No Waiver or Estoppel. This Agreement is irrevocable unless revoked by the mutual consent of Developer and the City. Neither this Agreement nor the deposit of the referenced cashier’s check by Developer and the acceptance of the Deposit or this Agreement by the City shall constitute a waiver or estoppel by or against the City concerning the Improvements, nor shall any such matters in any way relieve Developer from the obligations to (a) timely achieve satisfactory Installation/Acceptance of the Improvements, or (b) fully perform under the Warranty, regardless of whether or not the Deposit is adequate to pay for the satisfactory Installation/Acceptance of the Improvements or the satisfactory fulfillment of the Warranty. If the Deposit is inadequate to pay for the cost of Improvements for whatever reason, Xxxxxxxxx agrees to pay such deficiency independent of this Agreement which amount may include any and all incidental construction, legal, administrative or engineering fees or expenses incurred by the City to effect such work. Additionally no further permits or approvals shall be issued with respect to the Subdivision or to the Developer until such deficiency is cured.
Appears in 3 contracts
Samples: Bond Agreement, Bond Agreement, Bond Agreement
No Waiver or Estoppel. This Agreement is irrevocable unless revoked by the mutual consent of Developer and the City. Neither this Agreement nor the deposit of the referenced cashier’s check Letter of Credit by Developer Xxxxxxxxx and the acceptance of the Deposit Letter of Credit or this Agreement by the City City, shall constitute a waiver or estoppel by or against the City concerning the Improvements, ; nor shall any such matters in any way relieve Developer from the obligations to (a) timely achieve satisfactory Installation/Acceptance of the Improvements, or (b) fully perform under the Warranty, regardless of whether or not the Deposit Letter of Credit is adequate to pay for the satisfactory Installation/Acceptance of the Improvements or the satisfactory fulfillment of the Warranty. If the Deposit Letter of Credit is inadequate to pay for the cost of Improvements for whatever reason, Xxxxxxxxx agrees to pay such deficiency independent of this Agreement Agreement, which amount may include any and all incidental construction, legal, administrative administrative, or engineering fees or expenses incurred by the City to effect such work. Additionally Additionally, no further permits or approvals shall be issued with respect to the Subdivision or to the Developer until such deficiency is cured.
Appears in 3 contracts
Samples: Bond Agreement for Completion of Improvements, Bond Agreement for Completion of Improvements, Bond Agreement for Completion of Improvements
No Waiver or Estoppel. This Agreement is irrevocable unless revoked by the mutual consent of Developer Contractor and the City. Neither this Agreement nor the deposit of the referenced cashier’s check by Developer Contractor and the acceptance of the Deposit or this Agreement by the City shall constitute a waiver or estoppel by or against the City concerning the ImprovementsRestoration, nor shall any such matters in any way relieve Developer Contractor from the obligations to (a) timely achieve satisfactory Installation/Acceptance of the Improvements, Restoration or (b) fully perform under the Warranty, regardless of whether or not the Deposit is adequate to pay for the satisfactory Installation/Acceptance of the Improvements Restoration or the satisfactory fulfillment of the Warranty. If the Deposit is inadequate to pay for the cost of Improvements Restoration for whatever reason, Xxxxxxxxx Contractor agrees to pay such deficiency independent of this Agreement Agreement, which amount may include any and all incidental construction, legal, administrative administrative, or engineering fees or expenses incurred by the City to effect affect such work. Additionally Additionally, no further permits or approvals shall be issued with respect to the Subdivision or to the Developer Contractor until such deficiency is cured.
Appears in 2 contracts
Samples: Bond Agreement, Bond Agreement
No Waiver or Estoppel. This Agreement is irrevocable unless revoked by the mutual consent of Developer Contractor and the City. Neither this Agreement nor the deposit of the referenced cashier’s check escrow by Developer Contractor and the acceptance of the Deposit or this Agreement by the City shall constitute a waiver or estoppel by or against the City concerning the ImprovementsRestoration, nor shall any such matters in any way relieve Developer Contractor from the obligations to (a) timely achieve satisfactory Installation/Acceptance of the Improvements, Restoration or (b) fully perform under the Warranty, regardless of whether or not the Deposit is adequate to pay for the satisfactory Installation/Acceptance of the Improvements Restoration or the satisfactory fulfillment of the Warranty. If the Deposit is inadequate to pay for the cost of Improvements Restoration for whatever reason, Xxxxxxxxx Contractor agrees to pay such deficiency independent of this Agreement Agreement, which amount may include any and all incidental construction, legal, administrative administrative, or engineering fees or expenses incurred by the City to effect affect such work. Additionally Additionally, no further permits or approvals shall be issued with respect to the Subdivision or to the Developer Contractor until such deficiency is cured.
