Failure to Conduct Annual Review. Failure of City to conduct an annual review shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement nor shall Developer have or assert any defense to such enforcement by reason of any such failure to conduct an annual review.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Failure to Conduct Annual Review. Failure The failure of City to conduct an the annual review shall not constitute be a waiver by the City of its rights default under this Agreement. Further, Developer shall not be entitled to otherwise enforce the provisions of this Agreement nor shall Developer have or assert any defense to such enforcement by reason of any such remedy for City’s failure to conduct an this annual review.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Failure to Conduct Annual Review. Failure The failure of City to conduct an any such annual review shall not constitute constitute, or be asserted by Developer or City as, a waiver by the City of its rights to otherwise enforce the provisions breach of this Agreement nor shall Developer have or assert any defense to such enforcement by reason of any such failure to conduct an annual reviewAgreement.
Appears in 1 contract
Samples: Development Agreement
Failure to Conduct Annual Review. Failure of City to conduct an annual review shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement nor shall Developer have or assert any defense to such enforcement by reason of any such failure to conduct an annual review.
Appears in 1 contract
Samples: Development Agreement