Processing During Third Party Litigation. The filing of any third party lawsuit(s) against the City or Developer relating to this Agreement, the Project Approvals, the Subsequent Project Approvals, or other development issues affecting the Project or the Project Site, shall not delay or stop the development, processing or construction of the Project or the issuance of Subsequent Project Approvals unless the third party obtains a court order preventing the activity.
Processing During Third Party Litigation. If any third party lawsuit is filed against the City or Developer relating to this Agreement or to other development issues affecting the Property, the City shall not delay or stop the development, processing or construction of the Property, or issuance of the City Technical Permits, unless the third party obtains a court order preventing the activity. The City shall not stipulate to or fail to oppose the issuance of any such order. Notwithstanding the foregoing and without prejudice to the provisions of Section 15.8(c), after service on the City or Developer of the initial petition or complaint challenging this Agreement or the Project, the Developer may apply to the Planning Director for a tolling of the applicable deadlines for Developer to otherwise comply with this Agreement. Within 40 days after receiving such an application, the Planning Director shall either toll the time period for up to five years during the pendency of the litigation or deny the requested tolling.
Processing During Third Party Litigation. If any third party lawsuit is filed against the City or Developer relating to this Agreement or to other development issues affecting the Property, the City shall not delay or stop the development, processing or construction of the Property, or issuance of the City Technical Permits, unless the third party obtains a court order preventing the activity. Notwithstanding the foregoing and without prejudice to the provisions of Section 15.8(c), after service on the City or Developer of the initial petition or complaint challenging this Agreement or the Project, the Developer may apply to the Planning Director for a tolling of the applicable deadlines for Developer to otherwise comply with this Agreement. Within 40 days after receiving such an application, the Planning Director shall either toll the time period for up to five years during the pendency of the litigation or deny the requested tolling.
Processing During Third Party Litigation. If any third party lawsuit is filed against the City or Developer relating to this Agreement or to other development issues affecting the Property, the City shall not delay or stop the development, processing or construction of the Property, or issuance of the City Technical Permits, unless the third party obtains a court order preventing the activity. The City shall not stipulate to or fail to oppose the issuance of any such order. Notwithstanding the foregoing and without prejudice to the provisions of
Processing During Third Party Litigation. If any third-party lawsuit is filed against the City or Developer relating to this Agreement or to other development issues affecting the Property or 711 Colorado, the City shall not delay or stop the development, processing or construction of the Property or 711 Colorado, or issuance of the City Technical Permits, unless the third party obtains a court order preventing the activity. The City shall not stipulate to or fail to oppose the issuance of any such order. Notwithstanding the foregoing and without prejudice to the provisions of Section 15.8(c), after service on the City or Developer of the initial petition or complaint challenging this Agreement or the Project and/or the 100% Affordable Senior Housing Project, the Developer may apply to the Planning Director for a tolling of the applicable deadlines for Developer to otherwise comply with this Agreement. Within 40 days after receiving such an application, the Planning Director shall either toll the time period for up to five years during the pendency of the litigation or deny the requested tolling.
Processing During Third Party Litigation. If any third party lawsuit is filed against the City or MINI of Santa Xxxxxx relating to this Agreement or to other development issues affecting the Property, the City shall not delay or stop the development, processing or construction of the Property, or issuance of the City Technical Permits, unless the third party obtains a court order preventing the activity. The City shall not stipulate to or fail to oppose the issuance of any such order. Notwithstanding the foregoing and without prejudice to the provisions of Section 15.8(c), after service on the City or MINI of Santa Xxxxxx of the initial petition or complaint challenging this Agreement or the Project, the MINI of Santa Xxxxxx xxx apply to the Planning Director for a tolling of the applicable deadlines for MINI of Santa Xxxxxx to otherwise comply with this Agreement. Within 40 days after receiving such an application, the Planning Director shall either toll the time period for up to five years during the pendency of the litigation or deny the requested tolling.
Processing During Third Party Litigation. In the event of the filing of any third party lawsuit(s) against City or Developer relating to the EIR, this Agreement or other development issues affecting the Project, the City shall not delay or stop the development, processing or construction of the Project, approval of future approvals, or issuance of City Technical Permits, unless the third party obtains a court order preventing the activity. The City shall not stipulate or fail to oppose the issuance of any such order.
Processing During Third Party Litigation. The filing of any Third Party lawsuit(s) against the Town, Cou2n2ty0,7SHS, and/or any SHS-Successor relating to this Agreement or to other Development Approva2l2s 0o8r State or federal permits, approvals, Certificate(s) of Need, or other Development issues af2f2ec0t9ing all or any portion of the Property, or the filing of any petition for judicial review or any22a1d0ministrative or judicial appeal regarding any such matter shall not hinder, delay or stop th2e21D1evelopment, processing or construction of the Project, approval of the Subsequent Developm2e2n1t 2Approvals, or issuance of ministerial permits or approvals, unless: (i) the Third Party obtains22a1c3ourt order preventing the activity, or (ii) the Town or County is stayed from taking action in f2u2r1th4erance of an application by operation of statute. If SHS or any SHS- Successor elects to pro2c2e1e5d with Development during the pendency of such litigation, review, or appeal, it does so at it2s 2o1w6n risk and agrees to indemnify the Town and County with respect to claims, losses, or expe2n2s1es7 of the Town or County, including the cost of infrastructure provided by the Town or County2,2i1n8curred in reliance upon and directly related to such election to proceed with Development dur2in2g19the pendency of litigation or any such review of appeal, including the cost to remov2e2a2n0y such infrastructure and restore the Property to its previous condition.
Processing During Third Party Litigation. If any third party lawsuit is filed against the City or School relating to this Agreement or to other development issues affecting the Property, the City shall not delay or stop the development, processing or construction of the Property, or issuance of the City Technical Permits, unless the third party obtains a court order preventing the activity. The City shall not stipulate to or fail to oppose the issuance of any such order. Notwithstanding the foregoing and without prejudice to the provisions of Section 15.8(c), after service on the City or School of the initial petition or complaint challenging this Agreement or the Project, the School may apply to the Planning Director for a tolling of the applicable deadlines for School to otherwise comply with this Agreement. Within 40 days after receiving such an application, the Planning Director shall either toll the time period for up to five years during the pendency of the litigation or deny the requested tolling.
Processing During Third Party Litigation. If any third party lawsuit is filed against the City or any Developer relating to this Agreement or to other development issues affecting the Property, or any portion thereof, the City shall not delay or stop the development, processing or construction of the Property or such portion thereof, or issuance of the Technical City Permits, unless the third party obtains a court order preventing the activity. The City shall not stipulate to or fail to oppose the issuance of any such order unless requested in writing to do so by such Developer. Notwithstanding the foregoing and without prejudice to the provisions of Section 15.8.1(c), after service on the City or Developer of the initial petition or complaint challenging this Agreement or the Project, or any portion thereof, Developer may apply to the Planning Director for a tolling of the applicable deadlines for Developer to otherwise comply with this Agreement. Within 40 days after receiving such an application, the Planning Director shall, in writing and in his or her sole discretion, either toll the time period for compliance with the applicable deadlines during the pendency of the litigation, not to exceed five years, or deny the requested tolling.
