Common use of Pursuant to S Clause in Contracts

Pursuant to S. C. Code Xxx. § 6-31-90, the County shall review the Project and this Agreement at least once every twelve (12) months, at which time the Developer shall demonstrate good-faith compliance with the terms of this Agreement. If, as a result of its periodic review or at any other time, the County finds and determines that the Developer has committed a Material Breach of the terms or conditions of this Agreement, the County shall serve notice in writing upon the Developer setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the Developer a reasonable time of not less than thirty (30) days in which to cure or initiate a process or plan to cure the Material Breach. If the Developer has initiated a process or plan to cure the breach within thirty (30) days of notice of the breach, is using good faith efforts to cure the breach, and requires additional time to cure, the Developer shall request an extension in writing, and County shall not unreasonably condition or deny the request. If the Developer fails to cure any Material Breach, then the County Council may unilaterally terminate or modify this entire Agreement. If a Developer fails to cure any non- Material Breach as to any portion of the Real Property within a commercially reasonable time, then the County Council may unilaterally terminate or modify this Agreement with respect to only that portion of the Real Property for which the non-Material Breach occurred.

Pursuant to S. C. Code Xxx. § 6-31-90, the County Town shall review the Project and this Agreement at least once every twelve (12) months, at which time the Developer Property Owner shall demonstrate good-faith compliance with the terms of this Agreement. If, as a result of its periodic review or at any other time, the County Town finds and determines that the Developer Property Owner has committed a Material Breach material breach of the terms or conditions of this Agreement, the County Town shall serve notice in writing upon the Developer Property Owner setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the Developer Property Owner a reasonable time of not less than thirty (30) days in which to cure or initiate a process or plan to cure the Material Breachmaterial breach. If the Developer Property Owner has initiated a process or plan to cure the breach within thirty (30) days of notice of the breach, is using good faith efforts to cure the breach, and requires additional time to cure, the Developer Property Owner shall request an extension in writing, and County Town shall not unreasonably condition or deny the request. If the Developer Property Owner fails to cure any Material Breach, then the County Town Council may unilaterally terminate or modify this entire Agreement. If a Developer Property Owner fails to cure any non- non-Material Breach as to any portion of the Real Property within a commercially reasonable time, then the County Town Council may unilaterally terminate or modify this Agreement with respect to only that portion of the Real Property for which the non-Material Breach occurred.

Pursuant to S. C. Code Xxx. § 6-31-90, the County Town shall review the Project and this Agreement at least once every twelve (12) months, at which time the Developer Property Owner shall demonstrate good-faith compliance with the terms of this Agreement. If, as a result of its periodic review or at any other time, the County Town finds and determines that the Developer Property Owner has committed a Material Breach material breach of the terms or conditions of this Agreement, the County Town shall serve notice in writing upon the Developer Property Owner setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the Developer Property Owner a reasonable time of not less than thirty (30) days in which to cure or initiate a process or plan to cure the Material Breachmaterial breach. If the Developer Property Owner has initiated a process or plan to cure the breach within thirty (30) days of notice of the breach, is using good faith efforts to cure the breach, and requires additional time to cure, the Developer Property Owner shall request an extension in writing, and County Town shall not unreasonably condition or deny the request. If the Developer Property Owner fails to cure any Material Breach, then the County Town Council may unilaterally terminate or modify this entire Agreement. If a Developer Property Owner fails to cure any non- Material Breach as to any portion of the Real Property within a commercially reasonable time, then the County Town Council may unilaterally terminate or modify this Agreement with respect to only that portion of the Real Property for which the non-Material Breach occurred.