Breach by Developer Sample Clauses

Breach by Developer. If the Developer shall fail or refuse to perform its obligations as required hereunder, then the BOCC shall provide written notice to the Developer indicating the nature of the default. If the Developer has not cured or started to cure the default within a reasonable period of time, the BOCC may, within 120 days following the date that the notice to cure was sent, seek and obtain equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or an injunction. Should the remedies of specific performance or injunction not be available to the BOCC because of actions of Developer, then the BOCC shall be entitled to bring a legal action for damages.

Breach by Developer. Without prejudice to the provisions of Clause 9.5 above, in the event the Developer fails and/or neglects to deliver possession of the Said Unit And Appurtenances within the Extended Period, this Agreement shall, at the option of the Buyer, stand cancelled and/or rescinded, upon which the Developer shall refund to the Buyer all payments received till that date, with interest calculated @ 12% (twelve percent) per annum. If the Buyer opts not to cancel this Agreement, then no interest shall be payable by the Developer.

Breach by Developer. Each of the following events shall be deemed a material breach of Developer's obligations under this Agreement: (a) Developer practices, or attempts to practice, any fraud or deceit upon City. (b) Developer becomes insolvent or proceedings in bankruptcy are instituted by or against Developer, or Developer is adjudged bankrupt or insolvent by any court, or a receiver or trustee in bankruptcy or a receiver of the Property is appointed in any suit or proceeding brought by or against Developer, or Developer makes an assignment for the benefit of creditors provided, however, Developer shall not be deemed in material breach pursuant to this subparagraph in the event the suit or proceeding is dismissed within ninety (90) days following the date of initiation thereof. (c) Developer willfully violates any orders or rulings of any regulatory body having jurisdiction over Developer relative to the Property, provided that Developer may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer. (d) Developer fails to make any payments required under this Agreement; provided, however, Developer shall not be deemed in material breach of this subsection, unless City has given Developer ten (10) days prior written notice of such failure and Developer has failed to make payment within the ten day period. (e) Developer materially breaches any of the other provisions of the Agreement and the same is not cured within the time set in a written notice of the breach from City to Developer, provided that if Developer cannot reasonably cure the breach within the time set forth in such notice, Developer fails to commence to cure such breach within the time set forth in such notice and diligently prosecute the cure to completion.

Breach by Developer. It is a breach of this Agreement if the Developer a. fails to comply with the Development Codes, provided that Developer has the right to cure such failure within thirty (30) days of receiving notice of same from the City; or if a longer period of time is necessary to cure such breach, Developer has a reasonable amount of time agreed to in writing by the City, which shall not be longer than ninety (90) days from notice of such breach;

Breach by Developer. 9.1.1. Any breach of the provisions of this Agreement by Developer, including the Project or Construction Schedule and that is not remedied within sixty (60) days after TCDA has given notice to Developer specifying the breach, provided, however, that if the TCDA determines that it is more likely than not that the breach was not willful and cannot with due diligence be cured within a period of sixty (60) days, Developer will have a reasonable period of time to cure such breach. In making its determination, TCDA will act reasonably and in good faith, and will consider the nature of the breach, whether ▇▇▇▇▇▇▇▇▇ has proposed a reasonable course of action, is or will diligently effect such cure and whether the cure may be accomplished within a reasonable period. TCDA may require that Developer periodically provide TCDA with a written assessment of the cure describing: the curative actions taken since the last written report, the estimated date by which the cure will be completed, the remaining impediments to completing the cure, and the planned curative acts for the next month.

Breach by Developer. The Developer shall be deemed to be in breach of this agreement if there is: (i) failure to commence construction of the works and services contemplated by the plans, the additional plans, and this agreement, within the time contemplated in this agreement; (ii) failure to complete construction of the works and services contemplated by the plans, the additional plans, and this agreement, within the time contemplated by this agreement; (iii) failure to remedy any defect in construction of the said works and services, within the time contemplated by this agreement; (iv) failure to properly maintain the said works and services as per this agreement; (v) failure to install and maintain adequate siltation control devices;

Breach by Developer. If the Developer shall fail or refuse to perform its obligations as required, then after thirty (30) days from receipt of written notice provided by the Developer to County Commissioners’ indicating the nature of the default and if the Developer has not cured the default, the County may seek equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or injunction, or declare this Agreement null and void and cease the issuance of building permits and review of development plans. Should the remedies of specific performance or injunction not be available to County Commissioners’ because of the actions of the Developer, then the County Commissioners’ shall be entitled to bring a legal action for damages.

Breach by Developer. Without prejudice to the provisions of Clause 9.5 above, in the event the Developer fails and/or neglects to deliver possession of the Said Flat And Appurtenances within the Extended Period, this Agreement shall, at the option of the Buyer, stand cancelled and/or rescinded, upon which the Developer shall refund to the Buyer all payments received till that date, with interest calculated @ 12% (twelve percent) per annum. Provided that where if the Buyer do not intend to withdraw from the Project, the Developer shall pay the Buyer interest at the rate prescribed in the Rules for every month of delay, till the handing over of the possession of the Said Flat which shall be paid by the Developer to the Buyer within 45 (forty five) days of it becoming due.

Breach by Developer. In the event that an alleged breach by Developer is not resolved pursuant to Article 12.2, any of the Coalition Organizations may commence litigation to seek judicial enforcement of this Agreement or other applicable law. The Coalition Organization(s) may obtain any legal or equitable remedy determined appropriate by the court to affect the purposes of this Agreement and provide compensation in case of breach. Such remedies may include injunctive relief and specific performance of any obligation under this Agreement, it being the Parties’ intent that all of the promises in this Agreement shall be carried out in full and it being the Parties’ mutual understanding that money damages would be an inadequate remedy for certain breaches (or threatened breaches) of this Agreement. The agreed remedies set forth herein shall not be construed to limit or derogate any legal or equitable remedy authorized by applicable law or a court’s ability to determine facts, weigh evidence and exercise its own discretion with respect to enforcement of any term or condition of this Agreement.