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.
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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.
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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.
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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.
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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.
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Related to Developer’s Breach

  • Seller’s Breach If Seller defaults in the performance of any term or obligation herein and Closing does not timely occur as a result, Buyer will have the option to give Seller written notice of Buyer’s intention to terminate this Sale Contract and Buyer’s obligations herein will be immediately ended and the ▇▇▇▇▇▇▇ Money Deposit will be promptly and fully refunded, together with any interest accrued thereon, if applicable, or Buyer may have all rights allowed by law and in equity and pursuant to this Sale Contract, including the right to pursue a claim against Seller for specific performance of this Sale Contract, including Seller’s payment of Buyer’s reasonable attorneys’ fees and costs. In no event will Auctioneer have any liability whatsoever on any basis and for any amount as a result of Seller’s breach of this Sale Contract or other wrongful act or omission.

  • Breach A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

  • Data Breach In the event of an unauthorized release, disclosure or acquisition of Student Data that compromises the security, confidentiality or integrity of the Student Data maintained by the Provider the Provider shall provide notification to LEA within seventy-two (72) hours of confirmation of the incident, unless notification within this time limit would disrupt investigation of the incident by law enforcement. In such an event, notification shall be made within a reasonable time after the incident. Provider shall follow the following process: (1) The security breach notification described above shall include, at a minimum, the following information to the extent known by the Provider and as it becomes available: i. The name and contact information of the reporting LEA subject to this section. ii. A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. iii. If the information is possible to determine at the time the notice is provided, then either (1) the date of the breach, (2) the estimated date of the breach, or (3) the date range within which the breach occurred. The notification shall also include the date of the notice. iv. Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided; and v. A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (2) Provider agrees to adhere to all federal and state requirements with respect to a data breach related to the Student Data, including, when appropriate or required, the required responsibilities and procedures for notification and mitigation of any such data breach. (3) Provider further acknowledges and agrees to have a written incident response plan that reflects best practices and is consistent with industry standards and federal and state law for responding to a data breach, breach of security, privacy incident or unauthorized acquisition or use of Student Data or any portion thereof, including personally identifiable information and agrees to provide ▇▇▇, upon request, with a summary of said written incident response plan. (4) LEA shall provide notice and facts surrounding the breach to the affected students, parents or guardians. (5) In the event of a breach originating from ▇▇▇’s use of the Service, Provider shall cooperate with ▇▇▇ to the extent necessary to expeditiously secure Student Data.

  • Material Breach A material breach for purposes of this Agreement shall include, but not be limited to: (a) Failure to timely furnish the documents described in Section 6 or the information requested by GO-Biz or the FTB relating to Taxpayer’s compliance with this Agreement. (b) Material misstatements in any information provided to GO-Biz as part of the application process and/or after this Agreement is signed. (c) Failure to materially satisfy applicable Milestones as set forth in Exhibit A, materiality of which shall be determined by GO-Biz, by the end of the last taxable year identified in Exhibit A. (d) Failure to maintain one or more Milestones for a minimum of three (3) subsequent taxable years after achieving the Milestone(s).

  • Data Breaches Contractor shall notify the School District in writing as soon as commercially practicable, however no later than forty-eight (48) hours, after Contractor has either actual or constructive knowledge of a breach which affects the School District’s Data (an “Incident”) unless it is determined by law enforcement that such notification would impede or delay their investigation. Contractor shall have actual or constructive knowledge of an Incident if Contractor actually knows there has been an Incident or if Contractor has reasonable basis in facts or circumstances, whether acts or omissions, for its belief that an Incident has occurred. The notification required by this section shall be made as soon as commercially practicable after the law enforcement agency determines that notification will not impede or compromise the investigation. Contractor shall cooperate with law enforcement in accordance with applicable law provided however, that such cooperation shall not result in or cause an undue delay to remediation of the Incident. Contractor shall promptly take appropriate action to mitigate such risk or potential problem at Contractor’s or OPERATOR’s expense. In the event of an Incident, Contractor shall, at its sole cost and expense, restore the Confidential Information, to as close its original state as practical, including, without limitation any and all Data, and institute appropriate measures to prevent any recurrence of the problem as soon as is commercially practicable. Contractor will conduct periodic risk assessments and remediate any identified security vulnerabilities in a timely manner. Contractor will also have a written incident response plan, to include prompt notification of the District in the event of a security or privacy incident, as well as best practices for responding to a breach of PII.