Immediate Department Entry and Cure of Wrongful Use Sample Clauses

Immediate Department Entry and Cure of Wrongful Use. Without notice and without awaiting lapse of the period to cure, in the event of any Developer Default under Section 18.1.1.8 (use of the Project in violation of the Contract Documents) or Section 18.1.1.18 (closure of the Project or lane closure in violation of the Contract Documents), the Department may enter and take control of the Project to restore the permitted uses and reopen and continue operations for the benefit of Developer and the public, until such time as Developer or the Lenders cure such breach, or the Department terminates this Agreement. Developer shall pay to the Department on demand the Department’s Recoverable Costs in connection with such action. So long as the Department undertakes such action in good faith, even if under a mistaken belief in the occurrence of such a Developer Default, such action shall not be deemed unlawful or a breach of this Agreement, shall not expose the Department to any liability to Developer and shall not entitle Developer to any other remedy, except for the Department’s gross negligence, recklessness, willful misconduct or bad faith, it being acknowledged that the Department has a high priority, paramount public interest in providing and maintaining the authorized uses of the Project and continuous public access to the Project. Immediately following cure of such Developer Default, as determined by the Department, acting reasonably, the Department shall relinquish control and possession of the Project back to Developer.
Sample 1
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