Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than 48 hours in advance. This contract is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part.
Developer’s Default. The Developer agrees that should it default in performing any of its obligations under this Agreement, and it becomes necessary to engage an attorney to file necessary legal action to enforce provisions of this Agreement or sue for any sums of money due and owing or liability arising incidental to the Agreement, Developer shall pay to the Town all reasonable attorney's fees and expenses of litigation stemming from said default.
Developer’s Default. In the event that the Developer fails to properly install services, correct deficient work, or complete any part of the Pre-Servicing Works, then the Municipality may give notice to the Developer of any such deficiency or failure. In the event the Developer fails, within seven (7) days of such notice, to rectify the deficiency to the satisfaction of the Municipality, then the Municipality will be entitled to enter the Lands and correct the problem, or conduct any other remedial work, as it sees fit at the expense of the Developer. In the event of an emergency, the Municipality will be entitled to enter the Lands forthwith without notice to the Developer in order to secure the site and rectify the emergency situation, at the expense of the Developer. In the event the Developer fails to pay any costs or expenses without thirty (30) days of notice from the Municipality, then the Municipality will be entitled to realize upon the securities lodged in addition to any other rights or remedies the Municipality may have, including the right to add the costs or expenses to the tax roll of the Lands pursuant to the provisions of the Municipal Act whereupon such amount shall be conclusively deemed to be tax arrears and may be collected in the same manner as tax arrears. The Developer shall be responsible for any and all costs for enforcement of this Agreement for rectification of deficient work, including legal costs. Any costs or expenses incurred by the Municipality will constitute a lien against the Lands. Any entry onto the Lands by the Municipality to enforce its rights or to rectify deficient work will be as agent of the Developer only and shall not be construed as acceptance or assumption of any of the Pre-Servicing Works by the Municipality.
Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight
Developer’s Default. In the event that Developer fails to perform any of its obligations under this Agreement for any reason other than the Commission's default or the permitted termination of this Agreement by either the Commission or Developer as expressly provided in this Agreement, the Commission shall be entitled, as its sole remedy, to terminate this Agreement (except for rights or obligations which expressly survive the termination of this Agreement) and to recover all third party costs incurred with respect to the Agreement and the Project, including, but not limited to reasonably incurred attorney and other professional fees, in an amount not to exceed $100,000.00.
Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance, unless this agreement provides for greater notice. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part upon the Property to recover the costs. For this purpose, the Developer expressly waives any procedural and substantive objections to the special assessments, including, but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the property as provided herewith.
Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, after written notice thereof and expiration of the cure period, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City (in which event no notice is necessary), is first given notice of the work in default, not less than five (5) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part upon the Property to recover the costs thereof. For this purpose, the Developer expressly waives any procedural and substantive objections to the special assessments, if any, including, but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the property.
Developer’s Default. The occurrence of any one of the following events shall be considered a "Default" of this Agreement by Developer:
Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, following at least thirty (30) days prior written notice and Developer’s failure to cure such default within such time-frame, except in an emergency as determined by the City, the City may, at its option, perform the work and the Developer shall promptly, following receipt of an invoice and reasonable substantiation of such costs, reimburse the City for any actual and reasonable expenses incurred by the City. This Agreement is a license for the City to act when so authorized under this Agreement, and it shall not be necessary for the City to seek a Court order for permission to enter the property. When the City does any such work, the City may, in addition to its other remedies, assess the actual and reasonable costs per Section 4.
Developer’s Default. The occurrence of any of the following events shall constitute a default under this Agreement by Developer.
10.1.1 Any default or event of default by Developer (after the expiration of any applicable cure period) under the Deed of Lease.
10.1.2 Developer’s abandonment of the construction of the Project for thirty (30) consecutive working days (excluding Saturdays, Sundays, and holidays under law of the Commonwealth of Puerto Rico) for any reason whatsoever other than reasons of Force Majeure events.
10.1.3 Any failure to obtain, assign, deliver or keep in force the insurances required by this Agreement.
10.1.4 If Developer shall make an assignment for the benefit of creditors, file a petition in bankruptcy, apply to or petition any court for the appointment of a custodian, receiver, intervenor or trustee for Developer or a substantial part of its assets; or if Developer shall commence any proceeding under any bankruptcy, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction, whether now or hereafter in effect; or if any such petition your application should have been filed or proceeding commenced against developer which remains not dismissed for sixty (60) days or more or in which an order for relief is enter; or if Developer shall suffer any such appointment of a custodian, receiver, intervenor or trustee to continue undischarged for sixty (60) days or more.
10.1.5 Developer’s failure to observe, comply with or perform any other covenant, condition or agreement made by Developer in this Agreement, and the continuation of such failure or default for a period of thirty (30) consecutive days after written notice to Developer by the LRA; provided, however, if such failure cannot reasonably be cured within thirty (30) days, and developer, within said thirty (30) day period, shall have commenced and thereafter, at all times, continues diligently and in good faith to prosecute the cure at all times of such failure, then during such curative period, said failure shall not constitute a default here under; provided further that any failure that can be cured by the payment of money shall be never be deemed a failure that cannot be cured within 30 days.
