Developer’s Breach Clause Samples
The "Developer’s Breach" clause defines the consequences and remedies available if the developer fails to meet their contractual obligations. Typically, this clause outlines what constitutes a breach, such as missing deadlines, delivering substandard work, or failing to comply with project specifications, and may specify steps the client can take, like issuing a notice of default or seeking damages. Its core practical function is to protect the client by providing clear recourse in the event of the developer’s non-performance, thereby allocating risk and encouraging adherence to the contract terms.
Developer’s Breach. Upon breach by Developer or District, until any security is invoked or until the breach is otherwise remedied, Centennial, by and through CURA, shall have the right to refuse to issue for any phase of development building permits, certificates of occupancy, temporary certificates of occupancy, or approve any application or request for approval for that portion of the Property identified in an ASP in which the default is alleged to occur. Upon such breach and written order from Centennial, Developer shall also cease any development activity within the ASP in which the default is alleged to occur, including construction pursuant to a previously issued approval, authorization or permit. Any amounts due and owing to Centennial under this Agreement that are not paid in a timely manner may be certified to the Arapahoe County Treasurer for collection with taxes.
Developer’s Breach. Subject to Force Majeure (as defined in this Agreement), the Developer’s failure to comply at all times with its obligations contained herein shall be a material breach of this Agreement. Upon such breach, the City and CRA may suspend the payment of the Grant until such breach is cured to the reasonable satisfaction of the City and CRA. The City or CRA shall provide written notice of such breach to the Developer (“Notice of Breach”), and the Developer’s failure to cure such breach within thirty (30) calendar days from the date of its receipt of the Notice of Breach shall result in the immediate termination of the CRA or the City’s obligation to pay the Grant, provided, however, that if the nature of the breach is such that it cannot reasonably be cured within such 30 day period, then the Developer shall have up to an additional ninety (90) days (as determined in the City’s reasonable discretion) to cure such breach provided that it diligently undertakes and pursues such cure, and further provided that the Developer provides the City with documentation evidencing that it is diligently undertaking and pursuing such cure to the City’s reasonable satisfaction, but in any event, the Developer shall not have more than one hundred twenty (120) days from its receipt of the Notice of Breach to cure such breach.
Developer’s Breach. (a) Subject to clause 3.11(b), Pharmaxis Agrees that if the Developer breaches any of its obligations under this Deed, other than any breach caused or contributed to by delay or timeliness, Pharmaxis’ only claim will be in damages against the Developer and that Pharmaxis shall not:
(i) except for Pharmaxis’ rights under clauses 3.2(c), 3.5 and 13.1, be entitled to terminate this Deed nor the Lease;
(ii) have any claim whatsoever against GE as a result of the Developer’s breach.
(b) If the Developer is in breach of its obligations under this Deed, GE agrees to consult with Pharmaxis and take such action as is reasonable in the circumstances to:
(i) exercise its rights under the Development Agreement to require the Developer to carry out the Developer’s Works; or
(ii) otherwise complete the Developer’s Works.
Developer’s Breach. (a) Upon breach by ▇▇▇▇▇▇▇▇▇, until the breach is otherwise remedied, by the Developer or by Gypsum, Gypsum shall have the right to refuse to approve any Application for any phase of development within the Property and/or disconnect pubic services by Gypsum. Upon such breach and written order from Gypsum, Developer shall also cease any development activity, including construction pursuant to a previously issued building permit. Any amounts due and owing to Gypsum under this Agreement which are not paid in a timely manner may be certified to the Eagle County Treasurer pursuant to Section ▇▇-▇▇-▇▇▇, C.R.S., for collection with taxes. ▇▇▇▇▇▇ may also record a lien against the Property and/or seek a judgment against the Developer and/or its successors in interest to recover any deficiencies.
(b) In the event that Gypsum determines to draw on the Construction Security or the Warranty Security and determines to perform or contract for the construction of the improvements, and in the event that the amount of such security is inadequate or such security is otherwise not available, then Gypsum is entitled to charge or assess such amounts against the Property and certify collection thereof to the Eagle County Assessor pursuant to Section ▇▇-▇▇-▇▇▇, C.R.S., impose a lien on the Property, and/or seek a judgment against the Developer and/or its successors in interest to recover any deficiencies.
(c) In the event that Gypsum determines to draw on the Construction Security, Warranty Security, or other performance bond, Gypsum shall give notice of any claim that Gypsum may assert against Developer on the performance bond to the surety thereunder, unless waived in writing by the surety. Gypsum’s act of giving such notice, or failure to give notice, shall not be a breach of this Agreement and shall not affect Gypsum’s right to seek or pursue any remedy provided for in the performance bond or under any other provisions of this Agreement.
Developer’s Breach. Subject to Force Majeure (as defined in this Agreement), Developer’s failure to comply at all times with its obligations contained herein shall be a material breach of this Agreement. Upon the occurrence of any such breach, the City or CRA shall provide written notice of such breach to Developer (“Notice of Breach”), and Developer’s failure to cure such breach within thirty (30) calendar days from the date of its receipt of the Notice of Breach may result in the City or CRA’s immediate request for the Foundation to refund all unspent CRA Funds or City Funds still remaining in the Funds Account.