Common use of No Commencement Clause in Contracts

No Commencement. (i) Initial Project. Subject to the terms and conditions of Section 22, if Developer has not commenced construction of the Office Building or the Garage within one hundred fifty (150) days after the Closing Date and such delay is not directly caused by the City’s performance of City On-Site Work, then, at any time until Developer commences construction of the Office Building or the Garage, City may elect, in addition to any other legal and equitable remedies available to City, to (i) unilaterally terminate this Agreement and all Ancillary Agreements; and (ii) re-enter the Project Site and exercise its Power of Termination and cause title to the Project Site to vest in Building Corp.; and (iii) unilaterally terminate the Ancillary Documents, including, without limitation, Developer’s interest in and under the Garage Lease and Developer’s leasehold estate in the Garage and Garage Parcel pursuant to the Garage Lease and Declaration; in each case, without any liability or obligation to Developer. Subject to the foregoing, the Power of Termination and foregoing rights shall be deemed exercised upon delivery to Developer of written notice delivered at any time after such one hundred fifty (150) day period but prior to commencement of construction of the Office Building or the Garage. Upon delivery of such notice to Developer, Developer shall surrender possession of the Project Site to Building Corp. and title to, and all estates of Developer in the Garage Lease shall terminate, and the Project Site shall automatically, and without further action, re-vest in Building Corp. Any such re-vesting shall be free and clear of any and all encumbrances, liens, mortgages, easements, agreements, and other matters of record other than those existing immediately prior to Closing. No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 17(a)(i), or to invoke any available remedy with respect to an Event of Default by Developer shall under any circumstances be deemed or held to be a waiver by City Bodies of the right to do so thereafter, or an estoppel of City Bodies to assert any right available to it upon the occurrence, recurrence of continuation of any violation or violations hereunder. For purposes of this Section 17(a)(i), “commencement of construction” shall mean material and substantial work on the Office Building or Garage pursuant to Required Permits such as installation of footings and foundations and shall not be deemed to occur as a result of mere excavation work. The foregoing terms shall be incorporated into the Garage Lease and the Declaration. Further, such terms shall encumber the entire Project Site; provided, however, if the Hotel Parcel has been conveyed to the Hotel Developer, this Section 17(a)(i) shall only encumber the portions of the Project Site owned by Developer.

No Commencement. (i) Initial Project. Subject to the terms Force Majeure and conditions of Section 22after offering in writing to meet with Company to discuss Company’s failure to commence, if Developer Company has not commenced construction of the Office Building or the Garage Project within one hundred fifty (150) days after the Closing Date and such delay is not directly caused by the City’s performance of City On-Site WorkDate, then, at any time until Developer Company commences construction of the Office Building or the GarageProject, City may elect, in addition to any other legal and equitable remedies available to City, to (i) unilaterally terminate this Agreement and all Ancillary AgreementsAgreement; and (ii) re-enter the Project Site and exercise its Power of Termination and cause title to the Project Site to vest in Building Corp.; and (iii) unilaterally terminate the Ancillary Documents, including, without limitation, Developer’s interest in and under the Garage Lease and Developer’s leasehold estate in the Garage and Garage Parcel pursuant to the Garage Lease and Declaration; in each caseRDC, without any liability or obligation to DeveloperCompany. Subject to the foregoing, the The Power of Termination and foregoing rights shall be deemed exercised upon delivery to Developer Company of written notice Notice delivered at any time after such one hundred fifty (150) day period but prior to commencement Commencement of construction Construction (as defined herein below) of the Office Building or the GarageProject. Upon delivery of such notice Notice to DeveloperCompany, Developer Company shall surrender possession of the Project Site to Building Corp. RDC and title to, and all estates of Developer in to the Garage Lease shall terminate, and the Project Site shall automatically, and without further action, re-vest in Building Corp. the RDC; provided, however, if title to the property cannot automatically vest in the RDC, Company acknowledges and agrees that it shall execute a limited warranty deed and take all other required action under the Laws or by the Title Insurer to reconvey the Site to the RDC. Any such re-vesting shall be free and clear of any and all encumbrances, liens, mortgages, easements, agreements, and other matters of record other than those existing immediately prior to Closing. No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 17(a)(i), 13(a) or to invoke any available remedy with respect to an Event of Default by Developer Company shall under any circumstances be deemed or held to be a waiver by City Bodies of the right to do so thereafter, or an estoppel of City Bodies to assert any right available to it upon the occurrence, recurrence of continuation of any violation or violations hereunder. For purposes of this Section 17(a)(i13(a), “commencement Commencement of constructionConstruction” shall mean material and substantial work on the Office Building or Garage Project pursuant to Required Permits such as installation of footings and foundations and shall not be deemed to occur as a result of mere excavation work. The foregoing terms shall be incorporated into the Garage Lease and the Declaration. Further, such terms shall encumber the entire Project Site; provided, however, if the Hotel Parcel has been conveyed to the Hotel Developer, this Section 17(a)(i) shall only encumber the portions of the Project Site owned by Developer.

