Developer Performance Sample Clauses

Developer Performance. In the event that the Developer fails to obtain the necessary building permits for Building B by September 30, 2015 (except if same are unreasonably withheld, unreasonably conditioned or unreasonably delayed by the City, or any other governmental unit, in contravention of this agreement) as set forth herein, the City may, at its option and within its sole discretion a(i) terminate this Agreement, and (ii) terminate the related ▇▇▇▇▇▇▇▇▇▇ Reimbursement Agreement and ▇▇▇▇▇▇▇▇▇▇ Redevelopment Plan, either immediately or prospectively; provided that, prior to any such termination, the Developer shall have ninety (90) business days to cure any default after notice of the same.

Developer Performance i. In the event that the Developer fails to obtain the necessary building permits for Building A and Building D in accordance with the timelines set forth herein (except if same are unreasonably withheld, unreasonably conditioned or unreasonably delayed by the City, or any other governmental unit, in contravention of this Agreement, or Enforced Delays), the City may, at its option and within its sole discretion, terminate this Agreement and terminate the related ▇▇▇▇▇▇▇▇▇▇ Reimbursement Agreement and ▇▇▇▇▇▇▇▇▇▇ Redevelopment Plan, either immediately or prospectively; provided that, prior to any such termination, the Developer shall have ninety (90) business days to cure any default after written notice of the same. ii. In the event Developer fails to complete Building C by January 1, 2025 (except if any actions including permits, approvals, reviews, or inspections are unreasonably withheld, unreasonably conditioned, or unreasonably delayed by the City, or any other governmental unit, in contravention of this Agreement, or Enforced Delays), subject to any delays permitted under the terms of this Agreement, and the City has provided notice in accordance with Paragraph VI a) above, and Developer has failed to cure such default to the satisfaction of the City, Developer shall transfer fee title to the Building C Property (“Parcel C”), free and clear of any liens, to the City for use as a public open space, restricted to use of the property as public open space. Public open space means land dedicated or reserved for parks, recreational areas, and scenic areas. Parcel C may be built upon as part of a larger development or themay be used to reconfigure adjacent roads may be reconfigured, provided such development has, or the road reconfiguration provides, a contiguous public open and landscaped space of the same size as Parcel C, suitable for outdoor recreation and events., in addition to the open space that is already part of Valley Court Park. Transfer of Parcel C to the City shall be deemed to satisfy any requirement of any City ordinance related to the types of housing that comprise the Project and shall be enforceable by the City in equity, not as a penalty but to satisfy the Developer’s obligation to comply with the City ordinance, it being understood that the City's actual damages may be extremely difficult to calculate. If the delay is caused by causes beyond the reasonable control of the Developer, and the Developer has started actions to cure such delay...

Developer Performance. In the event that the Developer fails to obtain the necessary building permit for the Building in accordance with the timelines set forth herein (except if same are unreasonably withheld, unreasonably conditioned or unreasonably delayed by the City, or any other governmental unit, in contravention of this Agreement, or Enforced Delays), the City may, at its option and within its sole discretion, terminate this Agreement and terminate the related ▇▇▇▇▇▇▇▇▇▇ Reimbursement Agreement and ▇▇▇▇▇▇▇▇▇▇ Redevelopment Plan, either immediately

Developer Performance. In the event that the Developer fails to obtain the necessary building permits for Building B by the August 31, 2015 (except if same are unreasonably withheld, unreasonably conditioned or unreasonably delayed by the City, or any other governmental unit, in contravention of this agreement) as set forth herein, the City may, at its option and within its sole discretion terminate this Agreement, by sending a written notice to Developer specifying the failure, subject to the provisions below. In the event that this Agreement is terminated on this basis by the City then, by written notice given by the City to the Developer following such failure by the Developer which is not attributed to delays caused by Governing Agencies (which shall be defined as including, whether a party to this Agreement or not, any and all governmental agencies, quasi-governmental agencies and/or any private agencies with jurisdiction over any of the matters relevant to this Agreement, including any subdivisions, employees, agents or affiliates of those agencies; for purposes of this Agreement) or Enforced Delays (collectively, “Governmental/Enforced Delays”), thea City may, at its option and within its discretion, (i) terminate this Agreement, and (ii) terminate the related ▇▇▇▇▇▇▇▇▇▇ Reimbursement Agreement and ▇▇▇▇▇▇▇▇▇▇ Redevelopment Plan, either immediately or prospectively; provided that, prior to any such termination, the Developer shall have ninety (90) business days to cure the default, or if the default cannot be reasonably cured within such ninety business day period, the Developer shall commence cure and undertake good faith efforts to complete same as soon as practicable.

