Common use of Remedy for Exceeding AVR Target Clause in Contracts

Remedy for Exceeding AVR Target. If the AVR Target has not been achieved, then the Developer shall pay the City the Compliance Penalty required by Section 2.8.6(h) of this Agreement and submit modifications to the TDM Plan that are designed to achieve the AVR Target by the date of the next annual report to the City. Developer shall submit modifications to the TDM Plan to the City for approval within 60 days of the submission of the annual report showing non-compliance, with such approval not be unreasonably withheld, conditioned or delayed. In addition, during this 60-day period, the City may recommend modifications to the TDM Plan. Any of the modifications to the TDM Plan proposed by Xxxxxxxxx and approved by the City (or proposed by the City and agreed to by the Developer) to help the Project achieve the AVR Target shall be implemented within 30 days upon approval of the TDM Plan modifications.

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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Remedy for Exceeding AVR Target. If the AVR Target has not been achieved, achieved then the Developer shall pay the City the Compliance Penalty required by Section 2.8.6(h2.7.7(h) of this Agreement and submit modifications to the TDM Plan that are designed to achieve the AVR Target by the date of the next annual report to the City. Developer shall submit modifications to the TDM Plan to the City for approval within 60 days of the submission of the annual report showing non-compliance, with such approval not be unreasonably withheld, conditioned or delayed. In addition, during this 60-day period, the City may recommend modifications to the TDM Plan. Any of the modifications to the TDM Plan proposed by Xxxxxxxxx and approved by the City (or proposed by the City and agreed to by the Developer) to help the Project achieve the AVR Target shall be implemented within 30 days upon approval of the TDM Plan modifications.

Appears in 1 contract

Samples: Development Agreement

Remedy for Exceeding AVR Target. If the AVR Target has not been achieved, achieved then the Developer shall pay the City the Compliance Penalty required by Section 2.8.6(h2.7.8(h) of this Agreement and submit modifications to the TDM Plan that are designed to achieve the AVR Target by the date of the next annual report to the City. Developer shall submit modifications to the TDM Plan to the City for approval within 60 days of the submission of the annual report showing non-compliancereport, with such approval not be unreasonably withheld, conditioned or delayed. In addition, during this 60-day period, the City may recommend modifications to the TDM Plan. Any of the modifications to the TDM Plan proposed by Xxxxxxxxx and approved by the City (or proposed by the City and agreed to by the Developer) to help the Project achieve the AVR Target shall be implemented within 30 days upon approval of the TDM Plan modifications.

Appears in 1 contract

Samples: Development Agreement

Remedy for Exceeding AVR Target. If the AVR Target has not been achieved, achieved then the Developer shall pay the City the Compliance Penalty required by Section 2.8.6(h2.7.8(h) of this Agreement and submit modifications to the TDM Plan that are designed to achieve the AVR Target by the date of the next annual report to the City. Developer shall submit modifications to the TDM Plan to the City for approval within 60 days of the submission of the annual report showing non-compliance, with such approval not be unreasonably withheld, conditioned or delayed. In addition, during this 60-day period, the City may recommend modifications to the TDM Plan. Any of the modifications to the TDM Plan proposed by Xxxxxxxxx and approved by the City (or proposed by the City and agreed to by the Developer) to help the Project achieve the AVR Target shall be implemented within 30 days upon approval of the TDM Plan modifications.

Appears in 1 contract

Samples: Development Agreement

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Remedy for Exceeding AVR Target. If the AVR Target has not been achieved, achieved then the Developer shall pay the City the Compliance Penalty required by Section 2.8.6(h) of this Agreement and submit modifications to the TDM Plan that are designed to achieve the AVR Target by the date of the next annual report to the City. Developer shall submit modifications to the TDM Plan to the City for approval within 60 days of the submission of the annual report showing non-compliance, with such approval not be unreasonably withheld, conditioned or delayed. In addition, during this 60-day period, the City may recommend modifications to the TDM Plan. Any of the modifications to the TDM Plan proposed by Xxxxxxxxx and approved by the City (or proposed by the City and agreed to by the Developer) designed to help the Project achieve the AVR Target shall be implemented within 30 days upon approval of the TDM Plan modifications.

Appears in 1 contract

Samples: Development Agreement

Remedy for Exceeding AVR Target. If the AVR Target has not been achieved, achieved then the Developer shall pay the City the Compliance Penalty required by Section 2.8.6(h2.8.7(h) of this Agreement and submit modifications to the TDM Plan that are designed to achieve the AVR Target by the date of the next annual report to the City. Developer shall submit modifications to the TDM Plan to the City for approval within 60 days of the submission of the annual report showing non-compliance, with such approval not be unreasonably withheld, conditioned or delayed. In addition, during this 60-day period, the City may recommend modifications to the TDM Plan. Any of the modifications to the TDM Plan proposed by Xxxxxxxxx and approved by the City (or proposed by the City and agreed to by the Developer) designed to help the Project achieve the AVR Target shall be implemented within 30 days upon approval of the TDM Plan modifications.

Appears in 1 contract

Samples: Development Agreement

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