Default by the Developer Sample Clauses

Default by the Developer. ‌ 1. In the event that the City claims that the Developer is in default in the observance and/or performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and conditions of Article VI hereof), the City shall give the Developer written notice of such claimed default with such notice requiring the Developer to rectify the same within a thirty (30) day period from the date of the written notice. 2. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereof, have a period of thirty (30) days from the receipt of the ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the Security. Time shall be of the essence hereof. 3. In the event that the City claims that the Developer is in default in the observance and performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give the Developer notice in writing of such claimed default, and shall by such notice either require the Developer to rectify such default with five (5) days of the receipt of such notice or notify the Developer that the City intends to rectify such default at the Developer's cost and expense. a. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. b. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has required the Developer to rectify same, the Developer shall have a period of five (5) days from receipt of the decision of the Arbitrator within which to rectify the default. c. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default as the Developer's cost and expense, the City shall proceed to rectify the default at the Developer's cost and expense immediately. d. Notwithstanding anything to the contrary herein, in...

Default by the Developer. In the event of default by the Developer hereunder, the District shall have the right to pursue all legal or equitable remedies and to recover from the Developer all expenses incurred in pursuing its legal rights hereunder, including reasonable attorneys' fees.

Default by the Developer. 17.01 If the Developer should default under any provision of this Agreement, the Municipality shall give the Developer notice of the particulars of such default. 17.02 If within fourteen (14) days after the giving of such notice, the Developer fails to rectify such default as contained in the notice, to the satisfaction of the Municipality, then the Municipality shall be entitled to draw upon the performance security provided by the Developer and itself remedy the default in whole or in part and recover from the Developer any costs thereof in excess of that performance security or to specific performance to rectify such breach or default, or alternatively shall be entitled to seek an injunction to restrain such breach, or to enforce any term or condition of this Agreement or shall be entitled to seek a declaration terminating this Agreement for non-performance, or any and all such remedies, (which remedies are hereby acknowledged as being cumulative and not alternative), provided further that if the Agreement is so terminated, by virtue of the Developer's default, the parties hereto agree that the Municipality shall not be liable for any loss or damage that may be suffered by the Developer as a result of such termination, and the parties hereto further covenant and agree that the Municipality in any such event, shall not be liable for any loss or damage suffered by any other person, firm or corporation by virtue of such termination, and the Developer does hereby for itself and its successors and assigns indemnify and save harmless the Municipality, and its successors and assigns, from any claim or demand from any person, firm or corporation which may suffer loss or damage by reason of the termination of this Agreement because of the Developer's failure or default as aforesaid.

Default by the Developer. There shall be an "event of default" by the Developer upon the occurrence of anyone or 25 more of the following after the Effective Date:

Default by the Developer. A default by Developer shall exist if (a) Developer fails to construct the DP Improvements in substantial compliance with the CDs and the other requirements of this Agreement; (b) Developer otherwise breaches or fails to comply with any obligation of Developer under this Agreement; or (c) Developer fails to maintain in full force and effect the Performance Security, if applicable, in the amounts specified in this Agreement or, upon issuance of a TCO, fails to complete work on outstanding DP Improvements within the six month time period established in Section 3.2. as may be extended.

Default by the Developer. A default by Developer shall exist after notice and hearing and an opportunity to cure as hereinafter provided if (a) Developer fails to cure any noncompliance specified in any written notice of noncompliance within a reasonable time after receipt of the notice of noncompliance; and (b) Developer otherwise breaches or fails to comply with any obligation of Developer under this Agreement. Notice of Default as to SIP improvements must be given prior to expiration of the warranty period for such phase of the SIP improvements as hereinafter provided.

Default by the Developer. (A) The occurrence of (i) an Event of Bankruptcy or (ii) any failure by the Developer to perform any obligation under this Agreement where such event or failure shall continue for more than thirty (30) days after the City’s written notice (the “Default Notice”) of such event or failure is received by the Developer and the Developer shall fail to provide a response to the Default Notice specifying the actions undertaken or to be undertaken to effect a cure within thirty (30) days after receipt of the Default Notice; or shall respond to the Default Notice but shall fail to effect the cure specified in such response shall be an Event of Default by the Developer (“Developer Default”) provided, however, that the Developer shall not be in default with respect to any matter referred to in a Default Notice which is susceptible of cure but cannot be reasonably cured within said thirty (30)-day period, so long as the Developer responds to the Default Notice and sets out a reasonable plan and schedule to effect a cure and thereafter makes reasonable efforts to complete the same in accordance with such schedule. (B) Except as otherwise provided in this Agreement if a Developer Default occurs, the City shall be entitled to pursue its rights and remedies pursuant to this Agreement or as may otherwise be available at law or in equity. (C) It is agreed and understood that in the event a Developer Default occurs, the Developer agrees, upon City’s prior written request, to execute such assignments or other documentation as may be reasonably required to effect an assignment to the City of Developer’s DECD Brownfields Grant Assistance Agreement and/or any other agreement Developer has for funding obtained from the State, as well as any and all permits, approvals or other related documentation or agreements necessary for the City to complete the Environmental Remediation Work. (D) It is agreed and understood that the provisions of this Section 9.1 shall not affect the Right of Reversion set forth on Section 3.6 above, and that the City may, in the City’s sole discretion, elect to pursue such remedy as it may deem necessary or desirable from time to time.

Default by the Developer. 20.1 In the event that the County claims that the Developer is in default in the observance and performance of any of the terms, covenants or conditions of this Agreement, the County may give the Developer THIRTY (30) days’ notice in writing of such claimed default and requiring the Developer to rectify same within the said period of THIRTY (30) days. 20.2 If the Developer denies that it is in default as claimed in such notice, the Developer shall within TEN (10) days of receipt of such notice request a reference to arbitration pursuant to the provisions of Section 21 hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of paragraph 20.1, have a period of THIRTY (30) days from the receipt of the arbitration ruling within which to rectify such default. 20.3 The Developer agrees that in the event that the County has given the 20.4 In the event that the Developer has failed to rectify such default within the period of THIRTY (30) days from the receipt of the notice of default provided by the County pursuant to paragraph 20.1 and no arbitration been requested by the Developer or from confirmation of the default by the Arbitrator pursuant to paragraph 20.2, the County may, but shall not be obligated to, undertake any work it considers necessary in order to remedy such default and any costs or liability incurred by the County in respect thereof shall be at the Developer’s sole cost and expense. The Developer shall pay such costs to the County within THIRTY (30) days of receiving demand for payment from the County. 20.5 Notwithstanding anything to the contrary herein, in the event that the County, in its discretion, considers it necessary to undertake any immediate work in connection with the construction, installation or repair of the Municipal Improvements in a situation which the County considers to be an emergency, the County shall immediately notify the Developer of such situation and shall be entitled to then cause such work to be done; PROVIDED, that upon completion of said emergency work, the County shall give notice in writing to the Developer if the County claims that such repair work was made necessary by reason of a default on the part of the Developer in the observance or performance of the terms, covenants and conditions of this Agreement, and if the Developer denies the claimed default, it shall within TEN (10) days request a reference to arbitration pursuant to the provisions of Section 21 her...

Default by the Developer. 22.1 In the event that the City claims that the Developer is in default in the observance or performance of any of the terms, covenants or conditions of this Agreement, the City may give the Developer THIRTY (30) days’ notice in writing of such claimed default and requiring the Developer to rectify same within the said period of THIRTY (30) days.