Non-compliance with Agreement; Hearing Sample Clauses

Non-compliance with Agreement; Hearing. Prior to issuing a Certificate of Non-Compliance, if the Local Agency Planning Director, on the basis of substantial evidence, finds that the Landowner or a Required Transferee has not complied with the terms of this Agreement, it shall specify in writing to such Landowner or Required Transferee, with reasonable specificity, the respects in which Landowner or Required Transferee has failed to comply. The Planning Director shall also specify a reasonable time for Landowner and Required Transferee to respond, provide additional evidence of compliance or to meet the terms of compliance, which time shall be not less than thirty (30) days, and shall be reasonably related to the time necessary for Landowner or Required Transferee to adequately bring its performance into compliance with the terms of this Agreement, subject to any Permitted Delay; provided, however, that if the non-compliance solely involves a monetary Default, then the Planning Director may require payment in thirty (30) days. If after the reasonable time for
Sample 1
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Non-compliance with Agreement; Hearing. Prior to issuing a Certificate of Non-Compliance, if the Local Agency Planning Director, on the basis of substantial evidence, finds that the Landowner or a Required Transferee has not complied with the terms of this Agreement, it shall specify in writing to such Landowner or Required Transferee, with reasonable specificity, the respects in which Landowner or Required Transferee has failed to comply. The Planning Director shall also specify a reasonable time for Landowner and Required Transferee to respond, provide additional evidence of compliance or to meet the terms of compliance, which time shall be not less than thirty (30) days, and shall be reasonably related to the time necessary for Landowner or Required Transferee to adequately bring its performance into compliance with the terms of this Agreement, subject to any Permitted Delay; provided, however, that if the non-compliance solely involves a monetary Default, then the Planning Director may require payment in thirty (30) days. If after the reasonable time for Landowner or Required Transferee to meet the terms of compliance has passed and the Planning Director, on the basis of substantial evidence, continues to find that the Landowner or Required Transferee has not complied, then the Planning Director shall issue a Certificate of Non-
Sample 1
Non-compliance with Agreement; Hearing. If the Planning Director determines, on the basis of substantial evidence, that Xxxxxxxxx has not complied in good faith with the terms and conditions of the Agreement during the period under review, City Council, upon receipt of any report or recommendation from the Planning Commission, may initiate proceedings to modify or terminate the Agreement, at which time an administrative hearing shall be conducted, in accordance with the procedures of State law and Municipal Code Section 110-05. As part of that final determination, City Council may impose conditions that it considers necessary and appropriate to protect the interest of City.
Sample 1
Non-compliance with Agreement; Hearing. Prior to issuing a Certificate of Non-Compliance, if the Local Agency Planning Director, on the basis of substantial evidence, finds that the Landowner or a Required Transferee has not complied with the terms of this Agreement, it shall specify in writing to such Landowner or Required Transferee, with reasonable specificity, the respects in which Landowner or Required Transferee has failed to comply. The Planning Director shall also specify a reasonable time for Landowner and Required Transferee to respond, provide additional evidence of compliance or to meet the terms of compliance, which time shall be not less than thirty (30) days, and shall be reasonably related to the time necessary for Landowner or Required Transferee to adequately bring its performance into compliance with the terms of this Agreement, subject to any Permitted Delay; provided, however, that if the non-compliance solely involves a monetary Default, then the Planning Director may require payment in thirty (30) days. If after the reasonable time for Landowner or Required Transferee to meet the terms of compliance has passed and the Planning Director, on the basis of substantial evidence, continues to find that the Landowner or Required Transferee has not complied, then the Planning Director shall issue a Certificate of Non- Compliance. Any Certificate of Non-Compliance shall be made in writing with reasonable specificity as to the reasons for the determination, and a copy shall be provided to Landowner and Required Transferee in the manner prescribed in Section 21.3. If the Planning Director issues a Certificate of Non-Compliance, then the Local Agency’s legislative body shall conduct a hearing within thirty (30) days of the Planning Director’s issuance of the Certificate of Non- Compliance, or at the next available, regularly scheduled hearing thereafter. The Landowner and Required Transferee shall be given not less than ten (10) days written notice of the hearing and copies of the evidence upon which the Planning Director made her/his determination. Landowner and Required Transferee will be given the opportunity to present evidence at the hearing. If the legislative body determines that the Landowner or a Required Transferee is not in compliance with this Agreement, it may proceed to enforce the Local Agency’s rights and remedies, including, modifying or terminating this Agreement at a subsequent public hearing.
Sample 1

Related to Non-compliance with Agreement; Hearing

  • Compliance with Agreement Buyer shall have performed and complied in all material respects with all of its obligations under this Agreement which are to be performed or complied with by it prior to or on the Closing Date.

