Common use of Violations of City Code, State or Federal Law Clause in Contracts

Violations of City Code, State or Federal Law. An event of default shall occur under this Agreement if any written citation is issued to Grantee or an Affiliate due to the occurrence of a violation of a material provision of the City Code on the Land or on or within any improvements thereon (including, without limitation, any violation of the City’s Building or Fire Codes and any other City Code violations related to the environmental condition of the Land; the environmental condition of other land or waters which is attributable to operations on the Land; or to matters concerning the public health, safety or welfare) and such citation is not paid or the recipient of such citation does not properly follow the legal procedures for protest and/or contest of any such citation. An event of default shall occur under this Agreement if the City is notified by a governmental agency or unit with appropriate jurisdiction that Grantee or an Affiliate, or any successor in interest thereto, any third party with access to the Land pursuant to the express or implied permission of Grantee or an Affiliate, or any a successor in interest thereto, or the City (on account of the Improvements or the act or omission of any party other than the City on or after the effective date of this Agreement) is in violation of any material state or federal law, rule or regulation on account of the Land, improvements on the Land or any operations thereon (including, without limitation, any violations related to the environmental condition of the Land; the environmental condition of other land or waters which is attributable to operations on the Land; or to matters concerning the public health, safety or welfare). Upon the occurrence of such default, the City shall notify Grantee in writing and Grantee shall have (i) thirty (30) calendar days to cure such default or (ii) if Grantee has diligently pursued cure of the default but such default is not reasonably curable within thirty (30) calendar days, then such amount of time that the City reasonably agrees is necessary to cure such default. If the default has not been fully cured by such time, the City shall have the right to terminate this Agreement immediately by providing written notice to Grantee and shall have all other rights and remedies that may be available to it under the law or in equity.

Appears in 4 contracts

Samples: Economic Development Program Agreement, Economic Development Program Agreement, Economic Development Program Agreement

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Violations of City Code, State or Federal Law. An event of default shall occur under this Agreement if any written citation is issued to Grantee or an Affiliate due to the occurrence of a violation of a material provision of the City Code on the Land or on or within any improvements thereon (including, without limitation, any violation of the City’s Building or Fire Codes and any other City Code violations related to the environmental condition of the Land; the environmental condition of other land or waters which is attributable to operations on the Land; or to matters concerning the public health, safety or welfare) and such citation is not paid or the recipient of such citation does not properly follow the legal procedures for protest and/or contest of any such citation. An event of default shall occur under this Agreement if the City is notified by a governmental agency or unit with appropriate jurisdiction that Grantee or an Affiliate, or any successor in interest thereto, any third party with access to the Land pursuant to the express or implied permission of Grantee or an Affiliate, or any a successor in interest thereto, or the City (on account of the Improvements or the act or omission of any party other than the City on or after the effective date of this Agreement) is in violation of any material state or federal law, rule or regulation on account of the Land, improvements on the Land or any operations thereon (including, without limitation, any violations related to the environmental condition of the Land; the environmental condition of other land or waters which is attributable to operations on the Land; or to matters concerning the public health, safety or welfare). Upon the occurrence of such default, the City shall notify Grantee in writing and Grantee shall have (i) thirty (30) calendar days to cure such default or (ii) if Grantee has diligently pursued cure of the default but such default is not reasonably curable within thirty (30) calendar days, then such amount of time that the City reasonably agrees is necessary to cure such default. If the default has not been fully cured by such time, the City shall have the right to terminate this Agreement immediately by providing written notice to Grantee and shall have all other rights and remedies that may be available to it under the law or in equity.

Appears in 2 contracts

Samples: Economic Development Program Agreement, Economic Development Program Agreement

