Duties of Developer. A. Developer and Controlling Principals, as applicable, make the following representations, warranties and covenants and accept the following obligations:
Duties of Developer. Developer shall be responsible for all duties identified in this Agreement and for satisfactory completion of the project. TASS assumes no responsibility for any construction defects, injuries, or any other cause of action that may arise during the construction process undertaken by or at the direction of the Developer.
Duties of Developer. (a) Developer shall provide on a best effort basis the support required to complete and deliver Development Work, Development Product, and/or Deliverables according to the schedule set forth in the related SOW.
Duties of Developer. 14 ARTICLE VII
Duties of Developer. Developer shall be responsible for all duties identified in this Agreement and for satisfactory completion of the project. The District assumes no responsibility for any construction defects, injuries, or any other cause of action that may arise during the construction process undertaken by or at the direction of the Developer.
Duties of Developer. It is acknowledged and agreed that the Project, this Agreement and all Duties of Developer under this Agreement are conditioned on the “Contingencies” as provided and defined in Article III Contingencies below. Notwithstanding such Contingencies, Developer shall, in its reasonable discretion proceed with all of the "Preconstruction Duties" (hereinafter described in Sections 1.02, 1.03 and 1.04), so that upon the satisfaction or written waiver of the Contingencies to its performance, construction of the “Improvements” (hereinafter defined) may commence as soon as reasonably practicable. The foregoing to the contrary notwithstanding, Developer retains the right, from time to time, to terminate the Agreement as provide in Section 3.04.
Duties of Developer. A.(3) This section is amended by inserting three (3) new sentences before the current second sentence, "Accordingly, Developer and Controlling Principal and/or others working on its behalf, will not, during the term of the Development Agreement, actively solicit or caused to be solicited ("No Solicitation Rule") any employee or any individual who is at the time or was within the preceding three (3) months employed in a restaurant managerial position, a multi-restaurant supervisory position or home office staff position (e.g., officer or director level personnel, management information systems personnel or human resources and training personnel), by Licensor or any of its Affiliates, including, but not limited to, individuals employed by Licensor to work in its O'Charley's restaurants, or at Licensor's home office, or employed in a restaurant managerial position by any other developer or operator operating under the System (a "Covered Individual"). In the event, Developer and Controlling Principal employ, during the term of the Development Agreement, a Covered Individual, Developer and Controlling Principal must notify the Licensor immediately after discovering such occurrence in writing. This section shall not be violated if at the time Developer employs or seeks to employ such person, Licensor gives its written consent." The new fourth sentence is amended to read "In the event, Developer and Controlling Principal, during the term of the Development Agreement, violate the "No-Solicitation Rule," then such former employer of such Covered Individual shall be entitled to compensation for the reasonable costs and expenses, of whatever nature or kind, incurred by such employer in connection with the training of such Covered Individual."
Duties of Developer. 5 4.1 Site Selection and Leases............................................. 5 4.1.1 Site Selection................................................ 5 4.1.2 Leases........................................................ 5 4.2 Execution of Addendum to Franchise Agreement.......................... 6 4.3 Store Design Specifications........................................... 7 4.4 Opening Inventory..................................................... 7 4.5 Training.............................................................. 7 4.6
Duties of Developer. Consistent with the requirements of Section 3.A. of the Cooperation Agreement, the Developer hereby agrees to document, certify and submit to the Financing Entity all Eligible Costs for which the Developer seeks reimbursement under the Act. In furtherance thereof, the Developer agrees to deliver to the Financing Entity payment requests for each requested disbursement and evidence substantiating any and all of the Eligible Costs indicated in such request, together with other documents as the Financing Entity may request. The Developer shall design, construct, own and maintain the Indoor Venue in accordance with the terms of the Resolution and the Cooperation Agreement. Without limiting the generality of the foregoing, the Developer shall comply in all respects with the terms and conditions of Section 4 “Design, Construction, Ownership and Maintenance of the Sports & Event Center” and Section 5 “Reports and Meetings” of the Cooperation Agreement to the extent such terms and conditions relate to the Indoor Venue. The Developer will comply with all federal, state and local statutes, laws, ordinances and regulations applicable to the design, construction, ownership and maintenance of the Indoor Venue, including, without limitation, all applicable City codes, ordinances and planning requirements with regard to development and construction of the Indoor Venue. The Developer further hereby agrees to comply with the other obligations under the Cooperation Agreement, including, without limitation, the obligations to comply with the Act and the Resolution, to the extent such obligations relate to the Indoor Venue. Developer has reviewed the Indenture and the terms thereof that are relevant to Developer or the Indoor Venue. Developer agrees to deliver the certificates or information requested by the Indenture from time to time, including, without limitation, the Certificate of Completion (as defined below).
Duties of Developer. Developer, as agent for Owner, shall oversee and coordinate the design, entitlements and sale of the Project in accordance with the provisions of this Agreement. In the performance of its obligations under this Agreement, Developer shall, on behalf of Owner, engage, retain, contract with, supervise, coordinate, and discharge all persons reasonably required to improve the Project, including, without limitation, attorneys, accountants, architects, engineers, surveyors, appraisers, etc. Developer shall procure, or cause to be procured on behalf of Owner, all approvals, and other governmental authorizations required by law for the completion of the entitlements. Owner shall appoint Developer its authorized agent for the same, and agrees to execute the Limited Power of Attorney attached hereto as Exhibit “C” and incorporated herein by reference. Developer shall make reasonable efforts to cause the completion of the entitlements and sale of the Property in a reasonable manner. Developer will pay the cost of due diligence items and other reports needed to apply for rezoning and/or city approval of a higher use. A list of the potential reports are on Schedule B. Only those needed to get city approval of a site plan, zoning and increase the chances of a quick sale will be ordered solely at the discretion of the Developer. Developer will front the cost and be reimbursed upon resale.
