Timing of Construction and Completion Sample Clauses

Timing of Construction and Completion. The Parties acknowledge and agree that Landowner cannot at this time predict when or the rate at which the Project will be constructed, that there is no requirement that Landowner initiates or completes construction of the Project within any particular period of time, that the City shall not impose such a requirement on any Subsequent Approval, and that Landowner may construct the Project, if at all, at the rate and time Landowner deems appropriate within the exercise of its reasonable business judgment, subject to City Applicable Law.
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Timing of Construction and Completion. Except as required by 12 Applicable Law, there is no requirement that Tamarack initiate or complete development 13 of The Expansion within any particular period of time, and the County shall not impose such a requirement on any Subsequent Action. Subject to the foregoing, the Parties agree that Tamarack shall be able to develop The Expansion in accordance with Tamarack's own 17 time schedule in light of market conditions, and that Tamarack shall determine the order in 18 which Phases of The Expansion shall be developed. Tamarack shall further have the right 19 to determine, at its sole discretion, to develop an element of a particular Phase before completion of a preceding Phase. For example, Tamarack may elect to seek an 22 Implementing Entitlement to construct Hotel or Lodge residential accommodations prior 23 to completion of Phase 1, or not until Phase 5 of The Expansion if it so chooses. 24 SECTION 5. COOPERATION-IMPLEMENTATION 25 5.1 Proposed Site Plan and Site Development Plan Process. 1 (a) Purpose. The planning and approval process for the development of 3 5 Conditions: (ii) Proposed Site Plan; (iii) Minor Amendment or Major Amendment (if 6 applicable); (iv) Approved Site Plan; (v) platting (if required); and (vi) Implementing 7 Entitlements (as applicable). 9 10 11 plan for The Expansion. It is anticipated that field conditions, market factors, 12 environmental constraints and opportunities, design considerations and other similar 13 factors will cause the development of The Expansion to change and be refined from time 15 16 17 Conditions, or the Development Agreement. Alternatively, the Proposed Site Plan may 18 propose a Minor or Major Amendment, as provided for in Sections 5.1(d) and 5.1(e) below.
Sample 1
Timing of Construction and Completion. Notwithstanding any provision of this Agreement to the contrary, there is no requirement that Developer initiate or complete development of the Subject Property or any particular phase of development of the Subject Property within any particular period of time, and County shall not impose such a requirement on any subsequent approval. The parties acknowledge that Developer cannot at this time predict when, or the rate at which or the order in which, phases will be developed. Such decisions depend upon numerous factors that are not within Developer's control, such as market orientation and demand, interest rates, competition, and other similar factors. In light of the foregoing, the parties agree that Developer shall be able to develop in accordance with Developer's own time schedule as such schedule may exist from time to time, for whatever reason, and that Developer shall determine the order in which portions of the Subject Property shall be developed. Without limiting of any of the foregoing, the parties specifically desire to avoid the consequences of the holding of the California Supreme Court in Xxxxxx Construction Co. v. County of Camarillo (1984) 37 Cal.3d 465, which held that the failure of the parties therein to consider and expressly provide for the timing of development resulted in a later- adopted initiative restricting the timing of development to prevail over such parties' agreement; consequently, the parties agree that Developer shall have the right to develop the Subject Property in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. Nothing in this Section 2.9 shall exempt Developer from completing work required by a subdivision agreement, road improvement agreement or similar agreement in accordance with the terms thereof.
Sample 1
Timing of Construction and Completion. The Parties acknowledge and agree that Developer cannot at this time predict exactly when or at what rate the Lodge Project will be developed. The Parties acknowledge that construction may be delayed by litigation, market factors, availability of financing, and other factors. In light of the foregoing, Developer’s vested rights under this Agreement include the right to develop the Lodge Project in such order, phases, sequence, rate, and time as Developer deems appropriate in the exercise of its discretion, subject to the terms, requirements, and conditions of this Agreement and the Disposition and Development Agreement.
Sample 1
Timing of Construction and Completion. The Parties acknowledge and agree that except for the obligations stated below in this Section 2.07 Landowner cannot at this time predict when or the rate at which the Project will be constructed, that there is no requirement that Landowner initiates or completes construction of the Project within any particular period of time, that the City shall not impose such a requirement on any Subsequent Approval, and that Landowner may construct the Project, if at all, at the rate and time Landowner deems appropriate within the exercise of its reasonable business judgment, subject to City Applicable Law. Notwithstanding the foregoing, the following obligations shall apply to any development of the Project: (a) If and when Landowner elects to demolish the existing parking structures located adjacent to South Broadway Street, Landowner shall use commercially reasonable efforts to commence such demolition on a date intended to allow Landowner to open replacement parking structures prior to the following November 20; and (b) If and when Landowner commences demolition as part of “Phase One” of the Project, as depicted in Exhibit F, Landowner shall be obligated to continue construction diligently until all work under Phase One is complete, with the exception of any expansion of the Macy’s department store building located on the Macy’s Property, and consistent with any conditions of approval and/or mitigation measures imposed by the City on the Project. Parties agree such obligation shall survive the termination or expiration of this Development Agreement. [The City and Macerich to develop a description and exhibit describing Phase One.]
Sample 1
Timing of Construction and Completion. The Parties acknowledge that Developer cannot, at this time, predict when or the rate at which the Project will be constructed. The Parties agree that there is no requirement that Developer commence or complete construction of the Project within any particular period of time during the Term of this Agreement. Therefore, notwithstanding anything to the contrary in County Ordinance Code sections 84-66.1406(1), 84-66.1602, and any other provisions of the County Code, County has ordained by adopting the ordinance approving this Agreement that Developer may commence construction at any time during the Term of this Agreement. The Parties acknowledge that construction may be delayed by litigation, market factors, or other reasons. In light of the foregoing, the Parties agree that Developer may construct the Project at the rate and time Developer deems appropriate within the exercise of its reasonable business judgment, subject to the terms of this Agreement.
Sample 1
Timing of Construction and Completion. The Parties acknowledge that Developer cannot, at this time, predict when, if or at what rate the Project will be‌ constructed. The Parties agree there is no requirement herein that Developer commence or complete construction of the Project at all or within any particular period of time during the Term. Therefore, notwithstanding anything to the contrary in the City’s Municipal Code, City has ordained by adopting the DA Ordinance that Developer may, in its sole discretion, commence construction at any time (or at no time) during the Term of this Agreement. The Parties acknowledge that construction may be delayed by litigation, by other public agencies’ approval process in connection with Subsequent Approvals, market factors, or other reasons, which may or may not be within Developer’s control. In light of the foregoing, the Parties agree that Developer may construct the Project (if at all) at the rate and time Developer deems appropriate within the exercise of its sole subjective business judgment, subject only to the provisions of this Agreement and other Project Approvals, as and when they are granted and become effective.
Sample 1
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Timing of Construction and Completion. The Parties acknowledge that it is not now possible to predict when, or the rate at which, or the order in which, the Property or any portion of the Property will be developed. Such decisions depend upon numerous factors not within the control of Owner, including market orientation and demand, interest rates, general economic conditions, competition, employment rates and other similar factors. Owner may develop or not develop the Property in accordance with the Project Plans in such order, at such rate and at such times, as Owner deems appropriate within the exercise of its subjective and independent discretion, and Owner shall determine the part of the Property to develop first. Owner shall not be required to initiate, pursue or complete development of the Property or any portion of the Property within the Term or any other
Sample 1
Timing of Construction and Completion. Except as provided in a Site Development Plan approved pursuant to Section 5.1 below or Applicable Law, there is no requirement that Trendwest initiate or complete development of MountainStar within any particular period of time, and the County shall not impose such a requirement on any Subsequent Action. Subject to the foregoing, the Parties agree that Trendwest shall be able to develop MountainStar in accordance with Trendwest’s own time schedule in light of market conditions, and that Trendwest shall determine the order in which Phases of MountainStar shall be developed.
Sample 1

