Remedies for Developer Default Sample Clauses

Remedies for Developer Default. At any time as of which a Developer Default exists, the City at its option, may, but shall not be obligated to, exercise any one or more of the following remedies:
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Remedies for Developer Default. If an Event of Default occurs, City shall have all cumulative rights and remedies under law or in equity, including but not limited to the following:
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Remedies for Developer Default. Upon an uncured event of default by any Developer prior to the Definitive Agreements Date, the District may terminate the Restated Agreement with respect to all Components (except with respect to any Developer who timely executed a DDA and for whom this Restated Agreement has been terminated pursuant to Section 2.2) and retain the Performance Deposit pursuant to Section 7 except as otherwise expressly set forth herein. The Parties acknowledge and agree that the District’s sole and exclusive remedy for a Developer default (other than termination of the Restated Agreement) shall be the retention of the Performance Deposit as liquidated damages. The Parties agree that the payment of the Performance Deposit by Developer, together with all accrued interest, is not intended as a forfeiture or penalty within the meaning of California Civil Code Section 3275 or Section 3369, but rather is a reasonable estimate of the District’s damages in the event the Restated Agreement terminates due to a Developer default during such period of time. The terms of this Section 14.1.4 shall survive the termination or expiration of the Restated Agreement. By placing its initials below, each Party specifically confirms the terms of this Section 14.1.4 and the fact that each Party was represented by counsel who explained the consequences of this liquidated damages provision. District: Developer:
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Remedies for Developer Default. Subject to the requirement of written notice and Developer’s right to provide proof of no default or an opportunity to cure as set forth in 5.06(d) above, upon default by the Developer as provided above, the City shall have the following specific remedies, which remedies are in addition to any general remedies available in law or equity and which shall be cumulative and not exclusive: 1) withhold permits, inspections, review of plans and other approvals for the Project until the default is cured; 2) issue a cease and desist order requiring all construction to stop until a specific default is cured; or 3) withhold payments due the Developer until a specific default is cured, including the filing of a mechanics lien claim against the property or against the funds owed to the Developer by the City; 4) terminate the Agreement due to default and the filing of bankruptcy by Developer, involuntary bankruptcy or any involuntary assignment for the benefit of creditors, any declaration of insolvency or the filing of foreclosure against the property by a mortgagee after notice and sixty (60) days to cure the breach; 5) if the Project is not completed, demand and obtain title to the Redevelopment Site and access the performance surety to complete the project; or 6) increase the levy of the SSA tax or access the Post- Construction Security as provided in Section 5.05. In addition to the forgoing, all remedies applicable in law or in equity for breach of contract shall be available to the City, which remedies shall be cumulative.
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Remedies for Developer Default. The occurrence of any Developer Default, either at the option of the City or automatically where so specified, shall give the City the right to the following:
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Remedies for Developer Default. If any Default occurs and continues beyond any applicable notice and cure periods, the County may declare a default under this Agreement by providing written notice of such Default to the Developer. Except for Defaults under Section 5.01(a) and Section 5.01(b), if within 30 days of such notice, the Default has not been cured, then the County may terminate this Agreement. If (a) such default is not reasonably capable of being cured within such 30-day period, and (b) Developer promptly shall have commenced curative procedures and thereafter diligently shall prosecute the same to a timely completion, then such cure period shall be extended for such additional period of time as reasonably necessary to cure the same. Upon any termination of this Agreement as provided in this Section, all Refund amounts then held by the escrow agent pursuant to the Escrow Agreement shall be released and returned to the County subject to escrow agent making any disbursement to Developer required thereunder arising out of the satisfaction of applicable Conditions prior to the occurrence of such Default. All payments past due under this Agreement shall be considered a lien against the Property. For the purposes of clarity, the failure of the Developer to satisfy the Conditions (excluding Section 3.09(a)(viii)) shall not constitute a Default hereunder.
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Related to Remedies for Developer Default

  • 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 for Contractor Breach Pertaining to contract-related issues, it is the responsibility of both the Agency and the Contractor to communicate with each in as clear and complete a manner as possible. If at any time during the term of this contract the Agency or the Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that the Agency has the right to issue unilateral addendums to this contract, but the Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, the Agency shall retain the right to, if conditions warrant, require the Contractor to respond in a shorter period of time). Further, the Agency shall, at a minimum, employ the following steps in dealing with the Contractor as to any performance issues:

  • Breach and Remedies for Breach 14 10.1 Liquidated Damages Schedule and Schedule Amendments.

  • Exclusive Remedies Subject to Section 9.12, the parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from intentional fraud on the part of a party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in this ARTICLE VII. In furtherance of the foregoing, each party hereby waives, to the fullest extent permitted under the law, any and all rights, claims and causes of action for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against the other parties hereto and their affiliates and each of their respective representatives arising under or based upon any law, rule or regulation, except pursuant to the indemnification provisions set forth in this ARTICLE VII. Nothing in this Section 7.05 shall limit any person’s right to seek and obtain any equitable relief to which any person shall be entitled pursuant to Section 9.12 or to seek any remedy on account of any intentional fraud by any party hereto.

  • Termination for Default; Remedies 8.2.1 Each of the following shall constitute an immediate event of default (“Event of Default”) under this Agreement:

  • Default Remedies Termination A. [Sec. 400]

  • Remedies for Noncompliance If a Contractor fails to comply with Federal statutes, regulations or the terms and conditions of a Federal award, HUD or the City of Xxxxx may impose additional conditions, as described in 2 CFR 200.207 Specific Conditions. If HUD or the City of Xxxxx determines that noncompliance cannot be remedied by imposing additional conditions, HUD or the City of Xxxxx may take one or more of the following actions, as appropriate in the circumstances:

  • Remedies for Non-Compliance The Recipient agrees that if FTA determines that the Recipient or a Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 C.F.R. part 655, the Federal Transit Administrator may bar that Recipient or Third Party Participant from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive.

  • BREACH; REMEDIES Notwithstanding anything to the contrary in this Agreement, the Participant agrees and acknowledges that the breach of this Section would cause substantial loss to the goodwill of the Company and/or its Affiliates, and cause irreparable harm for which there is no adequate remedy at law. Further, because the Participant’s employment with the Employer is personal and unique, because damages alone would not be an adequate remedy and because of the Participant’s access to the Confidential Information, the Company and/or its Affiliates shall have the right to enforce this Section, including any of its provisions, by injunction, specific performance, or other equitable relief, without having to post bond or prove actual damages, and without prejudice to any other rights and remedies that the Company and/or its Affiliates may have for a breach of this Section, including, without limitation, money damages. The Participant agrees and acknowledges that notwithstanding the arbitration provisions in this Agreement, the Company may elect to file and pursue claims which arise from or relate to the Participant’s actual or threatened breaches of this Section in state or federal court of competent jurisdiction. The Participant shall be liable to pay all costs, including reasonable attorneys’ and experts’ fees and expenses, that the Company and/or its Affiliates may incur in enforcing or defending this Section, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Company and/or its Affiliates where the Company and/or its Affiliates succeed in enforcing any provision of this Section.

  • Remedies on Default Whenever an Event of Default shall have happened and be subsisting, either or both of the following remedial steps may be taken:

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