Effect of Termination on Land Owner's Rights and Obligations. 4.5.1 Notwithstanding any other provision to the contrary, should the Land Owner or its successor seek to develop the Project, termination or cancellation of this Agreement or termination of the rights of Land Owner as to the entire Property, or any part the Property, shall not affect any requirement to comply with the City Approvals, the terms and conditions of any other Subsequent Approval, nor any payments then due and owing to City, nor shall it affect the covenants of Land Owner specified in Section 4.5.2 below to continue after the termination or cancellation of this Agreement. Land Owner understands and agrees that the City Approvals may be substantially modified in light of the circumstances resulting from the termination or cancellation of this Agreement or Land Owner's rights under this Agreement, and Land Owner shall have no rights to challenge such a modification by reason of this Agreement other than the rights, if any, Land Owner would have in the absence of this Agreement. 4.5.2 Notwithstanding anything in this Agreement to the contrary, the following provisions of this Agreement shall survive and remain in effect following termination or cancellation of this Agreement for so long as necessary to give them full force and effect with respect to claims or rights of City arising prior to termination or cancellation: (a) Section 3.12 (Land Owner Obligations), to the extent such obligations have not been met upon termination or cancellation; (b) Section 4.5.1 (Land Owner's obligations upon termination or cancellation); (c) Section 6.2 (Remedies; limitation on damages and exceptions thereto; accrued obligations); (d) Section 10.2 (Indemnification); and (e) Section 12.1.1 (Indemnification – Third Party Challenge).
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Effect of Termination on Land Owner's Rights and Obligations. 4.5.1 Notwithstanding any other provision to the contrary, should the Land Owner expiration of the Term or its successor seek to develop the Project, termination or cancellation of this Agreement or termination of the rights of Land Owner as to the entire Property, or any part the Property, shall not affect any requirement to comply with the City Approvals, the terms and conditions of any other Subsequent Approval, nor any payments then due and owing to City, nor shall it affect the covenants of Land Owner specified in Section 4.5.2 below below, to continue after the expiration of the Term or termination or cancellation of this Agreement. Land Owner understands and agrees that the City Approvals may be substantially modified in light of the circumstances resulting from the expiration of the Term or termination or cancellation of this Agreement or Land Owner's rights under this Agreement, and Land Owner shall have no rights to challenge such a modification by reason of this Agreement other than the rights, if any, Land Owner would have in the absence of this Agreement.
4.5.2 Notwithstanding anything in this Agreement to the contrary, the following provisions of this Agreement shall survive and remain in effect following expiration of the Term or termination or cancellation of this Agreement for so long as necessary to give them full force and effect with respect to claims or rights of City arising prior to the expiration of the Term or termination or cancellation:
(a) Section 3.12 (Land Owner Obligations), to the extent such obligations have not been met upon prior to the expiration of the Term or termination or cancellation;
(b) Section 4.5.1 (Land Owner's obligations upon the expiration of the Term or termination or cancellation);
(c) Section 6.2 (Remedies; limitation on damages and exceptions thereto; accrued obligations);
(d) Section 10.2 (Indemnification); and
(e) Section 12.1.1 12.1 (Indemnification – Third Party Challenge).
Appears in 1 contract
Samples: Development Agreement
Effect of Termination on Land Owner's Rights and Obligations. 4.5.1 Notwithstanding any other provision to the contrary, should the Land Owner or its successor seek to develop the Project, termination or cancellation of this Agreement or termination of the rights of Land Owner as to the entire Property, or any part the Property, shall not affect any requirement to comply with the City Approvals, the terms and conditions of any other Subsequent Approval, nor any payments then due and owing to City, nor shall it affect the covenants of Land Owner specified in Section 4.5.2 below to continue after the termination or cancellation of this Agreement. Land Owner understands and agrees that the City Approvals may be substantially modified in light of the circumstances resulting from the termination or cancellation of this Agreement or Land Owner's rights under this Agreement, and Land Owner shall have no rights to challenge such a modification by reason of this Agreement other than the rights, if any, Land Owner would have in the absence of this Agreement.
4.5.2 Notwithstanding anything in this Agreement to the contrary, the following provisions of this Agreement shall survive and remain in effect following termination or cancellation of this Agreement for so long as necessary to give them full force and effect with respect to claims or rights of City arising prior to termination or cancellation:
(a) Section 3.12 (Land Owner Obligations), to the extent such obligations have not been met upon termination or cancellation;
(b) Section 4.5.1 (Land Owner's obligations upon termination or cancellation);
(c) Section 6.2 (Remedies; limitation on damages and exceptions thereto; accrued obligations);
(d) Section 10.2 (Indemnification); and
(e) Section 12.1.1 (Indemnification – Third Party Challenge).
Appears in 1 contract
Samples: Development Agreement