Related to Timing of Construction and Completion

  • Interpretation and Construction When a reference is made in this Agreement to a Section, such reference shall be to a Section of this Agreement, unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include,” “includes” and “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” The words “hereof, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The word “will” shall be construed to have the same meaning as the word “shall.” The words “dates hereof” will refer to the date of this Agreement. The word “or” is not exclusive. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, instrument, law, rule or statute defined or referred to herein means, unless otherwise indicated, such agreement, instrument, law, rule or statute as from time to time amended, modified or supplemented. Each of the parties hereto acknowledges that it has been represented by counsel of its choice throughout all negotiations that have preceded the execution of this Agreement, and that it has executed the same with the advice of said independent counsel. Each party cooperated and participated in the drafting and preparation of this Agreement and the documents referred to herein, and any and all drafts relating thereto exchanged among the parties shall be deemed the work product of all of the parties and may not be construed against any party by reason of its drafting or preparation. Accordingly, any rule of law or any legal decision that would require interpretation of any ambiguities in this Agreement against any party that drafted or prepared it is of no application and is hereby expressly waived by each of the parties hereto, and any controversy over interpretations of this Agreement shall be decided without regards to events of drafting or preparation.

  • General Construction 20.2.1. Binding Nature.............................................. 20.2.2. Entire Agreement............................................ 20.2.3. Governing Law............................................... 20.2.4. Indulgences Not Waivers..................................... 20.2.5. Titles Not to Affect Interpretation......................... 20.2.6.

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