Common use of Notice of Compliance Clause in Contracts

Notice of Compliance. Within thirty (30) days following any written request that Landowner may make from time to time, the City shall execute and deliver to Landowner a written “Notice of Compliance” in recordable form, duly executed and acknowledged by the City, which certifies: (a) This Development Agreement is unmodified and in full force and effect, or if there have been modifications hereto, that this Development Agreement is in full force and effect as modified and stating the date and nature of such modifications; (b) There are no known current uncured defaults under this Development Agreement or, in the alternative, specifying the dates and nature of any such default; and (c) Any other reasonable information requested by such Landowner. The failure to deliver such a statement, or to explain in writing why such notice cannot be provided, within such time shall constitute a conclusive presumption against the City that this Development Agreement is in full force and effect without modification (except as may be asserted by Landowner) and that there are no uncured defaults in the performance of Landowner. Landowner may record the Notice of Compliance.

Notice of Compliance. Within thirty (30) days following any written request that Landowner may make from time to time, the City shall execute and deliver to Landowner a written “Notice of Compliance” in recordable form, duly executed and acknowledged by the City, which certifies: (a) This Development Agreement is unmodified and in full force and effect, or if there have been modifications hereto, that this Development Agreement is in full force and effect as modified and stating the date and nature of such modifications; (b) There are no known current uncured defaults under this Development Agreement or, in the alternative, specifying the dates and nature of any such default; and (c) Any other reasonable information requested by such Landowner. and The failure to deliver such a statement, or to explain in writing why such notice cannot be provided, within such time shall constitute a conclusive presumption against the City that this Development Agreement is in full force and effect without modification (except as may be asserted by Landowner) and that there are no uncured defaults in the performance of Landowner. Landowner may record the Notice of Compliance.