Common use of FAILURE TO COMPLETE CONSTRUCTION Clause in Contracts

FAILURE TO COMPLETE CONSTRUCTION. Failure to complete work within the scope of this Agreement may affect the Calendar-Year Priority Status for the reimbursement hereunder, may result in termination of the PFE Fee Credits and termination of the right to apply PFE Fee Credits, and may require repayment of any PFE Fee Credits applied, as deemed appropriate by the Administrator. In connection therewith, the Administrator may determine that the Constructing Owner shall not be entitled to further PFE Fee Credits until completion of the PFE Facilities as determined by the City Engineer. A change in the Calendar-Year Priority for any reimbursement will be evaluated from the previously determined Calendar-Year Priority to the date of completion, which may affect priority for the reimbursement. Any determination by the Administrator and City Engineer to invoke the provisions of this Section shall be subject to the appeal rights set forth in Section 30 of this Agreement.

Appears in 5 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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