Undertakings of Developer Sample Clauses

Undertakings of Developer. Subject to matters of mutual inducement above stated, Developer agrees as follows: a. The Developer has stated his intention to exclude the portion of the building known as “The Pharmacy” from the partial demolition (Refer, Attachment A: Diagram Showing the location of “The Pharmacy”) portion of the Project. b. Prior to issuance of a general partial Demolition Permit for the Project, documentation similar to Historic American Buildings Survey (HABS) documentation shall be completed by the Developer and submitted to and approved by the HPO (Refer, Attachment B: HABS Documentation Example). c. Prior to issuance of a general partial Demolition Permit for the Project, the Developer shall submit engineering drawings to the City indicating the measures proposed to be undertaken in order to stabilize and protect the Pharmacy during the deconstruction. d. For informational purposes only, prior to issuance of a general partial Demolition Permit for the Project, the Developer shall submit a construction sequencing plan to describe order of deconstruction to include phases of remediation, deconstruction and demolition. It is understood that the sequencing of deconstruction may change as deconstruction proceeds and existing conditions become more clear. e. The time between completion of partial demolition and beginning of construction shall not exceed 180 days. f. Prior to issuance of a general partial Demolition Permit for the Project, the Developer shall provide to the City written evidence demonstrating the proposed construction project has the necessary financing to fully complete construction of the Project, including reasonable contingency funds. Examples of such evidence may include but are not limited to copies of commitments from commercial lenders, public entities, and investors providing required grants, loans, letters of credit, bridge financing, etc., as may be needed to complete the Project. g. Construction plans submitted by the Developer to the City for a Building Permit shall substantially comply with the materials and design renderings presented by the Developer to the City Council’s Land Use and Planning Committee on July 27, 2016 (Refer, Attachment C: July 27 Renderings). i. The construction plans for the new building shall include detail drawings of how salvaged historic character-defining items identified pursuant to Section 3a. herein are incorporated into the final design. ii. The construction plans shall include the Mews depicted in Attachment...
Sample 1
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Undertakings of Developer. The Developer agrees that it shall: A. Enter into an agreement for the rehabilitation of the Development per 2.0 above. B. Cooperate with the Village to facilitate the Village 's performance under Section 3.02.
Sample 1
Undertakings of Developer. The Developer hereby represents and acknowledges to the County that the Developer: a. Shall design and construct the Project substantially as described in this Agreement and as approved by the Board and shall obtain County approval prior to initiating any phase of the Project with the understanding that the County is not obligated to fund any phase of the Project without prior approval from the County. b. Understands that funding is contingent on tax increment funds being available pursuant to Paragraph 1.c. at the time a phase is submitted for approval as set forth in Paragraph a. above. c. Shall be responsible for the selection and retention of any designers, engineers and contractors necessary to design and construct the Project in accordance with applicable law. Further, to assure that all contractors and sub-contractors are authorized to do business in Missoula County. d. Shall be solely responsible for any permits, necessary consents and/or approvals and the happening of all acts, conditions and things required precedent to commencement of the Project. e. Xxxxx submit to MDA, prior to or contemporaneously with any application for reimbursement by MDA for costs associated with the Project (which may be submitted no more frequently than on a monthly basis), proof that payment of all amounts owed by Developer in connection with the work done on the Project up to the date of said application has been provided. In addition, prior to payments made by MDA to Developer, Developer shall submit lien waivers to MDA from all contractors and subcontractors performing work on the Project for those improvements for which reimbursement is requested under this Agreement. f. State that representations, statements, and other matters contained in the Application are true and complete in all material respects as of the date of the filing of that Application. g. Xxxxx defend, indemnify and hold MDA and Missoula County and their employees and agents harmless from any and all legal liability, claims or actions resulting from any incident or occurrence arising out of, or related to, the Project including but not limited to, personal injury and hazardous materials contamination of the air, soil or groundwater. Hazardous materials shall include asbestos, petroleum products and any other material or chemical that has been found to be hazardous to humans, animals, or plants by the State of Montana or the United States Environmental Protection Agency. Notwithstanding the foregoin...
Sample 1
Undertakings of Developer. The Developer agrees that it shall: A. Obtain Village approvals for the development as a Planned Development District, Section 11.25, and per the Site Plan Design and Review requirements of Sec. 11.29, of the Village’s Zoning Code. B. Complete construction of six (6) apartment buildings, one 12-unit, two 9- unit and three 6-unit buildings for a total of forty-eight (48) units within the Development Area per the Preliminary Site/Development Plan sufficient to create Tax Increment of Three Million Eight Hundred Thousand ($3,800,000.00) Dollars no later than January 1, 2018 as follows:
Sample 1

Related to Undertakings of Developer

  • Consulting Agreements Buyer shall have entered into the Consulting Agreements with the Shareholders.

  • Completion of Development 7.4.1 Upon the completion of the whole development or complete phases of the development, Council may review this Agreement, in whole or in part, and may: (a) retain the Agreement in its present form; (b) negotiate a new Agreement; (c) discharge this Agreement; or (d) for those portions of the development which are completed, discharge this Agreement and apply appropriate zoning pursuant to the Municipal Planning Strategy and Land Use By-law for Halifax Peninsula as may be amended from time to time.

