Delaysagreement), the City may, at its option and within its sole discretion, 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.

Appears in 1 contract

Samples: Development Agreement

Developer Performance. i. In the event that the Developer fails to obtain the necessary building permits permit for the 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 twenty (9020) business days to cure any default after written notice of the same. The city may extend this time period upon a showing of reasonable and substantial progress in the solereasonable discretion of the City.

Appears in 1 contract

Samples: Place West Development Agreement

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Developer Performance. i. In the event that the Developer fails to demolish the existing buildings or 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, agreement or Enforced Delays), the City may, at its option and within its sole discretion, 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. 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.

Appears in 1 contract

Samples: Park District Development Agreement

Developer Performance. i. In the event that the Developer fails to obtain the necessary building permits permit for the 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.

Appears in 1 contract

Samples: Place West Development Agreement

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