Common use of Developer’s Default Clause in Contracts

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.