DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS Sample Clauses

DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS. A. Developer shall, at its sole expense, and in compliance with the provisions of the Development Laws, the Improvement Plans, and all applicable City standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A attached hereto. B. Developer shall acquire and dedicate, or pay the cost of acquisition of, all rights-of-way, easements and other in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. C. Subject to any time extensions granted in accordance with Section 4, Developer shall commence construction of the Improvements as set forth above in the Development Reference Data following the heading "Commencement of Improvement Work," and shall complete all Improvements within the "Completion Period" specified in said Development Reference Data; provided, however, that if the City Engineer reasonably determines that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, including, without limitation, providing for the orderly Development of the surrounding area, the City Engineer shall give Developer not less than 15 days prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereof. The notice shall describe the work to be done by Xxxxxxxxx, the time within which the work will commence, and the period within which the work will be completed. All or any portions of said Improvements may be required to be constructed or completed at a specified time. If the Developer objects to the commencement or acceleration of the Improvements as specified by the City Engineer, the Developer may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 10 days after receipt by Developer of the written notice from the City Engineer. D. If the Improvements to be constructed by Developer include monumentation, such monumentation shall be installed not later than thirty (30) days after the City's acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points, and the delivery to the City Engineer of tie notes for said points. E. Developer shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying monuments which are destroyed or damaged as a result of an...
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DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS. Subject to all of the other terms and conditions set forth in this Agreement, the Developer shall develop or cause the development of the Improvements in accordance with the Scope of Development, the City’s Municipal Code, and the plans, drawings and documents submitted by the Developer and reasonably approved by the City as set forth herein. The Improvements shall generally consist of the following:
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DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS. Following the Closing, the Developer shall develop or cause the development of the Improvements in accordance with the Scope of Development, the City Municipal Code, and the plans, drawings and documents submitted by the Developer and approved by the City as set forth herein. The Developer acknowledges that the requirements set forth in the Scope of Development are material considerations for the participation by the City in this Agreement, and that but for such requirements, the City would not have entered into this Agreement. The identity of the Major Retailer, Mid-Sized Retailers, 50% of the fast casual eateries on the Paseo, one (1) sit-down table service restaurant, and the concept of the Festival Green shall be approved by the Director acting in his/her reasonable discretion. City acknowledges that part of the Project may be constructed by Major Retailer and/or Mid-Sized Retailers, and/or ground lessees following the leasing of such pads to such Major Retailer and/or Mid-Sized Retailers, and the restaurants and other eateries located on the Paseo; provided that Developer shall be responsible for insuring any such construction is in conformity with the Approved RAP. In no event shall the construction of all or any portion of the Project by parties other than Developer relieve Developer of its obligations under this Agreement; provided, however, in the event that (i) a Major Retailer and/or Mid-Sized Retailers, fails to construct the improvements as required under its lease, through no fault of Developer, Developer shall not be in Default hereunder provided that Developer uses diligent efforts to enforce the terms of such Major Retailer Lease(s) and cause such Major Retailer and/or Mid-Sized Retailers, to commence construction of the improvements and diligently prosecute the same to completion, or Developer terminates such Major Retailer Lease(s) and enters into a letter of intent with a replacement Major Retailer and/or Mid-Sized Retailers, approved by the City, within six (6) months after Developer’s receipt of written notice from City, and thereafter enters into a lease with such replacement Major Retailer and/or Mid-Sized Retailers, within twelve (12) months after Developer’s receipt of such written notice from City and the replacement Major Retailer and/or Mid- Sized Retailers, has an obligation in its lease to commence construction within a reasonable period thereafter, and (ii) in the event that a pad tenant fails to construct the improvements a...
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DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS 
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Related to DEVELOPERS OBLIGATION TO CONSTRUCT IMPROVEMENTS

