DEVELOPER’S DUTIES. Upon termination or expiration of this Agreement, Developer shall, within five (5) business days thereafter, deliver to Owner complete copies of all books and records maintained by Developer for the Project.
DEVELOPER’S DUTIES. The Client hereby engages the Developer and the Developer hereby agrees to be engaged by the Client to develop the Software in accordance with the specifications attached hereto as Exhibit A (the “Specifications”).
1. The Developer shall complete the development of the Software according to the milestones described on the form attached hereto as Exhibit B. In accordance with such milestones, the final product shall be delivered to the Client by MARCH 31, 2016 (the “Delivery Date”).
2. For a period of SIX MONTH after delivery of the final product, the Developer shall provide the Client attention to answer any questions or assist solving any problems with regard to the operation of the Software.
3. Except as expressly provided in this Software Development Agreement, the Client shall not be obligated under this Agreement to provide any other support or assistance to the Developer.
4. The Client may terminate this Software Development Agreement at any time upon material breach of the terms herein and failure to cure such a breach within SIXTY DAYS of notification of such a breach.
5. The Developer shall provide to the Client after the Delivery Date, a cumulative THIRTY DAYS of training with respect to the operation of the Software if requested by the Client.
DEVELOPER’S DUTIES. The Client hereby engages the Developer and the Developer hereby agrees to be engaged by the Client to develop the Software in accordance with the specifications attached hereto as Exhibit A (the “Specifications”). The Developer shall complete the development of the Software according to the milestones described on the form attached hereto as Exhibit B. In accordance with such milestones, the final product shall be delivered to the Client by May 12 (the “Delivery Date”). For a period of 20 days after delivery of the final product, the Developer shall provide the Client attention to answer any questions or assist solving any problems with regard to the operation of the Software up to 90 of hours free of charge and billed to the Client at a rate of $40 per hour for any assistance thereafter. The Developer agrees to respond to any reasonable request for assistance made by the Client regarding the Software within 30 days of the request. Except as expressly provided in this Software Development Agreement, the Client shall not be obligated under this Agreement to provide any other support or assistance to the Developer. The Client may terminate this Software Development Agreement at any time upon material breach of the terms herein and failure to cure such a breach within 20 days of notification of such a breach. The Developer shall provide to the Client after the Delivery Date, a cumulative 2 days of training with respect to the operation of the Software if requested by the Client.
DEVELOPER’S DUTIES. 1. For any offsite infrastructure constructed by the Developer, the Developer shall design, permit, and construct the infrastructure in the location approved by the Town and as shown on plans (to be submitted), according to engineering best practices, requirements of the Town, and requirements of the North Carolina Department of Environmental Quality (NCDEQ) and any other regulatory agency. For any land owned or controlled by the Developer, the Developer shall secure and dedicate to the Town all necessary easements for the construction and perpetual maintenance of the infrastructure referenced. For any land not owned by or controlled by the Developer, the Town shall convey such land owned by the Town to the Developer or secure all necessary easements on land owned by third parties for the construction and perpetual maintenance of the infrastructure referenced in a timely manner so as not to delay the completion of the Developer’s Duties.
2. The Developer shall construct in a workmanlike manner the Onsite Public Infrastructure according to the design specifications and criteria of the Town which are existing at the time of this agreement, as well as full compliance with any NCDENR requirements. Said infrastructure, together with any and all appurtenances, easements, and equipment associated with the project required for public dedication shall be dedicated to the Town in a manner consistent with the development plan and in a manner in accordance with the Town’s standards.
3. The Developer shall construct the public infrastructure according to the plans and specifications submitted in a manner consistent with the standards of the Town which are in effect at the time of this Agreement.
4. The Developer (or his successors, and/or assigns) shall pay all development fees for the development at the time they would otherwise ordinarily be due and in an amount that is determined by the fee schedule approved in the annual budget which is in effect at the time of this Agreement. Developer shall be entitled to reimbursement of all Town levied fees associated with the sewer line installation for the Project in addition to the Town’s contributions to the sewer project described in Section 4 of this Agreement, after completion of the sewer line installation. For any fee that is “credited” or “reimbursed” under this agreement, the Developer (or his successors, and/or assigns) shall pay the fee and request reimbursement against the credit from the Town’s Director of Engine...
DEVELOPER’S DUTIES. The Client hereby engages the Developer and the Developer hereby agrees to be engaged by the Client to develop the Software in accordance with the specifications attached hereto as Exhibit A (the “Specifications”).
1. The Developer shall complete the development of the Software according to the milestones described on the form attached hereto as Exhibit B. In accordance with such milestones, the final product shall be delivered to the Client by [FINAL DELIVERY DATE] (the “Delivery Date”).
2. For a period of [TIME FRAME] after delivery of the final product, the Developer shall provide the Client attention to answer any questions or assist solving any problems with regard to the operation of the Software up to [NUMBER] of hours free of charge and billed to the Client at a rate of [RATE] per hour for any assistance thereafter. The Developer agrees to respond to any reasonable request for assistance made by the Client regarding the Software within [RESPONSE TIME] of the request.
3. Except as expressly provided in this Software Development Agreement, the Client shall not be obligated under this Agreement to provide any other support or assistance to the Developer.
