Common use of Developer’s Remedies Clause in Contracts

Developer’s Remedies. If City is in default under this Agreement and the parties do not resolve City's default among themselves, Developer shall have the right to terminate this Agreement upon written notice to City. Developer shall have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, and the right to seek actual damages ; provided that City shall in no event be liable for punitive, incidental or consequential damages.

Appears in 1 contract

Sources: Development Agreement

Developer’s Remedies. If City is in default under this Agreement and the parties do not resolve City's default among themselvesthe matter, Developer shall have the right to terminate this Agreement upon written notice to City. The Developer shall have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages and the right to seek actual damages self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages.

Appears in 1 contract

Sources: Development Agreement

Developer’s Remedies. If the City is in default under this Agreement and the parties do not resolve the City's default among themselvespursuant to the nonbinding mediation process described above, then Developer shall have the right to terminate this Agreement immediately upon written notice to City. Developer shall have the right City and to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages and the right to seek actual damages ; provided that City shall in no event be liable for punitive, incidental or consequential damagesself-help.

Appears in 1 contract

Sources: Development and Disposition Agreement

Developer’s Remedies. If City is in default under this Agreement and the parties do not resolve the City's default among themselvespursuant to the nonbinding mediation described in Section 6.2, Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages and the right to seek actual damages self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages.

Appears in 1 contract

Sources: Development and Disposition Agreement

Developer’s Remedies. If City is in default under this Agreement (beyond any applicable cure period) and the parties do not resolve the City's default among themselves’s default, Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall also have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain actual damages and the right to seek actual damages self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages.

Appears in 1 contract

Sources: Development Agreement

Developer’s Remedies. If City is in default under this Agreement and the parties do not resolve the City's default among themselves, pursuant to the nonbinding mediation described in Section 6.2 Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages and the right to seek actual damages self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages.

Appears in 1 contract

Sources: Development and Disposition Agreement