Rights of Developer. In terms of the Development Agreement, the Developer has become entitled to sell, transfer, encumber or otherwise alienate or dispose off all the Flats and Parking Spaces in the Said Cluster and to appropriate the entire consideration therefor.
Rights of Developer. The provisions in this Section 12 shall not be deemed to prohibit or otherwise restrict Developer from (i) granting easements or licenses to facilitate development of the Project Site, (ii) encumbering the Project Site or any portion of the improvements thereon by any Mortgage, (iii) granting an occupancy leasehold interest in portions of the Project Site, (iv) entering into a joint venture agreement or similar partnership agreement to fulfill its obligations under this Agreement, or (v) transferring all or a portion of the Project Site pursuant to a foreclosure, conveyance in lieu of foreclosure, or other remedial action in connection with a Mortgage.
Rights of Developer. Notwithstanding anything elsewhere to the contrary herein contained, it is expressly agreed and understood by and between the parties hereto as follows:
Rights of Developer. The provisions in this Section 11 shall not be deemed to prohibit or otherwise restrict Developer from (i) granting easements or licenses to facilitate development of the Project Site, (ii) encumbering the Project Site or any portion of the improvements thereon by any mortgage, deed of trust, or other device securing financing with respect to the Project Site or Project, (iii) granting a leasehold interest in portions of the Project Site in which persons or entities so granted will reside or will operate, (iv) entering into a joint venture agreement or similar partnership agreement to fulfill its obligations under this Agreement, provided that Developer retains control of such joint venture or partnership and provided none of the foregoing will affect or limit Developer’s obligations or liabilities under this Agreement, (v) upon completion of a building, selling a fee interest in a condominium unit (excluding the Replacement Units, which shall all remain under common ownership as set forth above), or (vi) transferring all or a portion of the Project Site pursuant to a foreclosure, conveyance in lieu of foreclosure, or other remedial action in connection with a mortgage; provided with respect to items (i) through (iii) above, Developer shall not grant any such easements or licenses, allow encumbrances, or grant leasehold interests over real property intended for conveyance to the City in accordance with the Parkmerced Plan Documents without the City’s prior written consent unless such interests or encumbrances can be and in fact are terminated by Developer before conveyance to the City. None of the terms, covenants, conditions, or restrictions of this Agreement or the Basic Approvals or Implementing Approvals shall be deemed waived by City by reason of the rights given to Developer pursuant to this Section 11.2. Developer shall Indemnify the City from and against all Losses arising out of or connected with contracts or agreements entered into by Developer in connection with its performance under this Agreement, including any Assignment and Assumption Agreement and any dispute between parties relating to who is responsible for performing certain obligations under this Agreement.
Rights of Developer. 10.1 The Developer shall have the right to grant to person the exclusive right to park their car or scoter or two xxxxxxx or otherwise use and enjoy for any other purposes, the said side and back open spaces of the building or the premises and also to use and occupy the area (save and except the common utility portion ) as a covered spaces in the ground floor of the building (including Car Parking spaces not expressly provided for to the Purchaser under this Agreement) in such manner as the Developer shall in their absolute discretion think fit and proper for which the Purchaser shall not object the same and hereby consented to for the same.
Rights of Developer. 1. The CITY, the COUNTY, and the ZONE agree and acknowledge that DEVELOPER is making the commitments identified herein in reliance on the commitments made by the CITY and the COUNTY to: (a) timely contribute their respective Tax Increment Payments to the Tax Increment Fund as they become due in accordance with and subject to the terms of this Agreement; (b) timely contribute their respective Additional Pledge to the Tax Increment Fund as they become due in accordance with and subject to the terms of this Agreement; and (c) on the commitment of the ZONE to comply with the Original Project and Finance Plan and Supplemental Project and Finance Plan and properly and timely (within 30 days of approval if funds are available) process payments and reimbursements for proper work completed by the DEVELOPER and/or its successors, assigns, contractors or subcontractors.
