Common use of Failure to Proceed Clause in Contracts

Failure to Proceed. a. If Developer fails to prosecute the work of the development with promptness and diligence, or fails in the performance of any of the provisions contained in this Agreement, the Township shall give to Developer written notice of such default. In the event Developer does not commence to correct such default within five (5) business days of such notice, and thereafter to diligently continue to correct such default, the Township shall have the right to secure materials of the quality and quantity required by this Agreement and the Plan and the necessary numbers of workers, mechanics, and the required equipment in the open market at the then current market prices, from any party or parties, to cure such default. Provided, however, if the Township shall determine that curing such default shall require the Township to undertake completion of the Dedicated Improvements, the procedures and time limits of Paragraph 22 shall apply. Additionally, it is acknowledged by Developer that Township may need to pay prevailing wages or have other restrictions on the completion of improvements that may cause additional costs. Developer agrees that those additional costs shall be added to the other costs to Township to be paid by Developer. b. Developer hereby grants to Township a temporary easement and right of way for purposes of entering upon the lands described in the Plan for purposes of the Township and the Township's agents implementing all rights of the Township under the MPC and under this Agreement.

Failure to Proceed. a. A. If Developer fails to prosecute the work of the development with promptness and diligence, or fails in the performance of any of the provisions contained in this Agreement, the Township shall give to Developer written notice of such default. In the event Developer does not commence to correct such default within five two (52) business days of such notice, and thereafter to diligently continue to correct such default, the Township shall have the right to secure materials of the quality and quantity required by this Agreement and the Plan Plans and the necessary numbers of workers, mechanics, and the required equipment in the open market at the then current market prices, from any party or parties, to cure such default. Provided, however, if the Township shall determine that curing such default shall require the Township to undertake completion of the Dedicated Improvements, the procedures and time limits of Paragraph 22 23(A) shall apply. Additionally, it is acknowledged by Developer that Township may need to pay prevailing wages or have other restrictions on the completion of improvements that may cause additional costs. Developer agrees that those additional costs shall be added to the other costs to Township to be paid by Developer. b. B. Developer and Owner hereby grants grant to Township a temporary easement and right of way for purposes of entering upon the lands described in the Plan for purposes of the Township and the Township's ’s agents implementing all rights of the Township under the MPC and under this Agreement.