Appears in 2 contracts
Samples: Bond Agreement, Bond Agreement
No Waiver or Estoppel. This Agreement is irrevocable unless revoked by the mutual consent of Developer Contractor and the City. Neither this Agreement nor the deposit of the referenced cashier’s check escrow by Developer Contractor and the acceptance of the Deposit or this Agreement by the City shall constitute a waiver or estoppel by or against the City concerning the Improvements, nor shall any such matters in any way relieve Developer Contractor from the obligations to (a) timely achieve satisfactory InstallationImprovements/Acceptance of the Improvements, Improvements or (b) fully perform under the Warranty, regardless of whether or not the Deposit is adequate to pay for the satisfactory InstallationImprovements/Acceptance of the Improvements or the satisfactory fulfillment of the Warranty. If the Deposit is inadequate to pay for the cost of Improvements for whatever reason, Xxxxxxxxx Contractor agrees to pay such deficiency independent of this Agreement Agreement, which amount may include any and all incidental construction, legal, administrative administrative, or engineering fees or expenses incurred by the City to effect affect such work. Additionally Additionally, no further permits or approvals shall be issued with respect to the Subdivision or to the Developer Contractor until such deficiency is cured.
Appears in 2 contracts
Samples: Bond Agreement, Bond Agreement
No Waiver or Estoppel. This Agreement is irrevocable unless revoked by the mutual consent of Developer Contractor and the City. Neither this Agreement nor the deposit of the referenced cashier’s Letter of Credit check by Developer Contractor and the acceptance of the Deposit or this Agreement by the City shall constitute a waiver or estoppel by or against the City concerning the ImprovementsRestoration, nor shall any such matters in any way relieve Developer Contractor from the obligations to (a) timely achieve satisfactory Installation/Acceptance of the Improvements, Restoration or (b) fully perform under the Warranty, regardless of whether or not the Deposit is adequate to pay for the satisfactory Installation/Acceptance of the Improvements Restoration or the satisfactory fulfillment of the Warranty. If the Deposit is inadequate to pay for the cost of Improvements Restoration for whatever reason, Xxxxxxxxx Contractor agrees to pay such deficiency independent of this Agreement Agreement, which amount may include any and all incidental construction, legal, administrative administrative, or engineering fees or expenses incurred by the City to effect affect such work. Additionally Additionally, no further permits or approvals shall be issued with respect to the Subdivision or to the Developer Contractor until such deficiency is cured.
Appears in 2 contracts
Samples: Bond Agreement, Bond Agreement
No Waiver or Estoppel. This Agreement is irrevocable unless revoked by the mutual written consent of Developer both the City and the CityDeveloper. Neither this Agreement nor the deposit of the referenced cashier’s check Letter of Credit by Developer and the acceptance of the Deposit Letter of Credit or this Agreement by the City shall constitute a waiver or estoppel by or against the City concerning the Improvements, nor shall any such matters in any way relieve Developer from any of the obligations to (a) timely achieve satisfactory Installation/Acceptance of the Improvements, or (b) fully perform under the Warranty, regardless of whether or not the Deposit is adequate enough to pay for the satisfactory Installation/Acceptance of the Improvements or the satisfactory fulfillment of the Warranty. If the Deposit is inadequate to pay for the cost of Improvements for whatever reason, Xxxxxxxxx Developer hereby agrees to pay such deficiency independent of this Agreement Agreement, which amount may include include, but is not limited to, any and all incidental construction, legal, administrative or engineering fees or expenses incurred by the City to effect affect such work. Additionally Additionally, no further permits or approvals shall be issued with respect to the Subdivision Property or to the Developer until such deficiency is cured.
Appears in 1 contract
Samples: Bond Agreement for Completion of Proposed Improvements
No Waiver or Estoppel. This Agreement is irrevocable unless revoked by the mutual consent of Developer Contractor and the City. Neither this Agreement nor the deposit of the referenced cashier’s check by Developer Contractor and the acceptance of the Deposit or this Agreement by the City shall constitute a waiver or estoppel by or against the City concerning the Improvements, nor shall any such matters in any way relieve Developer Contractor from the obligations to to
(a) timely achieve satisfactory InstallationImprovements/Acceptance of the Improvements, Improvements or (b) fully perform under the Warranty, regardless of whether or not the Deposit is adequate to pay for the satisfactory InstallationImprovements/Acceptance of the Improvements or the satisfactory fulfillment of the Warranty. If the Deposit is inadequate to pay for the cost of Improvements for whatever reason, Xxxxxxxxx Contractor agrees to pay such deficiency independent of this Agreement Agreement, which amount may include any and all incidental construction, legal, administrative administrative, or engineering fees or expenses incurred by the City to effect affect such work. Additionally Additionally, no further permits or approvals shall be issued with respect to the Subdivision or to the Developer Contractor until such deficiency is cured.
Appears in 1 contract
Samples: Bond Agreement
No Waiver or Estoppel. This Agreement is irrevocable unless revoked by the mutual written consent of Developer both the City and the CityDeveloper. Neither this Agreement nor the deposit of the referenced cashier’s check by Developer and the acceptance of the Deposit or this Agreement by the City shall constitute a waiver or estoppel by or against the City concerning the Improvements, nor shall any such matters in any way relieve Developer from any of the obligations to (a) timely achieve satisfactory Installation/Acceptance of the Improvements, or (b) fully perform under the Warranty, regardless of whether or not the Deposit is adequate enough to pay for the satisfactory Installation/Acceptance of the Improvements or the satisfactory fulfillment of the Warranty. If the Deposit is inadequate to pay for the cost of Improvements for whatever reason, Xxxxxxxxx Developer hereby agrees to pay such deficiency independent of this Agreement Agreement, which amount may include include, but is not limited to, any and all incidental construction, legal, administrative or engineering fees or expenses incurred by the City to effect affect such work. Additionally Additionally, no further permits or approvals shall be issued with respect to the Subdivision or to the Developer until such deficiency is cured.
