Common use of Notice of City's Default Clause in Contracts

Notice of City's Default. (a) The Developer shall notify the City in writing of an alleged failure by the City to comply with a provision of this Agreement, which notice shall specify the alleged failure with reasonable particularity. The City shall, within thirty (30) days after receipt of such notice or such longer period of time as the Developer may specify in such notice, either cure such alleged failure or, in a written response to the Developer, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. (b) The Developer shall exercise good faith to determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the City. The City shall make available to the Developer, if requested, any records, documents, or other information necessary to make the determination. (c) In the event that the Developer determines that such failure has not occurred or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the Developer, or that such failure is excusable, such determination shall conclude the investigation. (d) If the Developer determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the Developer, then the Developer may proceed to mediation under Section 4.04 and subsequently exercise the applicable remedy under Section 4.05.

Notice of City's Default. (a) The Developer shall notify the City in writing of an alleged failure by the City to comply with a provision of this Agreement, which notice shall specify the alleged failure with reasonable particularity. The City shall, within thirty (30) days after receipt of such notice or such longer period of time as the Developer may specify in such notice, either cure such alleged failure or, in a written response to the Developer, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. (b) The Developer shall exercise good faith to determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the City. The City shall make available to the Developer, if requested, any records, documents, or other information necessary to make the determination. (c) In the event that the Developer determines that such failure has not occurred or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the Developer, or that such failure is excusable, such determination shall conclude the investigation. (d) If the Developer determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the Developer, then the Developer may proceed to mediation under Section 4.04 2.04 and subsequently exercise the applicable remedy under Section 4.052.05.

Notice of City's Default. (a) The Developer shall notify the City in writing of an alleged failure by the City to comply with a provision of this Agreement, which notice shall specify the alleged failure with reasonable particularity. The City shall, within thirty (30) days after receipt of such notice or such longer period of time as the Developer may specify in such notice, either cure such alleged failure or, in a written response to the Developer, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. (b) The Developer shall exercise good faith to determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the City. The City shall make available to the Developer, if requested, any records, documents, documents or other information necessary to make the determination. (c) In the event that the Developer determines that such failure has not occurred or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the Developer, or that such failure is excusable, such determination shall conclude the investigation. (d) If the Developer determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the Developer, then the Developer may proceed to mediation under Section 4.04 this Agreement and subsequently exercise the applicable remedy under Section 4.05remedy.

Notice of City's Default. (a) The Developer shall notify the City in writing of an alleged failure by the City to comply with a provision of this Agreement, which notice shall specify the alleged failure with reasonable particularity. The City shall, within thirty (30) days after receipt of such notice or such longer period of time as the Developer may specify in such notice, either cure such alleged failure or, in a written response to the Developer, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. (b) The Developer shall exercise good faith to and determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the City. The City shall make available to the Developer, if requested, any records, documents, or other information necessary to make the determination. (c) In the event that the Developer determines that such failure has not occurred or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the Developer, or that such failure is excusable, such determination shall conclude the investigation. (d) If the Developer determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the Developer, then the Developer may proceed to mediation under Section 4.04 2.04 and subsequently exercise the applicable remedy under Section 4.052.05.

Notice of City's Default. (a) The Developer shall notify the City in writing of an alleged failure by the City to comply with a provision of this Agreement, which notice shall specify the alleged failure with reasonable particularity. The City shall, within thirty (30) days after receipt of such notice or such longer period of time as the Developer may specify in such notice, either cure such alleged failure or, in a written response to the Developer, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. (b) The Developer shall exercise good faith to determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the City. The City shall make available to the Developer, if requested, any records, documents, or other information necessary to make the determination. (c) In the event that the Developer determines that such failure has not occurred or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the Developer, or that such failure is excusable, such determination shall conclude the investigation. (d) If the Developer determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the Developer, then the Developer may proceed to mediation under Section 4.04 3.04 and subsequently exercise the applicable remedy under Section 4.053.05.