No Commencement. (i) Initial Project. Subject to the terms and conditions of Section 22Force Majeure, if Developer Company has not commenced construction of the Office Building or the Garage Project within one hundred fifty ninety (15090) days after the Closing Date and such delay is not directly caused by the City’s performance of City On-Site WorkDate, then, at any time until Developer Company commences construction of the Office Building or the GarageProject, City Bodies may elect, in addition to any other legal and equitable remedies available to CityCity Bodies, to (i) unilaterally terminate this Agreement and all the Ancillary Agreements; and (ii) re-enter the Project Site and exercise its Power of Termination and cause title to the Project Site to vest in Building Corp.; and (iii) unilaterally terminate the Ancillary Documents, including, without limitation, Developer’s interest in and under the Garage Lease and Developer’s leasehold estate in the Garage and Garage Parcel pursuant to the Garage Lease and Declaration; in each case, without any liability or obligation to DeveloperCompany. Subject to the foregoing, the Power of Termination and The foregoing rights shall be deemed exercised upon delivery to Developer Company of written notice Notice delivered at any time after such one hundred fifty ninety (15090) day period but prior to commencement Commencement of construction Construction (as defined herein below) of the Office Building or Project. Within thirty (30) days of the Garage. Upon delivery of such notice the Notice to DeveloperCompany, Developer Company shall surrender possession of reimburse the Project Site to Building Corp. and title to, and all estates of Developer Commission for the City Land in the Garage Lease shall terminateamount of One Hundred Thirty Thousand, Four Hundred Fifteen and the Project Site shall automatically, and without further action, re-vest in Building Corp. Any such re-vesting shall be free and clear of any and all encumbrances, liens, mortgages, easements, agreements, and other matters of record other than those existing immediately prior to Closing. no/100 Dollars ($130,415.00) No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 17(a)(i), 11(a) or to invoke any available remedy with respect to an Event of Default by Developer Company shall under any circumstances be deemed or held to be a waiver by City Bodies of the right to do so thereafter, or an estoppel of City Bodies to assert any right available to it upon the occurrence, recurrence of continuation of any violation or violations hereunder. For purposes of this Section 17(a)(i11(a), “commencement Commencement of constructionConstruction” shall mean material and substantial work on the Office Building or Garage Project pursuant to Required Permits such as installation of footings and foundations and shall not be deemed to occur as a result of mere excavation work. The foregoing terms shall be incorporated into the Garage Lease and the Declaration. Further, such terms shall encumber the entire Project Site; provided, however, if the Hotel Parcel has been conveyed to the Hotel Developer, this Section 17(a)(i) shall only encumber the portions of the Project Site owned by Developer.

No Commencement. (i) Initial Project. Subject to the terms and conditions of Section 22Force Majeure, if Developer Xxxxxxxx has not commenced construction Commenced Construction of the Office Building or the Garage within one hundred fifty ninety (15090) days after the Closing Date and such delay is not directly caused by the City’s performance of City On-Site WorkEffective Date, then, at any time until Developer Xxxxxxxx commences construction of the Office Building or the Garage, City may elect, in addition to any other legal and equitable remedies available to City, to (i) unilaterally terminate this Agreement and all Ancillary Agreements; and (ii) re-enter the Project Site and exercise its Power of Termination and cause title to the Project Site to vest in Building Corp.; and (iii) unilaterally terminate the Ancillary Documents, including, without limitation, Developer’s interest in and under the Garage Lease and Developer’s leasehold estate in the Garage and Garage Parcel pursuant to the Garage Lease and Declaration; in each case, without any liability or obligation to DeveloperXxxxxxxx or Garage Lender, except as provided in this paragraph and in the Scoping Agreement. Subject to the foregoing, the Power of Termination and foregoing rights shall be deemed exercised upon delivery to Developer Xxxxxxxx and Garage Lender of written notice delivered at any time after such one hundred fifty ninety (15090) day period but prior to commencement of construction of construction. Such notice shall be accompanied by the Office Building or the GarageDivestiture Payment. Upon delivery of such notice and payment of the applicable Divestiture Payment to DeveloperXxxxxxxx, Developer Xxxxxxxx shall surrender possession of abandon the Project Site to Building Corp. and title to, remove all equipment and all estates of Developer in the Garage Lease shall terminate, and personal property from the Project Site shall automatically, and without further action, re-vest in Building Corp. Any such re-vesting shall be free and clear of any and all encumbrances, liens, mortgages, easements, agreements, and other matters of record other than those existing immediately prior to ClosingSite. No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 17(a)(i7.04(A), or to invoke any available remedy with respect to an Event of Default by Developer Hagerman shall under any circumstances be deemed or held to be a waiver by City Bodies of the right to do so thereafter, or an estoppel of City Bodies to assert any right available to it upon the occurrence, recurrence of continuation of any violation or violations hereunder. For purposes No consent from, or notice to, Garage Lender or any cure right in favor of this Section 17(a)(i), “commencement Garage Lender shall be required in connection with the exercise of construction” shall mean material and substantial work on the Office Building or Garage pursuant to Required Permits such as installation of footings and foundations and shall not be deemed to occur as a result of mere excavation workright. The foregoing terms shall be incorporated into the Garage Lease and the Declaration. Further, such terms shall encumber the entire Project Site; provided, however, if the Hotel Parcel has been conveyed to the Hotel Developer, this Section 17(a)(i) shall only encumber the portions of the Project Site owned by DeveloperMulti-Party Agreement.