Developer Performance. Developer agrees to begin construction within days of Land Transfer and shall complete construction within days of commencement. Any changes to these timelines shall be immediately communicated to the HCLBA for consideration of an amendment to the agreement.

Developer Performance. In the event that the Developer fails to demolish the existing buildings or obtain the necessary building permits for Building A in accordance with the timelines set forth herein (except if same are unreasonably withheld, unreasonably conditioned or unreasonably delayed by the City, or any other governmental unit, in contravention of this agreement or Enforced Delays), the City may, at its option and within its sole discretion terminate this Agreement and terminate the related ▇▇▇▇▇▇▇▇▇▇ Reimbursement Agreement and ▇▇▇▇▇▇▇▇▇▇ Redevelopment Plan, either immediately or prospectively; provided that, prior to any such termination, the Developer shall have ninety (90) business days to cure any default after written notice of the same. If the delay is caused by causes beyond the reasonable control of the Developer, and the Developer has started actions to cure such delay, the time to cure shall be extended to the time reasonably needed to complete it.

Developer Performance. Section 12.05 (a)(2) is hereby amended in its entirety as follows:

Developer Performance i. In the event that the Developer fails to obtain the necessary building permits for Building A and Building D in accordance with the timelines set forth herein (except if same are unreasonably withheld, unreasonably conditioned or unreasonably delayed by the City, or any other governmental unit, in contravention of this Agreement, or Enforced Delays), the City may, at its option and within its sole discretion, terminate this Agreement and terminate the related ▇▇▇▇▇▇▇▇▇▇ Reimbursement Agreement and ▇▇▇▇▇▇▇▇▇▇ Redevelopment Plan, either immediately or prospectively; provided that, prior to any such termination, the Developer shall have ninety (90) business days to cure any default after written notice of the same. ii. In the event Developer fails to complete Building C by August 2025January 1, 2024 (except if any actions including permits, approvals, reviews, or inspections are unreasonably withheld, unreasonably conditioned, or unreasonably delayed by the City, or any other governmental unit, in contravention of this Agreement, or Enforced Delays), subject to any delays permitted under the terms of this Agreement, and the City has provided notice in accordance with Paragraph VI a) above, and Developer has failed to cure such default to the satisfaction of the City, Developer shall transfer fee title to the Building C Property, free and clear of any liens, to the City for use as a public park restricted to use of the property as a public parkas liquidated damages for breach of this agreement. Developer acknowledges that this is not n ature of the City’s damages for a breach of this nature the City’s total damages would otherwise be uncertain and difficult to ascertain. Such transfer shall not be deemed to satisfy any requirement of any City ordinance related to the types of housing that comprise the Project. If the delay is caused by causes beyond the reasonable control of the Developer, and the Developer has started actions to cure such delay, the time to cure shall be extended to the time reasonably needed to complete it.

Developer Performance i. In the event that the Developer fails to obtain the necessary building permits for Building A and Building D in accordance with the timelines set forth herein (except if same are unreasonably withheld, unreasonably conditioned or unreasonably delayed by the City, or any other governmental unit, in contravention of this Agreement, or Enforced Delays), the City may, at its option and within its sole discretion, terminate this Agreement and terminate the related ▇▇▇▇▇▇▇▇▇▇ Reimbursement Agreement and ▇▇▇▇▇▇▇▇▇▇ Redevelopment Plan, either immediately or prospectively; provided that, prior to any such termination, the Developer shall have ninety (90) business days to cure any default after written notice of the same. ii. In the event Developer fails to complete Building C by August 2025 (except if any actions including permits, approvals, reviews, or inspections are unreasonably withheld, unreasonably conditioned, or unreasonably delayed by the City, or any other governmental unit, in contravention of this Agreement, or Enforced Delays), subject to any delays permitted under the terms of this Agreement, and the City has provided notice in accordance with Paragraph VI a) above, and Developer has failed to cure such default to the satisfaction of the City, Developer shall transfer fee title to the Building C Property to the City for use as a public park restricted to use of the property as a public park. Such transfer shall be deemed to satisfy any requirement of any City ordinance related to the types of housing that comprise the Project. If the delay is caused by causes beyond the reasonable control of the Developer, and the Developer has started actions to cure such delay, the time to cure shall be extended to the time reasonably needed to complete it.