Notice of City's Default. (a) The Developer District shall notify the City in writing of an specifying any alleged material failure by the City to comply with a provision of this Agreement, which notice shall specify describing the alleged failure with reasonable particularity. The City shall, within thirty (30) days after receipt of such the notice or such the longer period of time as the Developer District may specify in such the notice, either cure such the alleged failure or, in a written response to the DeveloperDistrict, either present facts and arguments in refutation or excuse of such the alleged failure or state that such the alleged failure will be cured and set forth the method and time schedule for accomplishing such the cure. (b) The Developer District shall exercise good faith to determine (i) whether a failure to comply with a provision has occurred; (ii) whether such the failure is excusable; and (iii) whether such the failure has been cured or will be cured by the City. The City shall make available to the DeveloperDistrict, if requested, any records, documents, documents or other information necessary to make the determination. (c) In If the event District determines that the Developer determines that such failure has not occurred occurred, or that such the failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the DeveloperDistrict, or that such the failure is excusable, such the determination shall conclude the investigation. (d) If the Developer District determines that a failure to comply with a provision has occurred and that such the failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the DeveloperDistrict, then the Developer District may proceed to mediation exercise applicable remedies under Section 4.04 and subsequently exercise the applicable remedy under Section 4.057.04.

Notice of City's Default. (a) The Developer shall notify the City in writing of an alleged failure by the City to comply with a provision of this Agreement, which notice shall specify the alleged failure with reasonable particularity. The City shall, within thirty sixty (3060) days after receipt of such notice or such longer period of time as the that Developer may specify in such notice, either cure such alleged failure or, in a written response to the each Developer, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. (b) The Developer shall exercise good faith to determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the City. The City shall make available to the Developer, if requested, any records, documents, documents or other information necessary to make the determination. (c) In the event that the Developer determines that such failure has not occurred occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the Developer, or that such failure is excusable, such determination shall conclude the investigation. (d) If the Developer determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the Developer, then the Developer may proceed to mediation under Section 4.04 and subsequently 7.04 hereof or exercise the applicable remedy under Section 4.057.05 hereof.

Notice of City's Default. (a) The Developer shall notify the City Manager in writing of an specifying any alleged failure by the City to comply with a provision of this Agreement, which notice shall specify describing the alleged failure with reasonable particularity. The City shall, within thirty (30) days after receipt of such the notice or such the longer period of time as the Developer may specify in such the notice, either cure such the alleged failure or, in a written response to the Developer, either present facts and arguments in refutation or excuse of such the alleged failure or state that such the alleged failure will be cured and set forth the method and time schedule for accomplishing such the cure. (b) The Developer shall exercise good faith to determine determine: (i) whether a failure to comply with a provision has occurred; (ii) whether such the failure is excusable; and (iii) whether such the failure has been cured or will be cured by the City. The City shall make available to the Developer, if requested, any records, documents, documents or other information necessary to make the determinationdetermination that are subject to the Public Information Act, Chapter 552, Texas Government Code. (c) In the event that the If Developer determines that such the failure has not occurred occurred, or that such the failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the Developer, or that such the failure is excusable, such the determination shall conclude the investigation. (d) If the Developer determines that a failure to comply with a provision has occurred and that such the failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the Developer, then Developer shall notify the Developer City and may proceed to mediation under Section 4.04 pursue any and subsequently exercise the applicable remedy under Section 4.05all remedies it has at law or equity.

Notice of City's Default. (a) The A Developer shall notify the City in writing of an alleged failure by the City to comply with a provision of this Agreement, which notice shall specify the alleged failure with reasonable particularity. The City shall, within thirty (30) days after receipt of such notice or such longer period of time as the a Developer may specify in such notice, either cure such alleged failure or, in a written response to the Developer, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule proposed by the City for accomplishing such cure. (b) The A Developer shall exercise good faith to determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the CityCity by a method and within a time reasonably satisfactory to the Developer. The City shall make available to the Developer, if requested, any records, documents, documents or other information necessary to make the determination. (c) In the event that the a Developer determines that such failure has not occurred or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the Developer, or that such failure is excusable, such determination shall conclude the investigation. (d) If the a Developer determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the Developer, then the a Developer may proceed to mediation under Section 4.04 5.04 and subsequently exercise the applicable remedy under Section 4.055.05.