  • Compliance with Agreements Promptly and fully comply with all Contractual Obligations to which any one or more of them is a party, except for any such Contractual Obligations (a) the nonperformance of which would not cause a Default or Event of Default, (b) then being contested by any of them in good faith by appropriate proceedings, or (c) if the failure to comply therewith could not reasonably be expected to have a Material Adverse Effect.

  • Compliance with Agreements and Law Each Restricted Person will perform all material obligations it is required to perform under the terms of each indenture, mortgage, deed of trust, security agreement, lease, franchise, agreement, contract or other instrument or obligation to which it is a party or by which it or any of its properties is bound. Each Restricted Person will conduct its business and affairs in compliance with all Laws applicable thereto.

  • Compliance with ADA The Company and its subsidiaries and each Real Property are currently in compliance with all presently applicable provisions of the Americans with Disabilities Act, as amended, except for any such non-compliance that would not, individually or in aggregate, reasonably be expected to have a Material Adverse Effect.

  • Compliance with Agreements, Laws, Etc It shall (i) duly observe and comply in all material respects with all Applicable Laws relative to the conduct of its business or to its assets, (ii) preserve and keep in full force and effect its legal existence, (iii) preserve and keep in full force and effect its rights, privileges, qualifications and franchises, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect, (iv) comply with the terms and conditions of each Facility Document to which it is a party and its Constituent Documents and (v) obtain, maintain and keep in full force and effect all Governmental Authorizations, Private Authorizations and Governmental Filings which are necessary to properly carry out its business and the transactions contemplated to be performed by it under the Facility Documents to which it is a party and its Constituent Documents, except, in the case of this clause (v), where the failure to do so would not reasonably be expected to have a Material Adverse Effect.

  • Compliance with FCPA Each of the Credit Parties and their Subsidiaries is in compliance with the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq., and any foreign counterpart thereto. None of the Credit Parties or their Subsidiaries has made a payment, offering, or promise to pay, or authorized the payment of, money or anything of value (a) in order to assist in obtaining or retaining business for or with, or directing business to, any foreign official, foreign political party, party official or candidate for foreign political office, (b) to a foreign official, foreign political party or party official or any candidate for foreign political office, and (c) with the intent to induce the recipient to misuse his or her official position to direct business wrongfully to such Credit Party or its Subsidiary or to any other Person, in violation of the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq.

  • Compliance with Instruments The execution, delivery and performance of this Agreement and the Escrow Agreement, the compliance with the terms and provisions hereof and the consummation of the transactions contemplated herein, therein and in the Registration Statement and Prospectus by the Company, do not and will not violate or constitute a breach of, or default under (i) the memorandum or articles of association of the Company; (ii) any of the material terms, provisions, or conditions of any material instrument, agreement, or indenture to which the Company is a party or by which it is bound or by which its business, assets, investments or properties may be affected; or (iii) any order, statute, rule, or regulation applicable to the Company, or any of its business, investments, assets or properties, of any court or (to the knowledge of the Company) any governmental authority or agency having jurisdiction over the Company, or any of its business, investments, properties or assets; and to the knowledge of the Company do not and will not result in the creation or imposition of any lien, charge, claim, or encumbrance upon any property or asset of the Company.

  • Compliance with Agreements and Covenants Purchaser shall have performed and complied in all material respects with all of its covenants, obligations and agreements contained in this Agreement to be performed and complied with by it on or prior to the Closing Date.

  • Compliance with Instructions We will only Process Personal Data for the purposes described in this DPA or as otherwise agreed within the scope of your lawful Instructions, except where and to the extent otherwise required by applicable law. We are not responsible for compliance with any Data Protection Laws applicable to you or your industry that are not generally applicable to us.

  • Compliance with Orders The Company is not in violation of any material judgment, decree, or order of any court, arbitrator or other governmental authority.

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