Violations of City Code, State or Federal Law. An event of default shall occur under this Agreement if any written citation is issued to Grantee Developer or an Affiliate due to the occurrence of a violation of a material provision of the City Code on the Land Development Property or on or within any improvements thereon (including, without limitation, any violation of the City’s 's Building or Fire Codes and any other City Code violations related to the environmental condition of the LandDevelopment Property; the environmental condition of other land or waters which is attributable to operations on the LandDevelopment Property; or to matters concerning the public health, safety or welfare) and such citation is not paid or the recipient of such citation does not properly follow the legal procedures for protest and/or contest of any such citation. An event of default shall occur under this Agreement if the City is notified by a governmental agency or unit with appropriate jurisdiction that Grantee Developer or an Affiliate, or any successor in interest thereto, ; any third party with access to any portion of the Land Development Property owned or operated by Developer or an Affiliate pursuant to the express or implied permission of Grantee Developer or an Affiliate, or any a successor in interest thereto, ; or the City (on account of the Improvements or the act or omission of any party other than the City on or after the effective date of this Agreement) is in violation of any material state or federal law, rule or regulation on account of any portion of the LandDevelopment Property owned or operated by Developer or an Affiliate, or on account of improvements on the Land owned or operated by Developer or an Affiliate or any operations thereon therein on the Development Property (including, without limitation, any violations related to the environmental condition of any portion of the LandDevelopment Property owned or operated by Developer or an Affiliate; the environmental condition of other land or waters which is attributable to operations on any portions of the LandDevelopment Property owned or operated by Developer or an Affiliate; or to matters concerning the public health, safety or welfare). Upon the occurrence of such defaultany default described by this Section 6.3, the City shall notify Grantee Developer in writing and Grantee Developer shall have (i) thirty (30) calendar days to cure such default or (ii) if Grantee Developer has diligently pursued cure of the default but such default is not reasonably curable within thirty (30) calendar days, then such amount of time that the City as is reasonably agrees is necessary to cure such default. If the default has not been fully cured by such time, the City shall have the right to terminate this Agreement immediately by providing written notice to Grantee Developer and shall have all other rights and remedies that may be available to it under the law or in equity.

Appears in 1 contract

Samples: Economic Development Program Agreement

Violations of City Code, State or Federal Law. An event of default shall occur under this Agreement if any written citation is issued to Grantee or an Affiliate due to the occurrence of a material violation of a material provision of the City Code on the Land or on or within any improvements thereon (including, without limitation, any material violation of the City’s Building or Fire Codes and any other material City Code violations related to the environmental condition of the Land; the environmental condition of other land or waters which is attributable to operations on the Land; or to matters concerning the public health, safety or welfare) and such citation is not paid or the recipient of such citation does not properly follow the legal procedures for protest and/or contest of any such citation. An event of default shall occur under this Agreement if the City is notified by a governmental agency or unit with appropriate jurisdiction that Grantee the City (by reason of any action or an Affiliateinaction of Target, or any its officers, agents, servants, employees, contractors and/or subcontractors); Target; a successor in interest thereto, interest; or any third party with access to the Land pursuant to the express or implied permission of Grantee Target or an Affiliate, or any a successor in interest thereto, or the City (on account of the Improvements or the act or omission of any party other than the City on or after the effective date of this Agreement) is in violation of any material state or federal law, rule or regulation on account of the Land, improvements on the Land or any operations thereon (including, without limitation, any material violations related to the environmental condition of the Land; the environmental condition of other land or waters which is attributable to operations on the Land; or to matters concerning the public health, safety or welfare). Upon the occurrence of such default, the City shall notify Grantee Target in writing and Grantee Target shall have (i) thirty (30) calendar days to cure such default or (ii) if Grantee has Target diligently pursued pursues cure of the default but such default is not reasonably curable within thirty (30) calendar days, then such amount of time that the City reasonably agrees is necessary to cure such default. If the default has not been fully cured by such time, the City shall have the right to terminate this Agreement immediately by providing written notice to Grantee Target at least thirty (30) calendar days in advance and shall have all other rights and remedies that may be available to it under the law or in equityequity (with the understanding that if Target fully cures such default before the expiration of such thirty (30) days, this Agreement shall remain in full force and effect).

Appears in 1 contract

Samples: Economic Development Program Agreement

Violations of City Code, State or Federal Law. An event Event of default Default shall occur under this Agreement if any written citation is issued to Grantee or an Affiliate due to the occurrence of a violation of a material provision of the City Code on the Theater Land or on or within any improvements thereon (including, without limitation, any violation of the City’s Building or Fire Codes and any other City Code violations related to the environmental condition of the Theater Land; the environmental condition of other land or waters which is attributable to operations on the Theater Land; or to matters concerning the public health, safety or welfare) and such citation is not paid or the recipient of such citation does not properly follow the legal procedures for protest and/or contest of any such citation. In this event, the City shall notify Grantee in writing and Grantee shall have sixty (60) calendar days to cure such default. An event Event of default Default shall occur under this Agreement if the City is notified by a governmental agency or unit with appropriate jurisdiction that Grantee or an Affiliate, or any successor in interest thereto, any third party with access to the Theater Land pursuant to the express or implied permission of Grantee or an Affiliate, or any a successor in interest thereto, or the City (on account of the Improvements or the act or omission of any party other than the City on or after the effective date Effective Date of this Agreement) is in violation of any material state or federal law, rule or regulation on account of the Theater Land, improvements on the Theater Land or any operations thereon (including, without limitation, any violations related to the environmental condition of the Theater Land; the environmental condition of other land or waters which is attributable to operations on the Theater Land; or to matters concerning the public health, safety or welfare). Upon the occurrence of such default, the City shall notify Grantee in writing and Grantee shall have (i) thirty (30) calendar days to cure such default or (ii) if Grantee has diligently pursued cure of the default but such default is not reasonably curable within thirty (30) calendar days, then such amount of time that the City reasonably agrees is necessary to cure such default. If the default has not been fully cured by such time, the City shall have the right to terminate this Agreement immediately by providing written notice to Grantee and shall have all other rights and remedies that may be available to it under the law or in equity.

