Phasing Flexibility. Provided that Redeveloper has Commenced Construction for a given Phase and is diligently pursuing Completion of Construction thereof, then subject to Redeveloper demonstrating to the reasonable satisfaction of the Township Redeveloper’s ability to satisfy the Infrastructure Improvements relating to the subsequent Phases in accordance with the terms of the Infrastructure Construction Agreement, Redeveloper may on Notice to the Township elect to accelerate the Commencement of Construction of a later Phase. Under no circumstances will Redeveloper’s election to accelerate a later Phase relieve Redeveloper of its unconditional obligation to Complete Construction of earlier Phases and Infrastructure Improvements in accordance with the Construction Schedule and the other applicable terms and conditions of this Agreement and in accordance with the terms of the Infrastructure Construction Agreement. Notwithstanding anything in this paragraph to the contrary, prior to the Redeveloper’s acquisition of the Township-Owned Property, Redeveloper shall not have the right to accelerate Phase 2B without the Township’s consent, which shall be in the Township’s sole discretion. Further notwithstanding anything in this Agreement to the contrary, Redeveloper shall not be permitted to pull building permits (other than those for demolition and/or site work) for Phase 2D unless and until it has Completed Construction of Phase 2C as further set forth at Exhibit G hereto.
Phasing Flexibility. Subject to the prerequisites for development of each Phase as identified in this Phasing Plan and Attachment 1 hereto, Development in another Phase may proceed prior to completion of the Project Infrastructure and Open Space identified for a prior Phase, provided that development of Project Infrastructure and Open Space remains consistent with the principles outlined herein, and that for each building project or sub-Phase previously initiated Landowner has committed in an associated Improvement Agreement to provide the as-needed or Adjacent Infrastructure and required Open Space and is otherwise proceeding in compliance with the requirements of the Affordable Housing Plan.