No Commencement. (i) Initial Project. Subject to the terms and conditions of Section 22Force Majeure, if Developer Xxxxxxxx has not commenced construction Commenced Construction of the Office Building or the Garage Police Station within one hundred fifty ninety (15090) days after the Closing Date and such delay is not directly caused by the City’s performance of City On-Site WorkEffective Date, then, at any time until Developer Xxxxxxxx commences construction of the Office Building or the GaragePolice Station, City may elect, in addition to any other legal and equitable remedies available to City, to (i) unilaterally terminate this Agreement and all Ancillary Agreements; and (ii) re-enter the Project Site and exercise its Power of Termination and cause title to the Project Site to vest in Building Corp.; and (iii) unilaterally terminate the Ancillary Documents, including, without limitation, Developer’s interest in and under the Garage Lease and Developer’s leasehold estate in the Garage and Garage Parcel pursuant to the Garage Lease and Declaration; in each case, without any liability or obligation to DeveloperXxxxxxxx or Police Station Lender, except as provided in this paragraph and in the Scoping Agreement. Subject to the foregoing, the Power of Termination and foregoing rights shall be deemed exercised upon delivery to Developer Xxxxxxxx and Police Station Lender of written notice delivered at any time after such one hundred fifty ninety (15090) day period but prior to commencement of construction of construction. Such notice shall be accompanied by the Office Building or the GarageDivestiture Payment. Upon delivery of such notice and payment of the applicable Divestiture Payment to DeveloperXxxxxxxx, Developer Xxxxxxxx shall surrender possession of abandon the Project Site to Building Corp. and title to, remove all equipment and all estates of Developer in the Garage Lease shall terminate, and personal property from the Project Site shall automatically, and without further action, re-vest in Building Corp. Any such re-vesting shall be free and clear of any and all encumbrances, liens, mortgages, easements, agreements, and other matters of record other than those existing immediately prior to ClosingSite. No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 17(a)(i7.04(A), or to invoke any available remedy with respect to an Event of Default by Developer Hagerman shall under any circumstances be deemed or held to be a waiver by City Bodies of the right to do so thereafter, or an estoppel of City Bodies to assert any right available to it upon the occurrence, recurrence of continuation of any violation or violations hereunder. For purposes No consent from, or notice to, Police Station Lender or any cure right in favor of this Section 17(a)(i), “commencement Police Station Lender shall be required in connection with the exercise of construction” shall mean material and substantial work on the Office Building or Garage pursuant to Required Permits such as installation of footings and foundations and shall not be deemed to occur as a result of mere excavation workright. The foregoing terms shall be incorporated into the Garage Lease and the Declaration. Further, such terms shall encumber the entire Project Site; provided, however, if the Hotel Parcel has been conveyed to the Hotel Developer, this Section 17(a)(i) shall only encumber the portions of the Project Site owned by DeveloperMulti-Party Agreement.

