Obligations of Developer. Representations and Warranties
Obligations of Developer. In consideration of County entering into this Agreement, Xxxxxxxxx agrees that it will comply with this Agreement and County Approvals. The Parties acknowledge that the execution of this Agreement by County is a material consideration for both Developer’s acceptance of, and agreement to comply with, the terms and conditions of this Agreement and County Approvals.
Obligations of Developer. 3.1 During the term of this Agreement, Developer shall: (i) use commercially reasonable efforts and diligence to coordinate, supervise, manage and facilitate such services as may be necessary to implement the pre-development, development, design, procurement, construction and completion of the Outside Plant in accordance with the Development Plan and Budget, and (ii) provide, upon the request of an Owner or as required under this Agreement, consultation and assistance to such Owner concerning all matters with respect to the development of the Network. Developer shall arrange for the personnel and services necessary to perform its responsibilities under this Agreement. It is understood that Developer will rely primarily on independent contractors and may not have employees of its own.
Obligations of Developer. (1) The Developer shall design and construct the Infrastructure in accordance with the standards set forth in the City’s land development ordinances. The Developer covenants and agrees through the exercise of commercially reasonable efforts to submit to FEDC invoices, receipts or other documentation acceptable to FEDC for Infrastructure Improvements made to the Property.
(2) The Developer shall contribute no less than One Million One Hundred Thousand Dollars ($1,100,000.00) for onsite Infrastructure Improvements. Any monies including any allocated contingency funds not spent from the combined contributions of FEDC and Developer shall be to the benefit of FEDC.
(3) The Developer covenants and agrees through the exercise of commercially reasonable efforts to obtain or cause to be obtained by February 1, 2019, a Certificate of Occupancy(s) from the City for a minimum of 7,500 gross square feet of retail, restaurant or commercial space on the Property; by August 1, 2020, a Certificate of Occupancy(s) from the City for an additional minimum of 7,500 gross square feet of retail, restaurant or commercial space on the Property; by February 1, 2022, a Certificate of Occupancy(s) from the City for an additional minimum of 7,500 gross square feet of retail, restaurant or commercial space on the Property.
(4) The Developer covenants and agrees to use commercially reasonable efforts to cause the employ and maintenance of a minimum of thirty (30) Full-Time Employment Positions based on a minimum schedule of ten (10) positions by February 1, 2019, an additional ten (10) position by August 1, 2020, and an additional ten (10) positions by February 1, 2022.
(5) The Developer covenants and agrees to use commercially reasonable efforts to deliver to FEDC a written verification that shall certify a minimum number of Full- Time Employment Positions working at the Property, by December 31st of each year, (the “Compliance Verification”). The Compliance Verification may include quarterly IRS 941 returns, or Texas Workforce Commission Employer Quarterly Reports.
(6) The Developer expressly acknowledges that by entering into this Agreement, the Developer, its successors, assigns, vendors, grantees, and/or trustees, shall not construe any language contained herein or in any Exhibits attached hereto as waiving any of the requirements of the Zoning Ordinance or Subdivision Ordinance applicable to the Project at the time of development.
(7) The Developer shall plat all or portions of th...
Obligations of Developer. 3.1 Developer shall be solely responsible for the design, development, supply, production, validity of copyrights and patents claimed by Developer, and performance of the Software.
Obligations of Developer. Developer has designed, obtained all permits for, contracted for the construction of, constructed and paid all costs associated with the acquisition and improvement of the Parks in accordance with applicable law including the prevailing wage laws in the Labor Code. All of the improvements to the Properties were completed in a good and xxxxxxx like manner and condition.
Obligations of Developer. Notwithstanding the fact that Developer’s plans and specifications, completion of the work, and other acts are subject to approval by the City, it is understood and agreed that any approval by City thereof or any full or partial release of any improvement security shall not relieve Developer from satisfactorily performing said Work of improvement or its obligations under this Agreement. Compliance with the City’s standards, specifications and all applicable laws, rules and regulations shall be the sole responsibility of the Developer. Developer hereby warrants that its plans and specifications will comply with all of City’s standards, specifications and ordinances and that the work done pursuant thereto shall be in conformity with the said standards, specifications and ordinances and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with sound construction practices. This warranty shall survive any review, inspection or approval by the Director of Public Works and any other City officers, employees or agents.
Obligations of Developer. Section 4.01.
Obligations of Developer. Town's agreement to forbear as provided in Paragraph 2 hereof is expressly conditioned upon the following:
(a) Developer shall complete the Remaining Work on or before December 1, 2022.
(b) Developer shall continue to comply with all other applicable terms of the Agreements and the Land Development Ordinance.
Obligations of Developer. (1) The Developer, at its own expense, will promptly after this document comes into operation, take all practical steps, and otherwise do anything that the Council reasonably requires, to procure:
(a) the consent of each person who:
(i) has an estate or interest in the Land; or
(ii) is seized or possessed of an estate or interest in the Land;
(b) the execution of any documents; and
(c) the production of the relevant duplicate certificates of title, and to otherwise undertake the registration of this document in accordance with clause 11.1.
(2) The Developer, at its own expense, will take all practical steps, and otherwise do anything that the Council reasonably requires:
(a) to allow the lodgement of this document with the Registrar-General as soon as reasonably practicable after this document comes into operation but in any event, no later than sixty (60) business days after that date; and
(b) to allow the registration of this document by the Registrar-General in the relevant folios of the Register for the Land as soon as reasonably practicable after this document is lodged for registration.
