Common use of Design of Project Clause in Contracts

Design of Project. The Project will consist of the buildings, facilities and elements described in Developer’s Proposal for, as revised in accordance with the terms of this Contract. The design of the Project and the construction materials used within will qualify the Project for classification as class A flexible industrial space in the City of Norfolk. Developer shall submit the preliminary plans to the City’s Department of Planning and Department of Development (a) when design is approximately 10% complete, (b) when design is approximately 60% complete, (c) when design is approximately 90% complete and (d) when design is sufficiently complete such that Developer’s contractor can proceed with construction. The City shall review the design of the Project in accordance with the terms of this Contract. Developer may not proceed with construction until the plans are approved in writing by City and in order to enforce this Section 2.4, the City shall be entitled to seek injunctive relief without necessarily showing monetary or special damages and without posting bond or security for a bond for the award of a permanent injunction. The City’s review will include, but will not be limited to, confirming that the design at the 60%, 90% and 100% stages is in substantial conformance with this Contract and the previous plans provided and as modified. Developer must also obtain all other approvals required by the Norfolk City Code and other applicable laws and regulations. If Developer, despite using commercially reasonable effort, is unable to obtain approval by the City of the plans for the Project and all other governmental approvals and permits required to commence construction of the Project prior to Closing, Developer may terminate this Contract by giving the City written notice thereof prior to the Closing, and its sole remedy shall be the return of its Deposit and termination of this Contract and neither Party shall have any further obligation under this Contract, except as otherwise expressly provided in this Contract.