  • Developer’s Obligations 7.1.1 In consideration of the Rights hereby granted, the Developer shall pay to the Authority an annual fee of Rs. /- (Rupees only) (“Fee”) commencing from the 1st (first) anniversary of Appointed Date. The Fee is exclusive of GST and all other applicable taxes and shall be payable by the Developer at actual over and above the Fee. The Fee is payable to the Authority on or before 30 (thirty) days prior to the start of every year in advance as set out in Schedule 1 throughout the Agreement Period. During the Agreement Period the Fee shall be increased by 5% (five percent) every year over the previous year’s Fee on compounded basis. 7.1.2 The Developer should pay the Fee to the Authority notwithstanding the fact that, the development of Project Facilities is not completed within the specified period or Developer does not start the commercial operation of the Project. In other words, the Developer shall not be entitled to seek any reduction of Fee, claim, damages, compensation or any other consideration from the Authority on account of any reason. 7.1.3 Any delay in payment of the Fee shall attract an interest for the delayed period at the rate of SBI PLR plus 5% per annum on the outstanding amount, which shall be due from the date of such payment till the amount is realized by the Authority. In addition to the foregoing, any delay in payment of Fee beyond a period of 60 (sixty) days from the due date of such payment will be construed to be Material Breach under this Agreement.

  • Conditions to Each Party’s Obligation The respective obligation of each party to effect the transactions contemplated by this Agreement is subject to the satisfaction or waiver, on or prior to the Closing Date, of the following conditions:

  • Conditions to Each Party’s Obligations The obligations of each Party to consummate the Merger and the other transactions described herein shall be subject to the satisfaction or written waiver (where permissible) by the Company and the Purchaser of the following conditions:

  • Conditions to Each Party’s Obligation to Effect the Closing The respective obligation of each party to effect the Closing shall be subject to the satisfaction or waiver at or prior to the Effective Time of the following conditions:

  • LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS (a) Without limiting the rights and remedies of Landlord contained in Sections 20.2 and 20.3 above, if Tenant shall be in default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord’s option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant’s Agents. (b) Without limiting the rights of Landlord under Sections 20.2 and 20.3 above, Landlord shall have the right at Landlord’s option, without any obligation to do so, to perform any of Tenant’s covenants or obligations under this Lease without notice to Tenant in the case of an emergency, as determined by Landlord in its sole and absolute judgment, or if Landlord determines, in its sole and absolute judgment, that such action is necessary or desirable to avoid imminent harm to the Premises or any persons. (c) If Landlord performs any of Tenant’s obligations hereunder in accordance with this Section 20.4, the full amount of the cost and expense incurred or the payment so made or the amount of the loss so sustained shall immediately be owing by Tenant to Landlord, and Tenant shall promptly pay to Landlord upon demand, as Additional Charges, the full amount thereof with interest thereon from the date of payment by Landlord at the lower of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable law.

  • Conditions to Each Party’s Obligation to Effect the Exchange The obligation of each party to effect the Exchange and otherwise consummate the transactions contemplated by this Agreement is subject to the satisfaction, at or prior to the Closing, of each of the following conditions:

  • Conditions to Each Party’s Obligation to Effect the Merger The respective obligations of each party hereto to effect the Merger shall be subject to the satisfaction (or waiver, if permissible under applicable Law) on or prior to the Closing Date of the following conditions:

  • Licensors Obligations 4.5.1. Xxxxx the Licensee the right to use the intellectual property (the Service) as in the Agreement. Ensure 24/7 availability of the Service, apart from preventive maintenance time. 4.5.2. Keep confidential any information, materials, documents which become available to the Licensee in the course of performance of this Agreement. 4.5.3. Duly publish the official messages (documents) related to the right to use the Service.

  • Conditions to Each Party’s Obligations under this Agreement The respective obligations of each party under this Agreement shall be subject to the fulfillment at or prior to the Closing Date of the following conditions, none of which may be waived:

  • Conditions to Each Party’s Obligation to Effect the Mergers The respective obligation of each party to effect the Mergers is subject to the satisfaction or waiver on or prior to the Closing Date of the following conditions:

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