The Developer. (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act or under any similar federal or State law;
(ii) the Developer institutes voluntary proceedings in bankruptcy,
The Developer. 20.1. The Purchaser acknowledges that the Seller has nominated and appointed the Developer to attend to project management of the Proposed Development Scheme and the construction of all buildings and other related works in respect of the Proposed Development Scheme. The Developer will accordingly also be a Party to this Agreement.
20.2. The Developer warrants and agrees that it is registered as a home builder with the National Home Builders Registration Council as contemplated by the provisions of the Housing Consumers Protection Measures Act 95 of 1998.
The Developer. By its execution of this ENA, the Developer is not committing itself to acquire any land or agreeing to enter into a binding DDA. The parties recognize that the Developer must first conduct due diligence investigations and negotiate the terms of the DDA before exercising its decision to enter into such agreements, and Developer shall have no liability to the SRA or any other party if, after completing such due diligence investigations or having commenced such negotiations, the Developer does not elect to enter into a binding DDA.
The Developer. The Developer shall undertake the following:- Providing the funding required for the implementation of the Project and amounting to the total sum of Kenya Shillings [STATE THE AMOUNT IN WORDS] (KShs [AMOUNT IN FIGURES]/=); Procurement of the requisite change of user (if required) and development approvals and permits including NCA and NEMA Licences; Undertaking construction and development works; Hiring the Contractor for the Project; Hiring, firing and remuneration of casual labourers and sub-contractors; Marketing and sales of its assigned units; Procurement of constructions materials; Keeping proper project records including accounting records and minutes of meetings; Xxxxxxx of the project site and office; and Paying any withholding taxes payable on the Contractor, Sub-Contractors and Consultants. Project conception and design; Project Management Services; To finance the incorporation of the SPV; and Procurement of finishing materials.
The Developer. 2.4.1. Sub-Clause 4.1 The Developer’s General Obligations
The Developer. EXPRESSLY AGREES TO FULLY AND COMPLETELY DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY, AND ITS OFFICERS, AGENTS AND EMPLOYEES, AGAINST ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, JUDGMENTS, COSTS, AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM, DAMAGES OR LIABILITY FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY ANY NEGLIGENT, GROSSLY NEGLIGENT, WRONGFUL, OR STRICTLY LIABLE ACT OR OMISSION OF THE DEVELOPER OR ITS AGENTS, EMPLOYEES, OR CONTRACTORS, ARISING OUT OF THE DEVELOPER’S PERFORMANCE OF AND OBLIGATIONS UNDER THIS AGREEMENT INVOLVING THE DEMOLITION OF IMPROVEMENTS. Nothing in this paragraph may be construed as waiving any governmental immunity available to the City under state law. This provision is solely for the benefit of the Developer and the City and is not intended to create or grant any rights, contractual or otherwise, in or to any other person.
The Developer. Signed by authorised person: ........................................................................................................................................
The Developer. The Developer is the party who contracts with Wal-Mart to either build the entire Wal-Mart sitework and building or just the sitework to within five feet of the Wal-Mart building.
The Developer. 17.1.1 grants to the Council an irrevocable, royalty-free licence to use and reproduce the Design Documents prepared by or in which the Developer has copyright and which relate to the SW2 Enterprise Centre Development16; and
17.1.2 waives all moral rights to them under the Copyright, Design and Patents Act 1988.
The Developer. The Developer is Greystar GPII, LLC, a Delaware limited liability company. The principal office of the Developer is located at Xxx Xxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxxxxxxx, XX 00000. Wherever the term “Developer” is used herein, such term shall include any permitted nominee, assignee or successor in interest as herein provided. The qualifications and identity of the Developer are of particular concern to the City, and it is because of such qualifications and identity that the City has entered into this Agreement with the Developer. No voluntary or involuntary successor in interest of the Developer shall acquire any rights or powers under this Agreement except as expressly set forth herein. This Agreement may be terminated by the City pursuant to Section 406.2 hereof if there is any significant change (voluntary or involuntary) in the management or control of the Developer, except as expressly set forth herein. Notwithstanding any provision herein to the contrary, the Developer (or any permitted assignee of Developer hereunder) may, without the necessity of any consent by the City (and without any right of termination of this Agreement by the City), (i) assign this Agreement and the rights and obligations of the Developer hereunder, or transfer the management or control of the Developer, to any Affiliate of the Developer (as hereafter defined); and (ii) assign this Agreement, for purposes of security, to any bank, financial institution or other lender in connection with any loan to the Developer or any Affiliate of the Developer (with such assignment in form and substance acceptable to such lender). Upon any such assignment or transfer, the Developer shall promptly provide to the City written notice of the name and contact information for such assignee or transferee. Any other assignment of this Agreement or any rights or obligations of the Developer hereunder, or any other transfer of the management or control of the Developer, shall require the prior written consent of the City. Upon any assignment by the Developer in accordance with the preceding provisions of this Section 103, the assignor shall be relieved of any obligations under this Agreement that first accrue after the effective date of such assignment. As used herein, an “Affiliate of the Developer” shall mean (i) any member or manager of the Developer; (ii) any entity in which the Developer or any member or manager of the Developer is the manager; or (iii) any entity that directly or indirectly c...
