Common use of Limitations on Undertaking of the EDA Clause in Contracts

Limitations on Undertaking of the EDA. Notwithstanding the provisions of Sections 3.1, the EDA shall have no obligation to the Developer under this Agreement to reimburse the Developer for the costs of the correction of the Soil Deficiencies, if the EDA, at the time or times such payment is to be made, is entitled under Section 4.2 to exercise any of the remedies set forth therein as a result of an Event of Default which has not been cured.

Limitations on Undertaking of the EDA. Notwithstanding the provisions of Sections 3.1, the EDA shall have no obligation to the Developer under this Agreement to reimburse the Developer for the costs of the correction acquisition of the Soil DeficienciesDevelopment Property, if the EDA, at the time or times such payment is to be made, is entitled under Section 4.2 to exercise any of the remedies set forth therein as a result of an Event of Default which has not been cured.