Common use of Remedies for Violations of this Agreement Clause in Contracts

Remedies for Violations of this Agreement. If the Owner shall fail to satisfactorily maintain or repair the SCM as set forth above, or otherwise violates this Agreement, the Town may order the Owner to undertake necessary actions to correct such violation. If the Owner fails to comply with such order within (30) days from the date thereof, the Town, in its sole discretion may enter the Property and perform all necessary work to place the SCM in proper working condition. The full cost of performing the work shall be a lien on the property as provided in G.S. 160A-193. In such event, the Town shall assess against Owner all of its related costs and expenses (including but not limited to employee time, materials and supplies, vehicle and equipment use, administrative expenses, plus all contract costs, if required for repairs, design or inspection) and the Owner hereby agrees to timely pay the same. Where the Owner is the sole owner of the development, if this total amount is not paid in full within three (3) months of the assessment, then such amount shall be a continuing lien on the Property. Where there is more than one owner of record of the Property, and if the total amount is not paid in full to the Town within three (3) months of the assessment, then each owner of record shall become personally liable for such owner’s proportionate share of the assessment. If the proportionate share of the assessment is not paid in full by each such owner within thirty

Appears in 7 contracts

Samples: Stormwater Wetland Operation & Maintenance Agreement, Dry Pond Operation & Maintenance Agreement, Wet Pond Operation & Maintenance Agreement

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