Negotiating Period. The "Negotiating Period" under this Agreement is comprised of (i) an initial period of six months, beginning on the Effective Date, and, (ii) if agreed to by the parties in writing, one three-month renewal period. The County’s Director of Conservation and Development (the “Director”) will make the determination for the County with respect to whether the Negotiating Period will be extended through the renewal period. The Director’s decision will be based on his reasonable judgment as to whether sufficient progress has been made toward a mutually acceptable DDA to merit further negotiations. a. Subject to Section 2.b. below, if a DDA is not executed by the parties prior to the expiration of the Negotiating Period, this Agreement will terminate and neither party will have any further rights or obligations under this Agreement (with the exception of Section 22 (waiver of lis pendens), Section 23(d) (indemnity) and Section 25 (no commissions), all of which survive the termination of this Agreement). Upon the execution of a DDA by the County and the Developer, this Agreement will terminate and all rights and obligations of the parties with respect to the Development will be governed by the DDA. b. Notwithstanding anything to the contrary in this Agreement, if at the end of the Negotiating Period, a form of DDA has been mutually agreed upon by the Developer and the Director but the DDA has not been approved by the parties’ governing bodies, the Director may extend the Negotiating Period to the date on which the County holds a public hearing to consider approving the DDA.
Appears in 2 contracts
Samples: Exclusive Negotiating Rights Agreement, Exclusive Negotiating Rights Agreement
Negotiating Period. The "Negotiating Period" under this Agreement is comprised of (i) an initial period of six twelve months, beginning on the Effective Date, and, (ii) if agreed to by the parties in writing, one threethree six-month renewal periodperiods. The County’s Director of Conservation and Development (the “Director”) will make the determination for the County with respect to whether the Negotiating Period will be extended through the renewal periodperiods. The Director’s decision will be based on his reasonable judgment as to whether sufficient progress has been made toward a mutually acceptable DDA to merit further negotiations.
a. Subject to Section 2.b. below, if a DDA is not executed by the parties prior to the expiration of the Negotiating Period, this Agreement will terminate and neither party will have any further rights or obligations under this Agreement (with the exception of Section 22 (waiver of lis pendens), Section 23(d) (indemnity) and Section 25 (no commissions), all of which survive the termination of this Agreement). Upon the execution of a DDA by the County and the Developer, this Agreement will terminate and all rights and obligations of the parties with respect to the Development will be governed by the DDA.
b. Notwithstanding anything to the contrary in this Agreement, if at the end of the Negotiating Period, a form of DDA has been mutually agreed upon by the Developer and the Director but the DDA has not been approved by the parties’ governing bodies, the Director may extend the Negotiating Period to the date on which the County holds a public hearing to consider approving the DDA.
Appears in 2 contracts
Samples: Exclusive Negotiating Rights Agreement, Exclusive Negotiating Rights Agreement
Negotiating Period. The "Negotiating Period" under this Agreement is comprised of (i) an initial period of six months, beginning on the Effective Date, and, (ii) if agreed to by the parties in writing, one threethree six-month renewal periodperiods. The County’s Director of Conservation and Development (the “Director”) will make the determination for the County with respect to whether the Negotiating Period will be extended through the renewal periodperiods. The Director’s decision will be based on his reasonable judgment as to whether sufficient progress has been made toward a mutually acceptable DDA to merit further negotiations.
a. Subject to Section 2.b. below, if a DDA is not executed by the parties prior to the expiration of the Negotiating Period, this Agreement will terminate and neither party will have any further rights or obligations under this Agreement (with the exception of Section 22 (waiver of lis pendens), Section 23(d) (indemnity) and Section 25 (no commissions), all of which survive the termination of this Agreement). Upon the execution of a DDA by the County and the Developer, this Agreement will terminate and all rights and obligations of the parties with respect to the Development will be governed by the DDA.
b. Notwithstanding anything to the contrary in this Agreement, if at the end of the Negotiating Period, a form of DDA has been mutually agreed upon by the Developer and the Director but the DDA has not been approved by the parties’ governing bodies, the Director may extend the Negotiating Period to the date on which the County holds a public hearing to consider approving the DDA.
Appears in 2 contracts
Samples: Exclusive Negotiating Rights Agreement, Exclusive Negotiating Rights Agreement