Common use of Developer’s Remedies Clause in Contracts

Developer’s Remedies. If City is in default under this Agreement (beyond any applicable cure period) and the parties are unable to resolve the City’s default, Developer shall have the right to terminate this Agreement upon written notice to the City. Developer shall also have the right to seek specific performance (through mandamus or otherwise), and recovery of actual out-of-pocket costs and expenses incurred by Developer in performing (but not more than $5,000 in the aggregate); provided that City shall in no event be liable for punitive, incidental or consequential damages.

Developer’s Remedies. If City is in default under this Agreement (beyond any applicable cure period) and the parties are unable to do not resolve the City’s default, 's default pursuant to the nonbinding mediation described in Section 6.2 Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall also 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 (through mandamus or otherwise)performance, the right to seek and recovery of actual outobtain damages and the right to self-of-pocket costs and expenses incurred by Developer in performing (but not more than $5,000 in the aggregate)help; provided that City shall in no event be liable for punitive, incidental or consequential damages.

Developer’s Remedies. If City is in default under this Agreement (beyond any applicable cure period) and the parties are unable to do not resolve the City’s default's default among themselves, Developer shall have the right to terminate this Agreement upon written notice to the City. Developer shall also 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 (through mandamus or otherwise)performance, and recovery of the right to seek actual out-of-pocket costs and expenses incurred by Developer in performing (but not more than $5,000 in the aggregate)damages ; provided that City shall in no event be liable for punitive, incidental or consequential damages.

Developer’s Remedies. If the City is in default under this Agreement (beyond any applicable cure period) and the parties are unable to do not resolve the City’s default's default pursuant to the nonbinding mediation process described above, then Developer shall have the right to terminate this Agreement immediately upon written notice to the City. City and to pursue all other legal and equitable remedies which the Developer shall also may have at law or in equity, including, without limitation, the right to seek specific performance (through mandamus or otherwise)performance, the right to seek and recovery of actual outobtain damages and the right to self-of-pocket costs and expenses incurred by Developer in performing (but not more than $5,000 in the aggregate); provided that City shall in no event be liable for punitive, incidental or consequential damageshelp.