  • Employment and Consulting Agreements Xxxxxxx X. Xxxx and Xxxx X. Xxxxxx shall have executed and delivered employment agreements with BRI, and Xxxxxx Xxxx shall have executed and delivered a Consulting Agreement with BRI.

  • Notice of Developments Each Party will give prompt written notice to the other of any material adverse development causing a breach of any of its own representations and warranties in Section 3 and Section 4 above. No disclosure by any Party pursuant to this Section 5(f), however, shall be deemed to amend or supplement the Disclosure Schedule or to prevent or cure any misrepresentation, breach of warranty, or breach of covenant.

  • Other Business Activities of the Note Holders Each Note Holder acknowledges that each other Note Holder or its Affiliates may make loans or otherwise extend credit to, and generally engage in any kind of business with, the Mortgage Loan Borrower or any Affiliate thereof, any entity that is a holder of debt secured by direct or indirect ownership interests in the Mortgage Loan Borrower or any entity that is a holder of a preferred equity interest in the Mortgage Loan Borrower (each, a “Mortgage Loan Borrower Related Party”), and receive payments on such other loans or extensions of credit to Mortgage Loan Borrower Related Parties and otherwise act with respect thereto freely and without accountability in the same manner as if this Agreement and the transactions contemplated hereby were not in effect.

  • Consulting Agreement Effective upon Executive’s termination of employment for any reason other than Executive’s termination by the Company for Cause, HCC hereby retains Executive as a consultant (an independent contractor and not as an employee) for a period of five (5) years (the “Consulting Period”). During the Consulting Period, Executive shall serve as Non-Executive Chairman of the Board. Termination of the Term shall not effect the Parties’ rights and obligations under this Section 6, subject to the following: Executive agrees to provide, if requested, 1,000 hours of service (the “Consulting Services”) per year, as required by the Company. Prior to a Change of Control, the Company shall use its best effort to cause Executive to continue as a Director and Chairman of the Board during the term of the Consulting Period. HCC shall pay Executive $450,000 per year of the Consulting Period, payable quarterly, in advance. Executive may elect to delay payment for services, but not the services themselves. During such Consulting Period, Executive shall receive, to the extent permitted by law and the terms of any existing plan, all of the Company’s benefits as if Executive was a full time employee. In addition, the terms of this Section 6 shall remain in full force and effect whether or not Executive dies or suffers a Disability pursuant to the terms hereof during the Consulting Period. Further, if at any time during the Term of this Agreement Executive shall elect, at his sole option, to cease being a full time employee, then and in that event, Executive shall become a consultant pursuant to the terms of this Section. During the Consulting Period, Executive shall have the right to the same benefits for the same purposes and to the same extent as were in effect during the term of this Agreement, provided, however, if Executive ceases to be the Executive Chairman, Executive shall no longer receive Deferred Compensation. The Consulting Services to be provided shall be commensurate with Executive’s training, background, experience and prior duties with the Company Executive shall receive such stock options or cash bonuses as the Compensation Committee, in its sole discretion shall determine. Executive agrees to make himself reasonably available to provide such Consulting Services during the Consulting Period; provided, however, the Company agrees that it shall provide reasonable advance notice to Executive of its expected consulting needs and any request for Consulting Services hereunder shall not unreasonably interfere with Executive’s other business activities and personal affairs as determined in good faith by Executive. In addition, Executive shall not be required to perform any requested Consulting Services which, in Executive’s good faith opinion, would cause Executive to breach any fiduciary duty or contractual obligation Executive may have to another employer. Further, during the Consulting Period, Executive shall not be subject to any non-competition provisions except for the two-year period provided for in Section 5(c). Unless waived by Executive, Executive shall not be required to perform Consulting Services for more than four (4) days during any week or for more than eight (8) hours during any day. Executive’s travel time shall constitute hours of Consulting Services for purposes of this Section 6. The Parties contemplate that, when appropriate, the Consulting Services shall be performed at Executive’s office or residence and at the Company’s executive offices in Houston, Texas and may be performed at such other locations only as they may mutually agree upon. Executive shall be properly reimbursed for all travel and other expenses reasonably incurred by Executive in rendering the Consulting Services.

  • Commencement of Development 5.3.1 In the event that development on the Lands has not commenced within five (5) years from the date of registration of this Agreement at the Registry of Deeds or Land Registry Office, as indicated herein, the Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Land Use By-law. For the purpose of this section, commencement of development shall mean issuance of a Mobile Home Park Construction Permit. 5.3.2 For the purpose of this section, Council may consider granting an extension of the commencement of development time period through a resolution under Section 4.1 of this Agreement, if the Municipality receives a written request from the Developer at least sixty (60) calendar days prior to the expiry of the commencement of development time period.

  • No Existing Non-Competition Agreements No Insider is subject to any non-competition agreement or non-solicitation agreement with any employer or prior employer which could materially affect his ability to be an employee, officer and/or director of the Company, except as disclosed in the Registration Statement.

  • Other Terms and Conditions of Employment Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other employees covered by this Agreement paid on a pro-rata basis.

  • Agreement to Perform Necessary Acts Each party agrees to perform any further acts and execute and deliver any further documents which may be reasonably necessary or otherwise reasonably required to carry out the provisions of this Agreement.

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