Rights of Developer. Developer has reserved certain rights in the Unit Sales Agreement, the Declaration, and the Bylaws. Under the Unit Sales Agreements, these rights include the right to substitute materials of equal quality and the right to make such changes or modifications in the details of the plans and specifications of the unit and project as Developer, in Developer's sole opinion, deems appropriate. In the event of a variation, change or modification that materially and adversely reduces the value of the unit, the purchaser will have the right to terminate the Agreement by notice to Developer and the escrow agent given not later than the earlier of (a) within 10 days after notice of the change was given to the purchaser, or (b) at the time of the purchaser's inspection and acceptance of the unit. In the event of such termination, the purchaser's sole remedy will be the return of the xxxxxxx money the purchaser previously paid to the escrow agent, plus any interest earned on such amount. If the purchaser fails to terminate the Agreement within such period, the purchaser will be deemed to have accepted such changes and modifications. The Unit Sales Agreement will not be affected by minor variations in unit size or by modifications to the design, pan or appearance of other units within the Condominium. Developer has reserved the right to revise or amend the Declaration, Bylaws, and Escrow Agreement to the extent that reasonable changes may be required by governmental authorities, lenders or title insurance companies or that any changes may be required to conform to or utilize the provisions of the Oregon Condominium Act or applicable federal or state law, FannieMae guidelines or FannieMae, Federal Housing Authority or Veterans Affairs regulations, or any amendments or revisions thereto. Any other changes to such documents that materially and adversely affect the purchaser will require the purchaser's consent. If the purchaser does not object to the change within 10 days after notice, the purchaser will be deemed to have approved the change. If the purchaser does object in writing within the 10-day period, Developer may terminate the purchase agreement, in which case the purchaser's xxxxxxx money, together with any interest earned on such funds, will be refunded. Developer has reserved the right to adopt, on behalf of all unit buyers, the initial Bylaws and administrative rules and regulations for the Association, to appoint an interim board of directors of the Association...
Rights of Developer. In addition to the rights which the Developer has by common law and pursuant to the Act, the Developer shall have the following rights:
Rights of Developer. Notwithstanding anything elsewhere to the contrary herein contained, it is expressly agreed and understood by and between the parties hereto as follows: • The Owner/Vendor/Promoter shall have the right to grant to any person the exclusive right to park cars or other vehicles in or at the parking spaces or otherwise use and enjoy for any other purposes, the side, front and back open spaces surrounding the New Building/s at the said Project and/or any portion of the Residential Complex and also the covered spaces in the ground floor of the New Building/s (including parking spaces) in such manner as the Owner/Vendor/Promoter shall in its absolute discretion think fit and proper. • The Owner/Vendor/Promoter will not entertain any request for modification in the internal layouts of the said Apartment. In case the Allottee(s) desires with prior written permission of the Owner/Vendor/Promoter to install some different fittings/floorings on his/her/their own within the said Apartment booked, he/she/they will not be entitled to any reimbursement or deduction in the value of the Apartment. For this purpose, in only those cases where the Allottee(s) has made full payment according to the terms of payment, at its sole discretion, the Owner/Vendor/Promoter may subject to receipt of full payment allow any Allottee(s) access to the said Apartment prior to the Possession Date for the purpose of interior decoration and/or furnishing works at the sole cost, risk and responsibility of such Allottee(s) provided that such access will be availed in accordance with such instructions of the Owner/Vendor/Promoter in writing and that the right of such access may be withdrawn by the Owner/Vendor/Promoter at any time without assigning any reasons. • The Owner/Vendor/Promoter reserves unto itself the exclusive right to use and permit or permitted to be used any space in the Common Parts, Portions of the Residential Complex for the purpose of exhibiting any neon sign board, signage or otherwise in / upon the open spaces in the Residential Complex. • The Owner/Vendor/Promoter shall be entitled to all future vertical and horizontal exploitation of the said Building and/or the said Project and/or the Residential Complex or by way of further construction thereat by way of additional construction or otherwise. • The proportionate share of the Allottee(s) in various matters referred herein shall be such as may be determined by the Owner/Vendor/ Promoter and the Allottee(s) shall accept the s...
Rights of Developer. Pursuant to the Said Development Agreement and the powers granted therefor, the Developer has the absolute and unhindered right to construct the Said Complex on the Said Property and has also the right to sell areas and spaces to the Intending Buyers within the Said Complex.
