Common use of Hearing on Default Claim Clause in Contracts

Hearing on Default Claim. At the time and place set for the hearing, the Developer shall be given an opportunity to be heard, to present oral and written evidence and to respond to the contentions of the City. If the City Council finds, based upon substantial evidence, that the Developer is in Default under this Development Agreement, the City Council may, subject to the Developer’s cure rights pursuant to Section 8.1, exercise its remedies under Section 8.3 below. The decision of the City Council shall be final and subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

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Hearing on Default Claim. At the time and place set for the hearing, the Developer shall be given an opportunity to be heard, to present oral and written evidence and to respond to the contentions of the City. If the City Council finds, based upon substantial evidence, that the Developer is in Default under this Development Agreement, the City Council may, subject to the Developer’s cure rights pursuant to Section 8.1, exercise its remedies under Section 8.3 below. The decision of the City Council shall be final and subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5.

Appears in 1 contract

Samples: Development Agreement

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Hearing on Default Claim. At the time and place set for the hearing, the Developer shall be given an opportunity to be heard, to present oral and written evidence and to respond to the contentions of the City. If the City Council finds, based upon substantial evidence, that the Developer is in Default under this Development Agreement, the City Council may, subject to the Developer’s cure rights pursuant to Section 8.1(if any), exercise its remedies under Section 8.3 7(c) below. The decision of the City Council shall be final and subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5.

Appears in 1 contract

Samples: Development Agreement

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