Fault of Developer Sample Clauses

Fault of Developer. Each of the following events, if uncured after expiration of the applicable cure period, constitutes a "Developer Event of Default": (a) The Developer fails to exercise good faith and diligent efforts to satisfy, within the time and in the manner set forth in Article 3, one or more of the conditions precedent to the City's obligation to convey the Property to the Developer; (b) The Developer refuses to accept conveyance from the City of the Property within the time periods and under the terms set forth in Article 3; (c) The Developer constructs or attempts to construct the Development in violation of Article 4; (d) The Developer has not satisfied all preconditions set forth in this Agreement to enable it to commence construction of the Development by the date set forth in the Schedule of Performance, or fails to commence or complete construction of the Development by the date set forth in the Schedule of Performance (as such dates may be extended with the prior written consent of the City Manager), or abandons or suspends construction of the Development prior to completion of all construction for a period of sixty (60) days after written notice by the City of such abandonment or suspension; (e) The Developer fails to comply with any obligation or requirement set forth in Article 4 or Article 6, including, but not limited to, the Developer's failure to construct the Development, or the Developer's failure to rent the Affordable Units in accordance with this Agreement. Any default by the Developer under the Regulatory Agreement shall also be a Developer Event of Default under this Agreement; (f) A Transfer occurs, either voluntarily or involuntarily, in violation of Article 7; (g) Any representation or warranty contained in this Agreement or in any application, financial statement, certificate, or report submitted to the City in connection with this Agreement proves to have been incorrect in any material and adverse respect when made; (h) A court having jurisdiction makes or enters any decree or order: (1) adjudging the Developer to be bankrupt or insolvent; (2) approving as properly filed a petition seeking reorganization of the Developer, or seeking any arrangement for the Developer, under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction; (3) appointing a receiver, trustee, liquidator, or assignee of the Developer, in bankruptcy or insolvency or for any of their properties; or...
Sample 1See All (10)
AutoNDA by SimpleDocs
Fault of Developer. (a) Except as to events constituting a basis for termination under Section 9.2 above, each of the following events, if uncured after expiration of the applicable cure period (including any cure period agreed to in writing by the Parties as a result of the meet and confer provisions of Sections 9.4(a)(i) and (vi) below)), shall constitute a “Developer Event of Default”: (i) Developer fails to satisfy any condition in Article 2 above (exclusive of Sections 2.2(n) and 2.3(a) above) within the times and in the manner specified in Article 2 above; provided, however, Developer shall have the right, at Developer’s written request and Xxxxxxxxx’s sole cost and expense, to meet and confer in good faith with the Superintendent of GGNRA to discuss the reasons for such failure and, if possible, to develop (with NPS’ written approval) a cure for such failure. (ii) Developer does not attempt diligently and in good faith to cause satisfaction of all conditions in Article 2 above. (iii) Developer fails to pay NPS any amount due to NPS under this Agreement within the time and in the manner specified in that section. (iv) Developer (or its assignee approved in writing by NPS) refuses for any reason (including, but not limited to, lack of funds) to accept conveyance from NPS of the leasehold interest in the Premises within the time and in the manner specified in Article 4 above after all conditions to such conveyance have been satisfied or waived. (v) Developer attempts or completes an assignment or transfer except as permitted in Article 8 above. (vi) Developer fails to commence promptly, or after commencement fails to prosecute diligently to completion (subject to Excusable Delay or Force Majeure), the renovation, Rehabilitation, and development of the Initial Improvements pursuant to the applicable Scope of Development within the times set forth in the applicable Schedule of Performance for more than ten (10) consecutive days, and such failure continues for a period of thirty (30) days from the date of written notice thereof from NPS as to such failure to commence or perform the renovation, Rehabilitation, and development; provided, however, Developer shall have the right, at Developer’s written request and Developer’s sole cost and expense, to meet and confer in good faith with the Superintendent of GGNRA to discuss the reasons for such failure and, if possible, to develop (with NPS’ written approval) a cure for such failure. (vii) Subject to Excusable Delay or Force Maj...
Sample 1