Appears in 1 contract

Samples: Economic Development Program Agreement

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Violations of City Code, State or Federal Law. An event Event of default Default shall occur under this Agreement if any written citation is issued to Grantee or an Affiliate due to the occurrence of a violation of a material provision of the City Code on the Land or on or within any improvements thereon (including, without limitation, any material violation of the City’s Building or Fire Codes and any other City Code material violations related to the environmental condition of the Land; the environmental condition of other land or waters which is attributable to operations on the Land; or to matters concerning the public health, safety or welfare) and such citation is not paid or the recipient of such citation does not properly follow the legal procedures for protest and/or contest of any such citation. In this event, the City shall notify Grantee in writing and Grantee shall have sixty (60) calendar days to cure such default. An event Event of default Default shall occur under this Agreement if the City is notified by a governmental agency or unit with appropriate jurisdiction that Grantee or an Affiliate, or any successor in interest thereto, any third party with access to the Land pursuant to the express or implied permission of Grantee or an Affiliate, or any a successor in interest thereto, or the City (on account of the Eligible Improvements or the act or omission of any party other than the City on or after the effective date Effective Date of this Agreement) is in violation of any material state or federal law, rule or regulation on account of the Land, improvements on the Land or any operations thereon (including, without limitation, any violations related to the environmental condition of the Land; the environmental condition of other land or waters which is attributable to operations on the Land; or to matters concerning the public health, safety or welfare). Upon the occurrence of such default, the City shall notify Grantee in writing and Grantee shall have (i) thirty (30) calendar days to cure such default or (ii) if Grantee has diligently pursued cure of the default but such default is not reasonably curable within thirty (30) calendar days, then such amount of time that the City is reasonably agrees is agreed upon to be necessary to cure such default. If the default has not been fully cured by such time, the City shall have the right to terminate this Agreement immediately by providing written notice to Grantee and shall have all other rights and remedies that may be available to it under the law or in equity. Provided, however, that notwithstanding anything to the contrary in this Agreement, no Event of Default shall exist or result by reason of conditions (such as environmental conditions from hazardous materials or hazardous wastes) existing prior to Grantee’s or its Affiliate’s execution and acceptance of the lease of the Land.

Appears in 1 contract

Samples: Economic Development Program Agreement

Violations of City Code, State or Federal Law. An event of default shall occur under this Agreement if any written citation is issued to Grantee or an Affiliate due to the occurrence of a violation of a material provision of the City Code on the Land Property or on or within any improvements thereon (including, without limitation, any violation of the City’s Building or Fire Codes and any other City Code violations related to the environmental condition of the LandProperty; the environmental condition of other land or waters which is attributable to operations on the LandProperty; or to matters concerning the public health, safety or welfare) and such citation is not paid or the recipient of such citation does not properly follow the legal procedures for protest and/or contest of any such citation. An event of default shall occur under this Agreement if the City is notified by a governmental agency or unit with appropriate jurisdiction that Grantee or an Affiliate, or any successor in interest thereto, any third party with access to the Land Property pursuant to the express or implied permission of Grantee or an Affiliate, or any a successor in interest thereto, or the City (on account of the Improvements or the act or omission of any party other than the City on or after the effective date of this Agreement) is in violation of any material state or federal law, rule or regulation on account of the LandProperty, improvements on the Land Property or any operations thereon (including, without limitation, any violations related to the environmental condition of the LandProperty; the environmental condition of other land or waters which is attributable to operations on the LandProperty; or to matters concerning the public health, safety or welfare). Upon the occurrence of such default, the City shall notify Grantee in writing and Grantee shall have (i) thirty (30) calendar days to cure such default default, or such shorter period of time if the City determines there to be an urgent public necessity, or (ii) if Grantee has diligently pursued cure of the default but such default is not reasonably curable within thirty (30) calendar days, then such amount of time that the City reasonably agrees is necessary to cure such default. If the default has not been fully cured by such time, the City shall have the right to terminate this Agreement immediately by providing written notice to Grantee and shall have all other rights and remedies that may be available to it under the law or in equity.

Appears in 1 contract

Samples: Economic Development Program Agreement

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