4. The Client may terminate this Software Development Agreement at any time upon material breach of the terms herein and failure to cure such a breach within [TIME TO CURE BREACH] of notification of such a breach.
5. The Developer shall provide to the Client after the Delivery Date, a cumulative [TIME OF TRAINING] of training with respect to the operation of the Software if requested by the Client.
DEVELOPER’S DUTIES. Developer shall cause all of the Public Project Improvements to be designed and constructed as follows:
(1) The Public Project Improvements shall be constructed in accordance with all Legal Requirements and such Developer Public Project Plans (as defined in Section 7.A.(4) below) as are approved by City in writing. Developer, with the assistance of City as requested, shall obtain all approvals and permits required by MoDOT, and any other entities or governmental departments specified by MoDOT, for the Public Project Improvements prior to the commencement of any construction for any Public Project Improvements requiring MoDOT approval. City agrees to cooperate in good faith to facilitate approval of the design, engineering and construction of the Public Project Improvements requiring approval by MoDOT, if any and by any other governmental entities or governmental departments.
(2) The contracts related to the construction of the Public Project Improvements shall be subject to a transparent, open and competitive public bidding process conducted by Developer which will allow for the selection of the lowest and most qualified contractor that is capable of complying with the Redevelopment Schedule to be selected based upon bid criteria developed by Developer and approved in writing by City (the "Public Bid Process"), such approval shall not be unreasonably withheld.
DEVELOPER’S DUTIES. Pursuant to previous agreements by and among the Parties hereto, Developer has agreed to perform and is responsible for mass grading and constructing certain improvements upon the New Public Works Tract to the mutual benefit of the City and Developer in accordance with the plans, specifications, and requirements established by this Agreement. The public improvements to be constructed by Developer, through its Contractor, are collectively referred to throughout this Agreement as the “Sitework”.
DEVELOPER’S DUTIES. Subject to the conditions precedent set forth in Section 11 herein, Developers duties are as follows:
a. Developer shall comply with all City development requirements, all applicable laws, ordinances, rules and regulations, and the provisions of this Contract.
b. Developer shall use its best efforts to acquire all real property set forth in Exhibit A. If Developer is unable to acquire any of such parcels, it shall so notify City in a timely manner to allow City, if it so elects, to acquire such property in accordance with the Development Schedule (Exhibit F) and pursuant to its power of eminent domain as specified in Sections 12.a. and 12.b. of this Contract.
c. Developer shall construct all Private Project Improvements and Phase I Public Project Improvements and shall complete all other development-related activities including, but not necessarily limited to: design, land preparation, environmental evaluation and remediation, construction, management, maintenance and procurement of private financing in sufficient time to comply with the Development Schedule. Changes in the redevelopment program contemplated by the Redevelopment Plan which do not require a statutorily mandated Redevelopment Plan amendment may be made only by agreement of the parties hereto.
d. Subject to the provisions of Section 8 above, Developer shall complete all redevelopment activities on or before the dates set forth in the Development Schedule, Exhibit F attached hereto, for such activities.
e. Developer shall petition City to establish the NID having exterior boundaries coterminous with the boundaries of Redevelopment Area - Project 1 as legally described in Exhibit B and Redevelopment Area – Project 2 as legally described in Exhibit C. Neither Developer nor its successors in the ownership of any parcel in the Redevelopment Area shall contest the special assessments imposed pursuant to the NID on property within the Redevelopment Area. Developer or its successors in ownership of property in the Redevelopment Area shall pay the annual special assessments of the NID until the TIF Obligations are retired. Failure to make any such payment when due shall constitute an event of default hereunder and upon notice thereof in accordance with Section 33, City may, in addition to the remedies provided in Section 31, immediately institute foreclosure proceedings and prosecute same to conclusion in the same manner as a special assessment lien as provided in Section 88.861 X.X.Xx., other statuto...
DEVELOPER’S DUTIES. The Client hereby engages the Developer and the Developer agrees to be engaged by the Client to develop the Software in accordance with the specifications attached hereto as Exhibit A (the “Specifications”). The Developer shall complete the development of the Software according to the milestones described on the form attached hereto as Exhibit B. In accordance with such milestones, the final product shall be delivered to the Client by [Final delivery date] (the “Delivery Date”). The Developer shall provide to the Client after the Delivery Date [Number of hours] hours of training with respect to the operation of the Software if requested by the Client. The ……. ……..
DEVELOPER’S DUTIES. The Client hereby engages the Developer and the Developer hereby agrees to be engaged by the Client to develop the Software in accordance with the required requirements.
1.1. The Developer shall complete the development of the Software by July 31, 2015 (the “Delivery Date”).
1.2. For a period of 3 months after delivery of the final product, the Developer shall provide the Client attention to answer any questions or assist solving any problems with regard to the operation of the Software up to 12 of hours free of charge. The Developer agrees to respond to any reasonable request for assistance made by the Client regarding the Software within two business days of the request.
1.3. Except as expressly provided in this Software Development Agreement, the Client shall not be obligated under this Agreement to provide any other support or assistance to the Developer.
1.4. The Client may terminate this Software Development Agreement at any time upon material breach of the terms herein and failure to cure such a breach within five business days of notification of such a breach.
1.5. The Developer shall provide to the Client after the Delivery Date, a cumulative 8 hours of training with respect to the operation of the Software if requested by the Client.