Fault of Developer. 10.4.1 Except as to events constituting a basis for termination under Section 10.2, each of the following events, if uncured after expiration of the applicable cure period, shall constitute a "Developer Event of Default": a. The Developer does not attempt diligently and in good faith to cause satisfaction of all conditions in Article 2, 3 and 4 that are the responsibility of the Developer. b. Subject to Section 11.5 (Excused Delays) and provided the Agency is not in default under Section 10.3, the Developer refuses for any reason (including, but not limited to, lack of funds) to accept conveyance from the Agency of any portion of the Site within the time and in the manner specified in Article 6. c. Subject to any Excused Delay pursuant to Section 11.5, the Developer fails to construct the Improvements in the manner and within the time set forth in Article 5. d. The Developer attempts or completes a Transfer except as permitted under Section 8.1. e. The Developer breaches any provision of Article 7 or any other material provision of this Agreement. f. The Developer fails to construct the Affordable Housing Units or the Below Market Rate Housing Units or fails to rent or sell the Affordable Housing Units in accordance with the requirements of this Agreement, the Regulatory Agreement or the Agency Affordability Covenants. g. The Developer breaches any other material provision of this Agreement. 10.4.2 Upon the happening of any event described in Section 10.4.1, the Agency shall first notify in writing the Developer of the Developer's purported breach or failure. The Developer shall have thirty (30) days from receipt of such notice to cure such breach or failure or if a cure is not possible within thirty (30) days, to begin such cure and to thereafter diligently prosecute such cure to completion; provided, however, if the breach or failure is caused by or the responsibility of any Transferee of Developer pursuant to an approved Transfer, the Agency shall notify the Transferee and the Developer in writing of its purported breach or failure. If the Transferee does not cure such breach or failure within thirty (30) days or commence such cure within thirty (30) days, the Agency shall provide the Developer with an additional thirty (30) days in which to cure such breach or failure or commence to cure such breach or failure if such breach or failure cannot be cured within thirty (30) days. Unless the Developer has accepted continuing responsibility for the obligatio...
Sample 1
Fault of Developer. (a) Except as to events constituting a basis for termination under Section 11.2 the following events each constitute a Developer Event of Default and a basis for the City to take action against the Developer: (1) The Developer fails to exercise good faith and diligent efforts to satisfy one or more of the conditions precedent to the City's obligation to convey the leasehold interest in the Residential Property to the Developer pursuant to the Ground Lease; (2) The Developer refuses to execute the Ground Lease within the time periods and under the terms set forth in ARTICLE 6; (3) The Developer constructs or attempts to construct the Improvements in violation of ARTICLE 7; (4) A Transfer occurs, either voluntarily or involuntarily, in violation of ARTICLE 10; (5) A court having jurisdiction shall have made or entered any decree or order (1) adjudging the Developer to be bankrupt or insolvent,
Sample 1
Fault of Developer. The following events shall entitle the Successor Agency to take action against Developer: (a)Developer fails to apply for any permits or approvals described in Section 5.02 within the time set forth in Exhibit B or thereafter fails to obtain such permits or approvals.
Sample 1
Fault of Developer. (a) Except as to events constituting a basis for termination under Section 6.2, each of the following events, if uncured after expiration of the applicable cure period, shall constitute a "Developer Event of Default": (1) The Developer fails to exercise good faith and diligent efforts to satisfy, within the time set forth herein, one or more of the conditions precedent to the Agency's obligation to fund the Agency Contribution; (2) The Developer fails to commence or complete the construction of the Project as set forth in Article 3; (3) The Developer attempts or completes a Transfer except as permitted under Article 4; or (4) The Developer breaches any other material provision of this Agreement. (b) Upon the happening of any event described in Section 6.4(a), the Agency shall first notify the Developer in writing of its purported breach or failure, and the Developer shall have thirty (30) days from receipt of such notice to cure such breach or failure (provided, if such default cannot be cured within such thirty (30) day period, then the Developer will be given such additional time necessary to cure such default provided that the Developer is diligently proceeding to cure such default in good faith and in no event shall such period exceed one hundred twenty (120) calendar days from the date of the Agency's initial notice). If the Developer does not cure within such period, then the event shall constitute a "Developer Event of Default" and the Agency shall be afforded as its sole and exclusive remedies: (i) terminating in writing this entire Agreement; and (ii) prosecuting an action for recovery of the Agency Contribution from the Developer (plus interest at the Interest Rate).