Appears in 1 contract
Samples: Bond Agreement for Completion of Proposed Improvements
No Waiver or Estoppel. This Agreement is irrevocable unless revoked by the mutual written consent of Developer both the City and the CityDeveloper. Neither this Agreement nor the deposit escrow of the referenced cashier’s check Deposit by Developer and the acceptance of the Deposit or this Agreement by the City shall constitute a waiver or estoppel by or against the City concerning the Improvements, nor shall any such matters in any way relieve Developer from any of the obligations to (a) timely achieve satisfactory Installation/Acceptance of the Improvements, or (b) fully perform under the Warranty, regardless of whether or not the Deposit is adequate enough to pay for the satisfactory Installation/Acceptance of the Improvements or the satisfactory fulfillment of the Warranty. If the Deposit is inadequate to pay for the cost of Improvements for whatever reason, Xxxxxxxxx Developer hereby agrees to pay such deficiency independent of this Agreement Agreement, which amount may include include, but is not limited to, any and all incidental construction, legal, administrative or engineering fees or expenses incurred by the City to effect affect such work. Additionally Additionally, no further permits or approvals shall be issued with respect to the Subdivision or to the Developer until such deficiency is cured.
Appears in 1 contract
Samples: Bond Agreement
No Waiver or Estoppel. This Agreement is irrevocable unless revoked by the mutual consent of Developer Contractor and the City. Neither this Agreement nor the deposit of the referenced cashier’s Letter of Credit check by Developer Contractor and the acceptance of the Deposit or this Agreement by the City shall constitute a waiver or estoppel by or against the City concerning the Improvements, nor shall any such matters in any way relieve Developer Contractor from the obligations to (a) timely achieve satisfactory Installation/Acceptance of the Improvements, Improvements or (b) fully perform under the Warranty, regardless of whether or not the Deposit is adequate to pay for the satisfactory Installation/Acceptance of the Improvements or the satisfactory fulfillment of the Warranty. If the Deposit is inadequate to pay for the cost of Improvements for whatever reason, Xxxxxxxxx Contractor agrees to pay such deficiency independent of this Agreement Agreement, which amount may include any and all incidental construction, legal, administrative administrative, or engineering fees or expenses incurred by the City to effect affect such work. Additionally Additionally, no further permits or approvals shall be issued with respect to the Subdivision or to the Developer Contractor until such deficiency is cured.
Appears in 1 contract
Samples: Bond Agreement
No Waiver or Estoppel. This Agreement is irrevocable unless revoked by the mutual consent of Developer and the City. Neither this Agreement nor the deposit escrow of the referenced cashier’s check Deposit by Developer and the acceptance of the Deposit or this Agreement by the City shall constitute a waiver or estoppel by or against the City concerning the Improvements, nor shall any such matters in any way relieve Developer from the obligations to (a) timely achieve satisfactory Installation/Acceptance of the Improvements, or (b) fully perform under the Warranty, all as provided in section 1 above, regardless of whether or not the Deposit is adequate to pay for the satisfactory Installation/Acceptance of the Improvements or the satisfactory fulfillment of the Warranty. If the Deposit is inadequate to pay for the cost of Improvements for whatever reason, Xxxxxxxxx agrees to pay such deficiency independent of this Agreement which amount may include any and all incidental construction, legal, administrative or engineering fees or expenses incurred by the City to effect such work. Additionally Additionally, no further permits or approvals shall be issued with respect to the Subdivision or to the Developer until such deficiency is cured.
Appears in 1 contract
Samples: Bond Agreement
No Waiver or Estoppel. This Agreement is irrevocable unless revoked by the mutual consent of Developer and the City. Neither this Agreement nor the deposit escrow of the referenced cashier’s check Deposit by Developer and the acceptance of the Deposit or this Agreement by the City shall constitute a waiver or estoppel by or against the City concerning the Improvements, nor shall any such matters in any way relieve Developer from the obligations to (a) timely achieve satisfactory Installation/Acceptance of the Improvements, or (b) fully perform under the Warranty, all as provided in section 1 above, regardless of whether or not the Deposit is adequate to pay for the satisfactory Installation/Acceptance of the Improvements or the satisfactory fulfillment of the Warranty. If the Deposit is inadequate to pay for the cost of Improvements for whatever reason, Xxxxxxxxx Developer agrees to pay such deficiency independent of this Agreement which amount may include any and all incidental construction, legal, administrative or engineering fees or expenses incurred by the City to effect such work. Additionally Additionally, no further permits or approvals shall be issued with respect to the Subdivision or to the Developer until such deficiency is cured.
Appears in 1 contract
Samples: Bond Agreement