FAILURE TO COMPLETE PROJECT. (a) Should Recipient fail to complete the Project, Recipient shall refund to the District all of the funds provided to Recipient pursuant to this Agreement. However, the District, in its sole judgment and discretion, may determine that Recipient has failed to complete the Project due to circumstances that are beyond Recipient’s control, or due to a good faith determination that the Project is no longer environmentally or economically feasible. In such event, the District may excuse Recipient from the obligation to return funds provided hereunder. If the Project has not been completed within 30 days after the Completion Date, Recipient shall provide the District with notice regarding its intention as to completion of the Project. The parties shall discuss the status of the Project and may mutually agree to revise the time for Project completion or the scope of the Project. Failure to complete the Project within 90 days after the Completion Date shall be deemed to constitute failure to complete the Project for the purposes of this provision.
FAILURE TO COMPLETE PROJECT. Should for any reason, the Agency decide not to complete the Improvements in a timely manner after construction has begun, WSDOT shall determine what work must be completed to restore WSDOT facilities and right-of-way to a condition and configuration that is safe for public use. If the Agency or its contractor is not able to restore WSDOT facilities and right-of way, WSDOT may perform or contract to perform, the restoration work at the Agency’s sole expense. The Agency agrees that all costs associated with Agreement termination, including engineering, completing WSDOT facility and right-of way restoration, and contractor claims will be the sole responsibility of the Agency. This section shall survive Agreement termination.
FAILURE TO COMPLETE PROJECT. If, for any reason DEVELOPER fails to complete the construction of the Project as set out in Exhibit “B,” after being given a reasonable time to complete it, it shall be an event of default subject to the provisions set forth in Section 6 of this Agreement.
FAILURE TO COMPLETE PROJECT. Borrower fails to complete --------------------------- the Project in accordance with the Plans on or before the Completion Date.
FAILURE TO COMPLETE PROJECT. If Grantee abandons the Project or fails to undertake the Project to completion.
FAILURE TO COMPLETE PROJECT. In the event Lessee fails to meet its obligations under this Article, the Commission shall be entitled to any remedies the Commission has under Article XI hereof. In addition, the Commission may (but shall not be obligated to), after providing Lessee sixty (60) days prior written notice and opportunity to cure (unless Lessee commences within such time to cure such failure and thereafter diligently prosecutes such cure to completion), take over and complete construction in accordance with the Plans and Specifications, with such changes as the Commission may, in its reasonable discretion, deem appropriate (provided the character and scope of the Project remains materially unchanged), all at the risk, cost and expense of the Lessee. If the Commission elects to complete the construction of the Project, Lessee shall promptly pay to the Commission the cost of such completion as reasonably estimated by the Commission, provided that Lessee shall also be liable to reimburse the Commission on demand for any reasonable costs incurred in excess of such estimate. The Commission may assume or reject any contracts entered into by Lessee in connection with the Project, and may enter into additional or different contracts for services, labor and for materials required, in the reasonable judgment of the Commission, to complete construction, and may pay, compromise and settle all claims in connection therewith. Upon the Commission’s election to take over and complete construction, Lessee hereby assigns all of its rights in the contract with the contractor and any subcontractors or material suppliers it may have or enter into in the future in completing the Project to the Commission, and all its rights in the Plans and Specifications and all other contracts in connection with the Project, all subject to any prior assignment to any Mortgagee, and subject to any consents to such assignment as may be required from third parties, such assignment or assignments to be accepted and become effective only in the event the Commission shall proceed with the remedies afforded herein. Any contract entered into by Lessee shall provide that it is assignable to any Mortgagee and the Commission, or may be terminated by any Mortgagee or the Commission, if a Mortgagee exercises its rights under its Mortgage or the Commission exercises it rights under this Section, such rights of the Commission being subject and subordinate to such rights of a Mortgagee.
FAILURE TO COMPLETE PROJECT. This subsection will apply if, for any reason, whether due to an Act of God, inability to initiate the DEVELOPMENT PROCESS, select a DEVELOPER or negotiate a LEASE or some other reason,, the DEVELOPMENT PROCESS or the construction and operation of the PROJECT is delayed for more than 10 years after the EFFECTIVE DATE.
FAILURE TO COMPLETE PROJECT a. Should the CITY fail to complete the project, the CITY shall refund to the COUNTY all of the funds provided to the CITY pursuant to this Agreement.