Sample 1
Fault of Developer. (a) Except as to events constituting a basis for termination under Section 10.2, each of the following events, if uncured after expiration of the applicable cure period, shall constitute a "Developer Event of Default": (1) The Developer does not attempt diligently and in good faith to cause satisfaction of all conditions in Article 2. (2) The Developer refuses for any reason (including, but not limited to, lack of funds) to accept conveyance from the Agency of the Property within the time and in the manner specified in Article 3. (3) Subject to the provisions of Section 11.5, the Developer fails to construct the Development in the manner and by the deadline set forth in Article 5. (4) The Developer fails to use or maintain the Property in the manner set forth in Article 7. (5) The Developer fails to convey the Homes to Qualified Homebuyers and Market Rate Homebuyers in the manner set forth in Article 7. (6) The Developer attempts or completes a Transfer except as permitted under Article 8. (7) Any representation or warranty contained in this Agreement or in any application, financial statement, certificate or report submitted to the Agency in connection with this Agreement proves to have been incorrect in any material and adverse respect when made and continues to be materially adverse to the Agency. (8) A court having jurisdiction shall have made or entered any decree or order (1) adjudging the Developer or the Developer's managing member to be bankrupt or insolvent, (2) approving as properly filed a petition seeking reorganization of the Developer or Developers managing member, seeking any arrangement for the Developer or the Developer's managing member under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction, (3) appointing a receiver, trustee, liquidator, or assignee of the Developer or the Developer's managing member in bankruptcy or insolvency or for any of their properties, or (4) directing the winding up or liquidation of the Developer or the Developer's managing member. (9) The Developer or the Developer's managing member shall have assigned its assets for the benefit of its creditors (other than pursuant to a Security Financing Interest) or suffered a sequestration or attachment of or execution on any substantial part of its property, unless the property so assigned, sequestered, attached or executed upon shall have been returned or released within ninety (90) days aft...
Sample 1
AutoNDA by SimpleDocs
Fault of Developer. (1) Each of the following events, if uncured after expiration of the applicable cure period, shall constitute a "Developer Event of Default". (a) The Developer fails to submit the design development plan, or plans, or obtain the City's approval of such plans, as applicable, within the time specified in Section 6.06. (b) The Developer fails to apply for the Applicable Land Use Approvals within the time specified in Section 6.07, or diligently pursue issuance of those permits and approvals. (c) The Developer fails to submit the construction plan, or plans, or obtain the City's approval of such plan(s), as applicable, within the time specified in Section 6.08. (d) The Developer fails to submit to the City, or fails to obtain City approval of the Financing Plan, within the time specified in Section 6.09. (e) The Developer fails to apply for, or obtain the building permits within the timeframe specified in Section 6.10. (f) The Developer fails to submit to the City, or fails to obtain City approval of the Construction Contract, or fails to deliver the payment and performance bonds within the times specified in Section 6.12, respectively. (g) The Developer fails to submit the evidence of insurance within the times specified in Section 6.13. (h) The Developer fails to complete the subdivision of the Property within the time frame specified in Section 6.14. (i) The Developer fails to provide the evidence of availability of funds as required in Section 6.15. (j) The Developer fails to construct the Improvements within the time and in the manner specified in Section 6.18. (k) The Developer fails to use and operate the Project Site in the manner set forth in Section 6.19. (l) The Developer attempts or completes a Transfer except as permitted under Section 9. (m) The Developer breaches any other material provision of this Agreement. (2) Upon the happening of any event described in Section 11.03(1), the City shall first notify the Developer in writing of its purported breach or failure, and the Developer shall have thirty (30) days from receipt of such notice to cure such breach or failure. If the Developer does not cure within such period (or, in the event such breach or failure cannot be cured within thirty (30) days the Developer fails to commence to cure within such period and thereafter fails to diligently cure to completion in no event to exceed ninety (90) days, then the event shall constitute a "Developer Event of Default" and the City shall be afforded all of ...
Sample 1
Fault of Developer 
Sample 1Sample 2Sample 3See All (4)

