Failure to Observe Agreement. The Developer shall fail to observe, satisfy or perform any material term, covenant or agreement contained in this Agreement and such failure shall continue unremedied for thirty (30) days after written notice thereof from the CRA to the Developer ; provided, however, that if such failure is capable of cure but cannot reasonably be cured within thirty (30) days, such failure shall not constitute an Event of Default so long as the Developer provides CRA with written notice within fifteen (15) days of receipt of the CRA’s default notice advising the CRA that the default cannot be reasonably cured within thirty (30) days and specifying the reasons therefore and, within the thirty (30) day period, commences and thereafter is in good faith proceeding diligently and continuously to remedy such failure, but in no event shall any additional time to cure granted hereunder exceed ninety (90) days in the aggregate after Developer ‘s receipt of the original written default notice; or
Appears in 5 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Failure to Observe Agreement. The Developer shall fail to observe, satisfy or perform any material term, covenant or agreement contained in this Agreement and such failure shall continue unremedied without remedy for thirty forty-five (3045) days after written notice thereof from the CRA to the Developer Developer; provided, however, that if such failure is capable of cure but cannot reasonably be cured within thirty forty-five (3045) days, such failure shall not constitute an Event of Default so long as the Developer provides CRA with written notice within fifteen (15) days of receipt of the CRA’s 's default notice advising the CRA that the default cannot be reasonably cured within thirty forty-five (3045) days and specifying the reasons therefore and, within the thirty (30) day period, commences and thereafter is in good faith proceeding diligently and continuously to remedy such failure, but in no event shall any additional time to cure granted hereunder exceed ninety one hundred twenty (90120) days in the aggregate after Developer ‘s Developer’s receipt of the original written default notice; or
Appears in 1 contract
Samples: Development Agreement
Failure to Observe Agreement. The Developer shall fail to observe, satisfy or perform any material term, covenant or agreement contained in this Agreement and such failure shall continue unremedied for thirty (30) days after written notice thereof from the CRA to the Developer Developer; provided, however, that if such failure is capable of cure but cannot reasonably be cured within thirty (30) days, such failure shall not constitute an Event of Default so long as the Developer provides CRA with written notice within fifteen (15) days of receipt of the CRA’s default notice advising the CRA that the default cannot be reasonably cured within thirty (30) days and specifying the reasons therefore and, within the thirty (30) day period, commences and thereafter is in good faith proceeding diligently and continuously to remedy such failure, but in no event shall any additional time to cure granted hereunder exceed ninety (90) days in the aggregate after Developer ‘s receipt of the original written default notice; or
Appears in 1 contract
Samples: Development Agreement
Failure to Observe Agreement. The Developer CRA shall fail to observe, satisfy or perform any material term, covenant or agreement contained in this Agreement and such failure shall continue unremedied for thirty (30) forty-five days after written notice thereof from the CRA Developer to the Developer CRA; provided, however, that if such failure is capable of cure but cannot reasonably be cured within thirty forty-five (3045) days, such failure shall not constitute an Event of Default Default, so long as the CRA provides the Developer provides CRA with written notice within fifteen (15) days of receipt of the CRA’s Developer's default notice advising the CRA Developer that the default cannot be reasonably cured within thirty forty-five (3045) days and specifying the reasons therefore and, within the thirty forty-five (3045) day period, commences and thereafter is in good faith proceeding diligently and continuously to remedy such failure, but in no event shall any additional time to cure granted hereunder exceed ninety one hundred twenty (90120) days in the aggregate after Developer ‘s CRA's receipt of the original written default notice; or.
Appears in 1 contract
Samples: Development Agreement