Developer’s Remedies. If City is in default under this Agreement and the parties do not resolve the City's default pursuant to the nonbinding mediation described in Section 4.2 Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages and the right to self-help.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Developer’s Remedies. If City is in default Default under this Agreement and the parties Parties do not resolve the City's default ’s Default pursuant to the nonbinding mediation described in Section 4.2 6.3, Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages and the right to self-help.
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Developer’s Remedies. If City is in default under this Agreement and the parties do not resolve the City's default pursuant to the nonbinding mediation described in Section 4.2 matter, Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages and the right to self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages.
Appears in 1 contract
Samples: Development Agreement
Developer’s Remedies. If City is in default under this Agreement and the parties do not resolve the City's ’s default pursuant to the nonbinding mediation described in Section 4.2 5.2 Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages performance and the right to self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages or any monetary damages other than actual direct damages.
Appears in 1 contract
Samples: Development Agreement
Developer’s Remedies. If City is in default under this Agreement and the parties do not resolve the City's default pursuant to the nonbinding mediation described in Section 4.2 6.2 Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages and the right to self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages.
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Developer’s Remedies. If City is in default under this Agreement and the parties do not resolve the City's default pursuant to the nonbinding mediation described in Section 4.2 6.2, Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages and the right to self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages.
Appears in 1 contract
Samples: Easement Agreement
Developer’s Remedies. If the City is in default under this Agreement and the parties do not resolve the City's default pursuant to the nonbinding mediation process described in Section 4.2 above, then Developer shall have the right to terminate this Agreement immediately upon written notice to the City. The Developer shall have the right City and to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages and the right to self-help.
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Developer’s Remedies. If City is in default under this Agreement and the parties do not resolve the City's default pursuant to the nonbinding mediation described in Section 4.2 among themselves, Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, and the right to seek and obtain actual damages and the right to self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages.
Appears in 1 contract
Samples: Development Agreement