Procedure for Default by Developer Sample Clauses

Procedure for Default by Developer. If the County alleges that the Developer is in default under this Agreement, then after notice and expiration of the cure period described in paragraph 12.2, above, if the Developer has not cured the alleged default, County may institute legal proceedings against Developer pursuant to this Agreement or give owner written notice of intent to terminate or modify this Agreement pursuant to section 65868 of the California Government Code. Following notice of intent to terminate or modify as provided above, the matter shall be scheduled for consideration and review in the manner set forth in sections 65867 and 65868 of the Government Code within thirty (30) days following the date of delivery of such notice. Following consideration of the evidence presented in such review before the Board of Supervisors and a determination, on the basis of substantial evidence, by a majority vote of the Board of Supervisors that a default by Developer has occurred, County may (i) give written notice of termination of this Agreement to Owner, and this Agreement shall thereafter deemed terminated as of the date of delivery of that notice or (ii) propose a modification to the Agreement, which modification shall be adopted as provided in Section 11 of this Agreement if it is acceptable to all parties. Termination of this Agreement shall not render invalid any action taken by either party in good faith prior to the date on which the termination becomes effective. This paragraph shall not be interpreted to constitute a waiver of section 65865.1 of the California Government Code, but merely to provide the procedure by which the parties may take the actions set forth in such Section 65865.1.
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Procedure for Default by Developer. If Xxxxxxxxx is alleged to be in Default hereunder by City then, after notice and expiration of the cure period specified in Section 5.2.2 above, City may institute legal proceedings against the Developer pursuant to Section 5.2.1 of this Agreement, and/or give notice to Developer of City’s intent to terminate or modify this Agreement pursuant to California Government Code section 65865.1. Following notice of intent to terminate or modify this Agreement as provided above, the matter shall be scheduled for consideration and review at a duly noticed and conducted public hearing in the manner set forth in Government Code section 65865.1 by the City Council within thirty (30) calendar days following the date of delivery of such notice (the “Default Hearing”). Developer shall have the right to offer written and oral evidence prior to or at the time of said public hearings. If the City‌
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Procedure for Default by Developer. If City has a reasonable good faith belief that Developer is not complying with the terms of this PTPIII Project DA, then after notice and expiration of the cure period specified in Section 9(a) above, the City may give notice of intent to terminate or modify this PTPIII Project DA to Developer pursuant to California Government Code section 65868. Following notice of intent to terminate or modify this PTPIII Project DA as provided above, the matter shall be scheduled for consideration and review in the manner set forth in Government Code sections 65865, 65867 and 65868 by the City Council within sixty (60) calendar days following the date of delivery of such notice (the “Default Hearing”). Following the consideration of the evidence presented in such review before the City Council and a determination, on the basis of evidence in the record, by a majority vote of the City Council that a default by Developer has occurred, Developer shall have no further cure period rights and the City may immediately terminate this PTPIII Project DA by written notice to Developer. As provided in the Third Amendment, if City terminates this PTPIII Project DA, then the zoning for the PTPIII Property shall automatically revert back to the Master Development Plan zoning in effect as of the Reversion Date, as if this PTPIII Project DA, the Regulatory Agreement, the Purchase Agreement and the Third Amendment had never been executed. This Section shall not be interpreted to constitute a waiver of section 65865.1 of the Government Code, but merely to provide the procedure by which the Parties may take the actions set forth in section 65865.1.
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Related to Procedure for Default by Developer

  • Default by Developer If Developer causes either an Event of Monetary Default or an Event of Non-Monetary Default, then the City may commence proceedings to modify or terminate this Agreement pursuant to this Section 11.4.

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Master Contract are in addition to all other available remedies.

  • Remedies Upon an Event of Default If an Event of Default shall have occurred and shall be continuing, the Holder of this Note may at any time at its option (a) declare the entire unpaid principal balance of this Note, together with all interest accrued hereon, due and payable, and thereupon, the same shall be accelerated and so due and payable, without presentment, demand, protest, or notice, all of which are hereby expressly unconditionally and irrevocably waived by the Maker; provided, however, that upon the occurrence of an Event of Default described in (i) Sections 2.1 (l), (m) or (n), the outstanding principal balance and accrued interest hereunder shall be automatically due and payable and (ii) Sections 2.1 (c)-(k), demand the prepayment of this Note pursuant to Section 3.7 hereof, (b) demand that the principal amount of this Note then outstanding and all accrued and unpaid interest thereon shall be converted into shares of Common Stock at a conversion price per share calculated pursuant to Section 3.1 hereof assuming that the date that the Event of Default occurs is the Conversion Date (as defined in Section 3.1 hereof), or (c) exercise or otherwise enforce any one or more of the Holder's rights, powers, privileges, remedies and interests under this Note, the Purchase Agreement, the Registration Rights Agreement or applicable law. No course of delay on the part of the Holder shall operate as a waiver thereof or otherwise prejudice the right of the Holder. No remedy conferred hereby shall be exclusive of any other remedy referred to herein or now or hereafter available at law, in equity, by statute or otherwise.

  • Remedies Upon Event of Default If any Event of Default occurs and is continuing, the Administrative Agent shall, at the request of, or may, with the consent of, the Required Lenders, take any or all of the following actions:

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