Events of Default by Developer. The occurrence of any of the following, whatever the reason therefor, shall specifically constitute an Event of Default by Developer:
Events of Default by Developer. In addition to other events of default by Developer set forth in this Agreement, each of the following events constitute a default of this Agreement by Developer:
Events of Default by Developer. The following shall each constitute an event of default by Developer (“Developer Event of Default”):
Events of Default by Developer. “Default” or an “Event of Default” by Developer under this Agreement shall mean one or more of the following events:
Events of Default by Developer. Any one (1) or more of the following shall each constitute an “Developer Default” hereunder: Developer’s failure to make any payment due under the terms of this Agreement within thirty (30) days of the date such payment is due; Developer’s failure, after written notice and expiration of a thirty (30) day cure period, to observe or perform any agreement, covenant, or obligation contained herein or any other document executed in connection herewith; Developer’s breach of any warranty, representation, certification, or statement contained in this Agreement or any other document executed in connection herewith, of any certification executed or delivered in connection herewith, and a failure to correct or cure the same within thirty (30) days after written notice; Dissolution, liquidation, or termination of the business of Developer; assignment by Developer for the benefit of its creditors; appointment of a receiver or a trustee for Developer or any of their assets, which appointment is consented to or, if not consented to, is not removed or discharged within sixty (60) days after such appointment; or the filing by Developer of a petition for relief under the United States Bankruptcy Code, which petition is consented to, or, if involuntary, remains undismissed for sixty (60) days after such filing against Developer; and The initiation of any action or proceeding by any federal, state, or local governmental department, agency or instrumentality to seize any assets of Developer pursuant to 18 U.S.C. Sec. 1963, 21 U.S.C. Sec. 853, 21 U.S.C. Sec. 881, I.C. 34-24-1-1 et seq. or any similar federal, state, or local laws and/or regulations as such laws or regulations may be amended, modified, or supplemented from time to time.
Events of Default by Developer. “Default” or an “Event of Default” by Developer under this Agreement shall mean one or more of the following events: the Developer, in violation of this Agreement, assigns or attempts to assign or transfer this Agreement or control of the Property, or any rights in either; there is any change in the ownership of the Developer or in the identity of the parties in control of the Developer that violates this Agreement; subject to the grace period described in Section 13.3, Developer fails to provide the evidence of Developer’s Financing as required; subject to the grace period described in Section 13.3, Developer fails to commence, diligently pursue and complete construction of the Improvements for each Phase of the redevelopment of the Property as required; a holder of a mortgage or deed of trust exercises any remedy provided by loan documents, law or equity that materially interferes with the construction of the Improvements; or subject to the grace period described in Section 13.3, Developer fails to observe or perform any material and substantial covenant, obligation or agreement required of it under this Agreement or to make good faith efforts to obtain Developer’s Financing.
Events of Default by Developer. Failure by a Developer to (i) negotiate in good faith with the District, (ii) timely complete Developer’s Work in accordance with the Schedule of Performance (as such schedule may be extended by the Extension Option Period pursuant to Section 2.1), (iii) timely agree on a Term Sheet, (iv) timely agree on the Form Agreements in Section 9.1, (v) timely agree on the final Form Agreements in Section 9.3, (vi) timely complete entitlement milestones set forth in the Entitlement Schedule submitted by Developer and approved by District pursuant to Section 8.1, (vii) obtain City approval of the Project Entitlements by the City Approval Date as set forth in Section 9.2; or (viii) perform any of Developer’s material obligations under this Restated Agreement, shall constitute an event of default hereunder by such Developer. In the event of default by any Developer, the District shall give written notice of an event of default to such Developer, specifying the nature of the default and the action required to cure the default, and shall provide a copy of such notice to the other Developers. If such default remains uncured thirty
Events of Default by Developer. The following events constitute a default of this Agreement by Developer, if not cured within the Cure Period (defined below):
Events of Default by Developer. It shall constitute an Event of Default by Developer if Developer:
Events of Default by Developer. “Default” or an “Event of Default” by Developer under this Agreement shall mean one or more of the following events: the Developer, in violation of this Agreement, assigns or attempts to assign or transfer this Agreement or control of the Property, or any rights in either; the Developer, in violation of this Agreement, fails to ensure that Sublessees and/or Sub-Sublessees construct their applicable portions of the Project pursuant to the Concept Plan and this Agreement; a holder of a mortgage or deed of trust exercises any remedy provided by loan documents, law or equity that materially interferes with the construction of the Improvements; or subject to the grace period described in Section 11.4, Developer fails to observe or perform any material and substantial covenant, obligation or agreement required of it under this Agreement.
