Tolling and Extension During Legal Challenge or Moratoria Sample Clauses

Tolling and Extension During Legal Challenge or Moratoria. In the event that this Agreement or any of the Entitlements or the EIR or any subsequent approvals or permits required to implement the Entitlements (such as, any required Fill Permit or Environmental Impact Statement related thereto) are subjected to legal challenge by a third party, other than Developer, and Developer is unable to proceed with the Project due to such litigation (or Developer gives written notice to County that it is electing not to proceed with the Project until such litigation is resolved to Developer’s satisfaction), the Term of this Agreement and timing for obligations imposed pursuant to this Agreement shall, upon written request of Developer, be extended and tolled during such litigation until the entry of final order or judgment upholding this Agreement and/or Entitlements, or the litigation is dismissed by stipulation of the parties. Similarly, if Developer is unable to develop the Property due to the imposition by the County or other public agency of a development moratoria for health or safety reasons unrelated to the performance of Developer’s obligations hereunder (including without limitation, moratoria imposed due to the unavailability of water or sewer to serve the Plan Area), then the Term of this Agreement and timing for obligations imposed pursuant to this Agreement shall, upon written request of Developer, be extended and tolled for the period of time that such moratoria prevents such development of the Property.
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Tolling and Extension During Legal Challenge or Moratoria. In the event that this Agreement, any of the Entitlements, the EIR or any subsequent approvals or permits required to implement the Entitlements (such as, any required Fill Permit or Environmental Impact Statement related thereto) are subjected to legal challenge by a third party, other than Developer, and Developer is unable to proceed with the Project due to such litigation (or Developer gives written notice to County that it is electing not to proceed with the Project until such litigation is resolved to Developer’s satisfaction), the Term of this Agreement and timing for obligations imposed pursuant to this Agreement with the exception of the obligations set forth in Section 7.11 below shall upon written request of Developer be extended and tolled during such litigation until: (i) the entry of final order or judgment upholding this Agreement and / or Entitlements; (ii) the litigation is dismissed by stipulation of the parties; or (iii) County agrees to extinguish the tolling after having been provided written notification by Developer of its intent to proceed with the Project irrespective of the litigation. In the event of an extinguished tolling provision pursuant to (iii) above, the Developer shall not be able to re-request an extension or tolling due to the existence of the litigation that was the basis for the initial tolling. Similarly, if Developer is unable to develop the Property due to the imposition by the County or other public agency of a development moratoria for health or safety reasons unrelated to the performance of Developer’s obligations hereunder (including without limitation, moratoria imposed due to the unavailability of water or sewer to serve the Plan Area), then the Term of this Agreement and timing for obligations imposed pursuant to this Agreement with the exception of the obligations set forth in Section 7.11 below shall upon written request of Developer be extended and tolled for the period of time that such moratoria prevent such development of the Property. Notwithstanding any extension or tolling of the Term of this Agreement as provided in this Section, County shall, at Developer’s sole risk and cost, process any preliminary plans submitted by Developer, including, without limitation, any applications for tentative parcel map or tentative subdivision map approval, during such tolling period; provided, however, no such applications or plans shall be approved unless or until the tolling period has been terminated and all f...
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Tolling and Extension During Legal Challenge or Moratoria. (a) If this Agreement, any of the Entitlements or any subsequent entitlements, approvals or permits required to implement the Entitlements (such as any required fill permit) are subjected to legal challenge by a third party, other than Developer, and Developer cannot or elects not to proceed with development of the Subject Property during such litigation, the Term of this Agreement and timing for obligations imposed pursuant to this Agreement shall, upon written request of Developer to County, be extended and tolled during such litigation until the entry of final order or judgment upholding this Agreement, the Entitlements, subsequent entitlements, approvals and/or other permits required to implement the Entitlements, or the litigation is dismissed by stipulation of the parties.
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Related to Tolling and Extension During Legal Challenge or Moratoria

  • COMMENCEMENT AND DURATION OF AGREEMENT 9. This Agreement shall commence on the [insert date] and shall remain in force for [2] years (“Initial Contract Period”).

  • EXPIRATION DATE AND EXTENSION This Contract expires December 28, 2022, unless it is terminated sooner pursuant to Article XX of the General Terms and Conditions, which are incorporated into this Contract by reference. This Contract may be extended up to two additional one-year periods upon request of Sourcewell and with written agreement by the Contractor, not to exceed a total of three years.

  • Termination Due To Lack Of Funding Appropriation If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

  • Extension of Probationary Period The probationary period shall not be extended except in the case of extended illness or injury or compelling personal situation during which time the employee was unable to work. In such cases, the probationary period may be extended for the length of time the ill or injured employee was unable to work.

  • Extension After Suspension When a suspension occurs through no fault of PURCHASER, PURCHASER may request an extension of time for performance of this contract, for a period not to exceed the period of operations that were suspended. The request for extension must be in writing and:

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