No Commencement. (i) Initial Project. Subject to the terms Force Majeure and conditions of Section 22after offering in writing to meet with Company to discuss Company’s failure to commence, if Developer Company has not commenced construction of the Office Building or the Garage Project within one hundred fifty ninety (15090) days after the Closing Date and such delay is not directly caused by the City’s performance of City On-Site WorkDate, then, at any time until Developer Company commences construction of the Office Building or the GarageProject, City may elect, in addition to any other legal and equitable remedies available to City, to (i) unilaterally terminate this Agreement and all Ancillary AgreementsAgreement; and (ii) re-enter the Project Site and exercise its Power of Termination and cause title to the Project Site City Parcel to vest in Building Corp.; and (iii) unilaterally terminate the Ancillary Documents, including, without limitation, Developer’s interest in and under the Garage Lease and Developer’s leasehold estate in the Garage and Garage Parcel pursuant to the Garage Lease and Declaration; in each caseRDC, without any liability or obligation to DeveloperCompany. Subject to the foregoing, the The Power of Termination and foregoing rights shall be deemed exercised upon delivery to Developer Company of written notice Notice delivered at any time after such one hundred fifty ninety (15090) day period but prior to commencement Commencement of construction Construction (as defined herein below) of the Office Building or the GarageProject. Upon delivery of such notice Notice to DeveloperCompany, Developer Company shall surrender possession of the Project Site City Parcel to Building Corp. the RDC and title to, and all estates of Developer in to the Garage Lease shall terminate, and the Project Site City Parcel shall automatically, and without further action, re-vest in Building Corp. the RDC; provided, however, if title to the property cannot automatically vest in the RDC, Company acknowledges and agrees that it shall execute a limited warranty deed and take all other required action under the Laws or by the Title Insurer to reconvey the City Parcel to the RDC. Any such re-vesting shall be free and clear of any and all encumbrances, liens, mortgages, easements, agreements, and other matters of record other than those existing immediately prior to Closing. No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 17(a)(i), 17(a) or to invoke any available remedy with respect to an Event of Default by Developer Company shall under any circumstances be deemed or held to be a waiver by City Bodies of the right to do so thereafter, or an estoppel of City Bodies to assert any right available to it upon the occurrence, recurrence of continuation of any violation or violations hereunder. For purposes of this Section 17(a)(i17(a), “commencement Commencement of constructionConstruction” shall mean material and substantial work on the Office Building or Garage Project pursuant to Required Permits such as installation of footings and foundations and shall not be deemed to occur as a result of (1) mere excavation work. The foregoing terms shall be incorporated into the Garage Lease , or (2) work related to working with Heritage Xxxxxxx and the Declaration. Further, such terms shall encumber the entire Project Site; provided, however, if the Hotel Parcel has been conveyed to the Hotel Developer, this Section 17(a)(i) shall only encumber the portions of the Project Site owned by Developeradjacent property owners on open-green space programming and design.

No Commencement. (i) Initial Project. Subject to the terms and conditions of Section 22, if Developer Commencement of Construction of the associated Project Phase Work has not commenced construction of the Office Building or the Garage occurred within one hundred fifty ninety (15090) days after each of the Closing Date and such delay is not directly caused by the City’s performance of City On-Site WorkBond Proceeds Dates, then, at any time until Commencement of Construction has occurred for the specific Project Phase Work for which Developer commences construction of the Office Building or the Garageissued a Bond Proceeds Notice, City may elect, in addition to any other legal and equitable remedies available to City, to (i) unilaterally terminate this Agreement and all Ancillary Agreements; Agreements and (ii) re-enter the Project Site and exercise its Power of Termination and cause title to the Project Site to vest in Building Corp.; and (iii) unilaterally terminate the Ancillary Documents, including, without limitation, Developer’s interest in and under the Garage Lease and Developer’s leasehold estate in the Garage and Garage Parcel pursuant to the Garage Lease and Declaration; in each casenotify Developer that no additional Bond Proceeds will be disbursed, without any liability or obligation to DeveloperDeveloper or Project Lender. Subject to the foregoing, the Power of Termination and foregoing rights shall be deemed exercised upon delivery to Developer of written notice delivered at any time after such one hundred fifty ninety (15090) day period but prior to commencement Commencement of construction of the Office Building or the Garage. Upon delivery of such notice to Developer, Developer shall surrender possession of the Project Site to Building Corp. and title to, and all estates of Developer in the Garage Lease shall terminate, and the Project Site shall automatically, and without further action, re-vest in Building Corp. Any such re-vesting shall be free and clear of any and all encumbrances, liens, mortgages, easements, agreements, and other matters of record other than those existing immediately prior to ClosingConstruction. No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 17(a)(i17(a), or to invoke any available remedy with respect to an Event of Default by Developer shall under any circumstances be deemed or held to be a waiver by City Bodies of the right to do so thereafter, or an estoppel of City Bodies to assert any right available to it upon the occurrence, recurrence of continuation of any violation or violations hereunder. For purposes No consent from, or notice to, Project Lender or any cure right in favor of this Section 17(a)(i), “commencement Project Lender shall be required in connection with the exercise of construction” shall mean material and substantial work on the Office Building or Garage pursuant to Required Permits such as installation of footings and foundations and shall not be deemed to occur as a result of mere excavation workright. The foregoing terms shall be incorporated into the Garage Lease and the Declaration. Further, such terms shall encumber the entire Project Site; provided, however, if the Hotel Parcel has been conveyed to the Hotel Developer, this Section 17(a)(i) shall only encumber the portions of the Project Site owned by DeveloperMulti-Party Agreement.