Plans and Data. If the Lease terminates as a result of an Event of Default by Tenant before Completion of the Initial Tenant Improvements, Tenant shall assign and deliver to Port (without cost to Port) any and all copies of reports in its possession regarding the Premises and all Construction Documents in the possession of or prepared for Tenant, for the contracting of the Initial Tenant Improvements within thirty (30) days after written demand from Port. Port may use said reports and Construction Documents for any purpose whatsoever relating to the Premises; provided, however, Port shall release Tenant and Tenant's contractor, architect, engineer, agents, employees and other consultants from any Losses arising out of Port's use of such reports and Construction Documents except to the extent such contractor, architect, engineer, agent, employee or other consultant is retained by Port to complete the Initial Tenant Improvements. Tenant shall include in all contracts and authorizations for services pertaining to the planning and design of the Initial Tenant Improvements an express agreement by the Person performing such services that Port may use such reports or Construction Documents as provided in this Section 6.1 without compensation or payment from Port in the event such reports or Construction. Documents are delivered to Port under the provisions of this Section 6.1, provided that Port agrees (i) not to remove the name of the preparer of such reports of Construction Documents without the preparer's written permission or (ii) to remove it at their written request.
Plans and Data. Where the Redeveloper does not proceed with the purchase and development of the Site, and when this Agreement is terminated pursuant to Section 511 hereof for any reason, the Redeveloper shall obtain written release from the architect and deliver to the Agency any and all plans and data concerning the Site, and the Agency or any other person or entity designated by the Agency is free to use such plans and data. [s607] Approval by Agency Wherever this Agreement requires the Agency to approve any contract, document, plan, specification, drawing or other matter, or to do any act or thing, such approval, act or thing shall not be unreasonably denied, delayed, conditioned or withheld. Disposition and Development Agreement No. 93-001 Page 35
Plans and Data. If the DDA is terminated for any reason, Redeveloper -------------- shall deliver to Agency, without a cost or expense to Agency, copies of any and all maps, architectural designs, engineering plans, drawings, studies, reports, surveys or data pertaining to the Project, provided Redeveloper has title to such items and the right to transfer such items free of claims or interest of any third party. Additionally, upon completion of the work, Redeveloper shall provide Agency with a set of "as built" plans for the Project.
Plans and Data. If the City terminates this Agreement pursuant to the terms of this Agreement following an Event of Default by Developer or otherwise has the right to complete or cause a third party such as the Guarantor to complete the Private Improvements, or if Developer terminates this Agreement prior to Close of Escrow for any reason other than City’s Event of Default , Developer shall assign, unless prohibited by Law, and deliver to the City, copies of any and all reports in Developer's possession regarding the Project, and any Construction Documents in the possession of Developer redacting therefrom any confidential information regarding the business of Developer or its affiliates unrelated to the Project, or to the extent Developer can obtain them after using best efforts (without any material expenditure of funds, unless City agrees to reimburse Developer for any such material expenditure of funds), prepared for Developer for the development of the Project, within sixty (60) days after the City's written demand. The City may use such reports and the Construction Documents for any purpose whatsoever relating to the Project, without cost or liability therefor to Developer or any other Person; provided, however, the City shall release Developer and also shall release Developer's contractor, architect, engineer and other consultants from any losses arising out of the City's use of such reports or Construction Documents except to the extent such contractor, architect, engineer or other consultant is retained by the City to complete construction. Notwithstanding the foregoing, if Guarantor is obligated to complete the Private Improvements pursuant to the Guaranty, Guarantor shall have the right to all such Construction Documents and other reports, subject to this Section 12.7(b) if Guarantor commits an Event of Default covered by its Guaranty. Developer shall include in all contracts and authorizations for services pertaining to the planning and design of the Private Improvements an express agreement by the Person performing such services that the City may use such reports or Construction Documents as provided in this Section 12.7(b) without compensation or payment from the City, unless sums are due under such reports or Constructions Documents, in the event such reports or Construction Documents are delivered to the City under the provisions of this Section. The City's and Developer's obligations under this Section 12.7 shall survive the termination of this Agreement.
Plans and Data. If this Agreement is terminated, the Authority shall have the right but not the obligation to purchase from Developer all plans, drawings, studies and related documentsconcerning the Project within Developer's possession and control, without representation or warranty. The purchase price for all or any part of such materials shall be their cost to Developer, less amounts already disbursed to the Developer from the City HOME Loan proceedsfor such purposes.
Plans and Data. If this Agreement is terminated, pursuant to the exercise of the City's rights under the Assignment of Plans, Reports and Data, Developer shall deliver to the City any and all plans, drawings, studies and related documents concerning the Development within Developer's possession and control, without representation or warranty. Upon delivery to the City, the City shall have the right to use such materials as it deems necessary and appropriate to fulfill the purposes of this Agreement without obligation to Developer.
Plans and Data. If the City terminates this Agreement under Section 10.2(a) or causes the assignment of the right to develop under Section 10.2(f) before Completion of Construction of all the Infrastructure, Developer shall deliver to the City, without any representations or warranties as to accuracy or completeness or the City’s right to rely thereon and without any liability to Developer therefor, copies of any and all documents, studies, reports, cost estimates, plans, and specifications in the possession of or, to the extent reasonably available to Developer, prepared for Developer or the City for the development within 30 days after demand or notice from the City.
Plans and Data. If the City terminates this Agreement under Section 10.2(a) or causes the assignment of the right to develop under Section 10.2(e) before Completion of Construction of all the Improvements, Xxxxxxx shall deliver to the City, without any representations or warranties as to accuracy or completeness or the City’s right to rely thereon and without any liability to Xxxxxxx therefor, copies of any and all documents, studies, reports, cost estimates, plans, and specifications in the possession of or, to the extent reasonably available to Xxxxxxx, prepared for Xxxxxxx or the City for the redevelopment within 30 days after demand or notice from the City.
Plans and Data. If this Agreement is terminated for any reason, then Developer shall deliver to the WRSA, without cost or expense to the WRSA, copies of any and all maps, architecture, engineering, subdivision approvals, permits, entitlements, rights, contracts, plans, drawings, studies, designs, reports, surveys, and data pertaining to the Project and its development (collectively, “Site Designs”) which are in the possession of Developer.
Plans and Data. If the Developer does not proceed with the purchase and development of the Site or applicable portion thereof, and this Agreement is terminated pursuant to Section 10.2 or 10.4, immediately upon such termination the Developer shall deliver to the Agency any and all nonproprietary plans and data which it can legally provide to the Agency for its use concerning the Site, and the Agency or any other person or entity designated by the Agency shall be free to use such plans and data, including plans and data previously delivered to the Agency, for any reason whatsoever without cost or liability therefor to the Developer or any other person. Such plans and data shall be delivered without any representation or warranty as to completeness or accuracy and shall not be relied upon for any purpose whatsoever.
