Developer’s Right to Continue Development. The City and the Developer hereby agree that, subject to Section 5.04 of this Agreement, the Developer may sell all or a portion of the Tract to one or more Persons who shall be bound by this Agreement and perform the obligations of Developer hereunder relative to the portion of the Tract acquired by such Persons, provided that the Developer shall retain ultimate responsibility for complying with the terms of this Agreement unless the City agrees in writing that the purchaser shall be responsible for and perform the Developer’s obligations, which such consent shall not be unreasonably delayed, conditioned, or withheld.
Developer’s Right to Continue Development. The City and the Developer hereby acknowledge and agree that, subject to Section 8.04 of this Agreement, the Developer may sell a portion of the Property to one or more persons who shall be bound by this Agreement and perform the obligations of the Developer hereunder. In the event that there is more than one person acting as the Developer hereunder, the acts or omissions of one Developer, which result in that Developer’s default, shall not be deemed the acts or omissions of any other Developer, and a performing Developer shall not be held liable for the nonperformance of another Developer. In the case of nonperformance by one or more Developers, the City may pursue all remedies against such nonperforming Developer as set forth in Section 7.05 hereof, but shall not impede the planned or ongoing development activities nor pursue remedies against the performing Developer.
