Developer’s Rights. So long as this Agreement is in effect, but subject to the Act and all other Governmental Requirements, Developer shall have the right to develop, construct, own and operate the Casino Complex in accordance with this Agreement.
Developer’s Rights. Developer shall have the right to ------------------ challenge the correctness of any determination of default made by Landlord, and Landlord shall carefully review and consider Developer's challenge.
Developer’s Rights. Upon (i) the approval of this Agreement by the City Council; (ii) the execution hereof by the Mayor and other necessary City officials; and (iii) the approval by the City Council to hold the Election prior to a positive determination of suitability having been issued to the Developer by the Commission pursuant to the Commission’s Request for Application – Phase One, the Developer shall have the right and obligation to:
(a) request that the City direct the clerk of the City to set a date certain for the Election, provided that Developer has satisfied the Closing Conditions; and
(b) submit this Agreement to the Commission as part of the Developer’s application for a Category 1 license, provided that there is an affirmative vote by the City’s voters in the Election. Developer and the City acknowledge that the Developer and City shall each have the right to cancel the Election requested by Developer pursuant to Section 2.2(a) if Developer has been found not qualified by the Commission to proceed to the Request for Application - Phase Two of the selection process (“RFA-2”) before the date set for such Election. In addition, prior to the Election, Developer and the City shall cooperate to comply with the provisions of emergency regulation 205 CMR 115.05(6).
Developer’s Rights. Developer shall have the right to develop the Project on the Property in accordance with the Project Approvals and the Vested Elements, and other terms and conditions of development applicable to the Property are as set forth in: The General Plan of County on the Effective Date (“Applicable General Plan”);
(a) The Nevada County Land Use and Development Code on the Effective Date (“Applicable Land Use and Development Code”);
(b) Other rules, regulations, ordinances and policies of the County applicable to development of the Property on the Effective Date (collectively, together with the Applicable General Plan and Applicable Land Use and Development Code, the “Applicable Rules”);
(c) The Project Approvals;
(d) This Development Agreement;
(e) Use Permit U06-012, as set forth in Exhibit C attached hereto; and
(f) The Cents Per Ton, as set forth in Exhibit I attached hereto; and are hereby vested subject to the provisions of this Development Agreement (“Vested Elements”).
Developer’s Rights. Developer shall be entitled to refuse to accept any sales contract submitted to it by Co-Broker for any reason whatsoever, in Developer’s sole and absolute discretion, and Co-Broker shall not be entitled to any commission or other compensation whatsoever with respect to any such Agreement for Sale which Developer refuses to accept.
Developer’s Rights. The Developer has the right to terminate this Agreement for any reason by delivering written notice to the City and CEDC at least seven (7) days prior to the desired termination date, provided, however, that if the Developer has received any of the Grant Payments from the City and CEDC at the time of such termination by the Developer, upon the effective date of such notice of termination, the Developer shall remit to the City and CEDC the full amount of the Grant Payments.
Developer’s Rights. Nothing contained in these covenants shall prevent the Developer, or any other person designated by the Developer, from erecting or maintaining commercial or display signs, sales offices, construction trailers and other temporary structures, model houses and other structures as Developer may deem advisable for development and sales purposes, provided such are in compliance with the appropriate governmental regulations applicable thereto. Until the Developer has completed all construction within the Property and closed the sales of all Lots to other persons, neither the Owners nor the Association nor the use of any Lot shall interfere with the completion of improvements and sales of Lots. Further, without limiting the generality of the foregoing, Developer may use the Common Area or any Lot for a sales office, and there may be any number of sales offices on the Property, and display signs. The rights granted to Developer to maintain sales offices, general business offices, construction trailers and other temporary structures and model Dwellings shall not be restricted or limited to Developer’s sale activity relating to the Property, but, at the sole discretion of the Developer, shall benefit other builders and developers who may become involved in the construction, development and sale of any portion of the Property, and may also benefit Developer in the sale of other property in which it may have an interest.
Developer’s Rights. Developer hereby reserves the following rights, which shall not be limited or restricted to the Developer’s activities with regard to the Property, but shall continue until Developer has completed all construction within the Property and has closed the sales of all Lots to other persons, and shall benefit the Developer in the development, construction, promotion and sale of any other property in which the Developer may have an interest:
(a) To use the Property and/or trailers or other temporary structures, which the Developer shall be entitled to erect on the Property for development or sales purposes, including construction and general business offices or models.
(b) To bring, invite or arrange for trucks and other commercial vehicles to enter and remain upon the Property for construction purposes.
(c) To erect and maintain commercial or display signs on the Property, including the common areas, for sale promotion.
(d) To sell or lease the Lots without compliance with the restrictions on transfers or leasing that are set forth in this Declaration.
(e) To create easements over the Property for drainage, utilities and access to serve any adjacent lands, whether or not those lands are added to the Property, provided that those easements may not unreasonably interfere with the enjoyment of the Property by the Owners.
(f) To amend this Declaration without executed joinders from any other person or entity, provided that no amendment shall be made which substantially alters the nature of the development contemplated herein.
Developer’s Rights. All of its rights, title and interest as developer or declarant in and to the Declarations to the extent assignable in accordance with the terms and conditions of the Declarations.
Developer’s Rights. The Developer retains the right to use any general knowledge, skills, and experience developed during the creation of the Software in future projects.