Related to Fault of Developer

  • Completion of Development 7.4.1 Upon the completion of the whole development or complete phases of the development, Council may review this Agreement, in whole or in part, and may: (a) retain the Agreement in its present form; (b) negotiate a new Agreement; (c) discharge this Agreement; or (d) for those portions of the development which are completed, discharge this Agreement and apply appropriate zoning pursuant to the Municipal Planning Strategy and Land Use By-law for Halifax Peninsula as may be amended from time to time.

  • Commencement of Development 5.3.1 In the event that development on the Lands has not commenced within five (5) years from the date of registration of this Agreement at the Registry of Deeds or Land Registry Office, as indicated herein, the Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Land Use By-law. For the purpose of this section, commencement of development shall mean issuance of a Mobile Home Park Construction Permit. 5.3.2 For the purpose of this section, Council may consider granting an extension of the commencement of development time period through a resolution under Section 4.1 of this Agreement, if the Municipality receives a written request from the Developer at least sixty (60) calendar days prior to the expiry of the commencement of development time period.

  • Notice of Developments Each Party will give prompt written notice to the other of any material adverse development causing a breach of any of its own representations and warranties in Section 3 and Section 4 above. No disclosure by any Party pursuant to this Section 5(f), however, shall be deemed to amend or supplement the Disclosure Schedule or to prevent or cure any misrepresentation, breach of warranty, or breach of covenant.

  • Description of Deliverables The Contractor shall Perform as set forth in Exhibit A.

  • Ownership of Deliverables Unless otherwise agreed in this Agreement, Contractor hereby assigns to the JBE ownership of all Deliverables, any partially-completed Deliverables, and related work product or materials. Contractor agrees not to assert any rights at common law, or in equity, or establish a copyright claim in any of these materials. Contractor shall not publish or reproduce any Deliverable in whole or part, in any manner or form, or authorize others to do so, without the written consent of the JBE.

  • Description of Services A description of Google Workspace for Education Service provided by Google is set forth in the Services Summary located at xxxxx://xxxxxxxxx.xxxxxx.xxx/terms/user_features.html.

  • Assignment of Developments (i) Executive acknowledges and agrees that all developments, including, without limitation, the creation of new products, devices, inventions, discoveries, concepts, ideas, improvements, patents, trademarks, trade names, trade dress, service marks, copyrights, domain names, trade secrets, designs, works, reports, computer software or systems, flow charts, diagrams, procedures, data, documentation, and writings and applications thereof, including all results and proceeds of the foregoing, relating to the Business or future business of the Company that Executive, alone or jointly with others, has discovered, suggested, conceived, created, made, developed, reduced to practice, or acquired during Executive’s employment with or as a result of Executive’s employment with the Company (collectively, “Developments”) are being prepared by Executive as an employee of the Company within the scope of Executive’s employment and shall be considered as “works made for hire” and shall remain the sole and exclusive property of the Company, free of any reserved or other rights of any kind on Executive’s part. If and to the extent the fact that the Developments are works made for hire is not effective to place ownership of the Developments and all rights therein to the Company, then Executive hereby solely, exclusively and irrevocably assigns and transfers to the Company any and all of his right, title and interest in and to the Developments. Executive agrees to disclose to the Company promptly and fully all future Developments and, at any time upon request and at the expense of the Company, to execute, acknowledge and deliver to the Company all instruments that the Company shall prepare and to take any and all other actions that are necessary or desirable, in the reasonable opinion of the Company, to evidence or effectuate all or any of the Company’s rights hereunder, including executing and delivering patent, trademark or copyright applications and instruments of assignment to the Company and enabling the Company to file instruments of assignment for, to file and prosecute applications for, and to acquire, maintain, and enforce, all patents, trademarks or copyrights covering the Developments in all countries in which the same are deemed necessary by the Company. All data, memoranda, notes, lists, drawings, records, files, investor and client/customer lists, supplier lists, and other documentation (and all copies thereof) made or compiled by Executive or made available to Executive concerning the Developments or otherwise concerning the past, present, or planned business of the Company are the property of the Company, and shall be delivered to the Company immediately upon the termination of Executive’s employment with the Company. (ii) If any patent, trademark or copyright application is filed by Executive or on Executive’s behalf during Executive’s employment with the Company or within one (1) year after Executive’s leaving the Company’s employ, describing a Development within the scope of Executive’s work for the Company or which otherwise relates to a portion of the business of the Company, of which the Executive had knowledge during Executive’s employment with the Company, it is to be conclusively presumed that the Development was conceived by Executive during the period of such employment.

  • DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS REQUIREMENTS/ STATEMENTS OF WORK

  • Staff Development ‌ The County and the Association agree that the County retains full authority to determine training needs, resources that can be made available, and the method of payment for training authorized by the County. Nothing in this subsection shall preclude the right of an employee to request specific training.

  • Description of Units Subject to the terms hereof the Fund proposes to issue and to offer for sale an aggregate of 15,000,000 of its limited liability company member units (the “Units”), at a price of $10 per Unit through you and those licensed brokers, if any, designated by you.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!