Common use of No Commencement Clause in Contracts

No Commencement. Subject to Force Majeure, if Xxxxxxxx has not Commenced Construction of the Garage within ninety (90) days after the Effective Date, then, at any time until Xxxxxxxx commences construction of 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) and exercise its Power of Termination without any liability or obligation to Xxxxxxxx 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 Xxxxxxxx and Garage Lender of written notice delivered at any time after such one ninety (90) day period but prior to commencement of construction. Such notice shall be accompanied by the Divestiture Payment. Upon delivery of such notice and payment of the applicable Divestiture Payment to Xxxxxxxx, Xxxxxxxx shall abandon the Project Site and remove all equipment and personal property from the Project Site. No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 7.04(A), or to invoke any available remedy with respect to an Event of Default by 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. No consent from, or notice to, Garage Lender or any cure right in favor of Garage Lender shall be required in connection with the exercise of such right. The foregoing terms shall be incorporated into the Multi-Party Agreement.

No Commencement. Subject to Force Majeurethe terms and conditions of Section 22, if Xxxxxxxx has not Commenced Commencement of Construction of the Garage Project Phase Work has not occurred within ninety (90) days after each of the Effective DateBond Proceeds Dates, then, at any time until Xxxxxxxx commences construction Commencement of Construction has occurred for the Garagespecific Project Phase Work for which Developer issued 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) and exercise its Power of Termination notify Developer to make the Reimbursement Payment, without any liability or obligation to Xxxxxxxx Developer or Garage Project 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 Xxxxxxxx and Garage Lender Developer of written notice delivered at any time after such one ninety (90) day period but prior to commencement Commencement of constructionConstruction. Such notice shall may be accompanied recorded by the Divestiture PaymentCity contemporaneously with, or at any time after, its delivery to Developer. Upon delivery of such notice and payment of Developer shall make the applicable Divestiture Reimbursement Payment to Xxxxxxxxas provided in the Multi-Party Agreement and/or Funding Agreement, Xxxxxxxx shall abandon the Project Site and remove all equipment and personal property from the Project Siteas applicable. No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 7.04(A17(a), or to invoke any available remedy with respect to an Event of Default by Hagerman 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. No consent from, or notice to, Garage Project Lender or any cure right in favor of Garage Project Lender shall be required in connection with the exercise of such right. The foregoing terms shall be incorporated into the Multi-Party Agreement.

No Commencement. Subject to Force Majeure, if Xxxxxxxx has not Commenced Construction of the Garage Police Station within ninety (90) days after the Effective Date, then, at any time until Xxxxxxxx commences construction of 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) and exercise its Power of Termination without any liability or obligation to Xxxxxxxx or Garage 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 Xxxxxxxx and Garage Police Station Lender of written notice delivered at any time after such one ninety (90) day period but prior to commencement of construction. Such notice shall be accompanied by the Divestiture Payment. Upon delivery of such notice and payment of the applicable Divestiture Payment to Xxxxxxxx, Xxxxxxxx shall abandon the Project Site and remove all equipment and personal property from the Project Site. No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 7.04(A), or to invoke any available remedy with respect to an Event of Default by 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. No consent from, or notice to, Garage Police Station Lender or any cure right in favor of Garage Police Station Lender shall be required in connection with the exercise of such right. The foregoing terms shall be incorporated into the Multi-Party Agreement.

No Commencement. Subject to Force Majeurethe terms and conditions of Section 22, if Xxxxxxxx has not Commenced Commencement of Construction of the Garage associated Project Phase Work has not occurred within ninety (90) days after each of the Effective DateBond Proceeds Dates, then, at any time until Xxxxxxxx commences construction Commencement of Construction has occurred for the Garagespecific Project Phase Work for which Developer issued 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) and exercise its Power of Termination notify Developer that no additional Bond Proceeds will be disbursed, without any liability or obligation to Xxxxxxxx Developer or Garage Project 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 Xxxxxxxx and Garage Lender Developer of written notice delivered at any time after such one ninety (90) day period but prior to commencement Commencement of construction. Such notice shall be accompanied by the Divestiture Payment. Upon delivery of such notice and payment of the applicable Divestiture Payment to Xxxxxxxx, Xxxxxxxx shall abandon the Project Site and remove all equipment and personal property from the Project SiteConstruction. No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 7.04(A17(a), or to invoke any available remedy with respect to an Event of Default by Hagerman 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. No consent from, or notice to, Garage Project Lender or any cure right in favor of Garage Project Lender shall be required in connection with the exercise of such right. The foregoing terms shall be incorporated into the Multi-Party Agreement.