Common use of Failure to Complete Clause in Contracts

Failure to Complete. In the event the Developer fails to complete the construction of the public portion of the Infrastructure Improvements as set forth in Section II of this agreement within twenty-four (24) months following issuance of the building permits for the Building, except for any Enforced Delays, the City may, at its option and within its discretion, (i) draw upon the Performance Bond provided in Section II of this Agreement to complete the public portion of the Infrastructure Improvements, and/or (ii) collect, retain, and disburse all tax increment financing revenues necessary to complete the cost of the public portion of the Infrastructure Improvements, and seek any other legal or equitable remedy available to the City including termination. Provided, however, if default by the Developer occurs the City may, in its discretion, cooperate with Developer to complete the Project; provided, however, such cooperation shall not be interpreted to require the City to contribute any additional financial assistance to the Project. Developer shall have twenty (20) business days to cure any default after notice of the same. If the delay is caused by causes beyond the reasonable control of the Developer, and the Developer has started actions to cure such delay, the time to cure shall be extended to the time reasonably needed to complete the Infrastructure Improvements.

Appears in 1 contract

Samples: Development Agreement

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Failure to Complete. In the event the Developer fails to complete the construction of the public portion of the Infrastructure Improvements as set forth in Section II of this agreement within twenty-four (24) months following issuance of the building permits for the BuildingBuilding A, except for any Enforced Delays, the City may, at its option and within its discretion, , (i) draw upon the Performance Infrastructure Bond provided in Section II of this Agreement to complete the public portion of the Infrastructure Improvements, and/or (ii) collect, retain, and disburse all tax increment financing revenues necessary to complete the cost of the public portion of the Infrastructure Improvements, and seek any other legal or equitable remedy available to the City including termination. Provided, however, if default by the Developer occurs the City may, in its discretion, cooperate with Developer to complete the Project; provided, however, such cooperation shall not be interpreted to require the City to contribute any additional financial assistance to the Project. Developer shall have twenty forty five (2045) business days to cure any default after notice of the same. If the delay is caused by causes beyond the reasonable control of the Developer, and the Developer has started actions to cure such delay, the time to cure shall be extended to the time reasonably needed to complete the Infrastructure Improvementsit.

Appears in 1 contract

Samples: Development Agreement

Failure to Complete. In the event the Developer fails to complete the construction of the public portion of the Infrastructure Improvements as set forth in Section II of this agreement within twenty-four (24) months following issuance of the building permits for the BuildingBuilding A, except for any Enforced Delays, the City may, at its option and within its discretion, , (i) draw upon the Performance Bond provided in Section II of this Agreement to complete the public portion of the Infrastructure Improvements, and/or (ii) collect, retain, and disburse all tax increment financing revenues necessary to complete the cost of the public portion of the Infrastructure Improvements, and seek any other legal or equitable remedy available to the City including termination. Provided, however, if default by the Developer occurs the City may, in its discretion, cooperate with Developer to complete the Project; provided, however, such cooperation shall not be interpreted to require the City to contribute any additional financial assistance to the Project. Developer shall have twenty forty five (2045) business days to cure any default after notice of the same. If the delay is caused by causes beyond the reasonable control of the Developer, and the Developer has started actions to cure such delay, the time to cure shall be extended to the time reasonably needed to complete the Infrastructure Improvementsit.

Appears in 1 contract

Samples: Development Agreement

Failure to Complete. In the event the Developer fails to complete the construction of the public portion of the Infrastructure Improvements as set forth in Section II of this agreement within twenty-four (24) months following issuance of the building permits for the BuildingBuilding A, except for any Enforced Delays, the City may, at its option and within its discretion, , (i) draw upon the Infrastructure Performance Bond provided in Section II of this Agreement to complete the public portion of the Infrastructure Improvements, and/or (ii) collect, retain, and disburse all tax increment financing revenues necessary to complete the cost of the public portion of the Infrastructure Improvements, and seek any other legal or equitable remedy available to the City including termination. Provided, however, if default by the Developer occurs the City may, in its discretion, cooperate with Developer to complete the Project; provided, however, such cooperation shall not be interpreted to require the City to contribute any additional financial assistance to the Project. Developer shall have twenty forty five (2045) business days to cure any default after notice of the same. If the delay is caused by causes beyond the reasonable control of the Developer, and the Developer has started actions to cure such delay, the time to cure shall be extended to the time reasonably needed to complete the Infrastructure Improvementsit.

Appears in 1 contract

Samples: Development Agreement

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Failure to Complete. In the event the Developer fails to complete the construction of the public portion of the Infrastructure Improvements as set forth in Section II of this agreement within twenty-four (24) months following issuance of the building permits for the BuildingBuilding A, except for any Enforced Delays, the City may, at its option and within its discretion, , (i) draw upon the Performance Bond provided in Section II of this Agreement to complete the public portion of the Infrastructure Improvements, and/or (ii) collect, retain, and disburse all tax increment financing revenues necessary to complete the cost of the public portion of the Infrastructure Improvements, and seek any other legal or equitable remedy available to the City including termination. Provided, however, if default by the Developer occurs the City may, in its discretion, cooperate with Developer to complete the Project; provided, however, such cooperation shall not be interpreted to require the City to contribute any additional financial assistance to the Project. Developer shall have twenty forty five (2045) business days to cure any default after notice of the same. If the delay is caused by causes beyond the reasonable control of the Developer, and the Developer has started actions to cure such delay, the time to cure shall be extended to the time reasonably needed to complete the Infrastructure Improvementsit.

Appears in 1 contract

Samples: Development Agreement

Failure to Complete. In the event the Developer fails to complete the construction of the public portion of the Infrastructure Improvements as set forth in Section II of this agreement within twenty-four (24) months following issuance of the building permits for the Building, except for any Enforced Delays, the City may, at its option and within its discretion, (i) draw upon the Performance Bond provided in Section II of this Agreement to complete the public portion of the Infrastructure Improvements, and/or (ii) collect, retain, and disburse all tax increment financing revenues necessary to complete the cost of the public portion of the Infrastructure Improvements, and seek any other legal or equitable remedy available to the City including termination. Provided, however, if default by the Developer occurs the City may, in its discretion, cooperate with Developer to complete the Project; provided, however, such cooperation shall not be interpreted to require the City to contribute any additional financial assistance to the Project. Developer shall have twenty forty five (2045) business days to cure any default after notice of the same. If the delay is caused by causes beyond the reasonable control of the Developer, and the Developer has started actions to cure such delay, the time to cure shall be extended to the time reasonably needed to complete the Infrastructure Improvements.

Appears in 1 contract

Samples: Development Agreement

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