Common use of Development of Project Clause in Contracts

Development of Project. 6.1 The Proponent agrees to undertake the development of the Project in accordance with the provisions proposed in this Agreement and as identified in the Council Report, Resolution [INSERT], and By-law [INSERT] approved by Regional Council to fund the Project, and as further set out in Schedules “A” and “I”. 6.2 The Proponent shall, subject to Force Majeure, ensure Substantial Completion of the Project is reached in accordance with the development schedule set out in the Proponent’s Application attached hereto as Schedule “I”, or such later date as may be approved by the Region. 6.3 The Proponent shall carry out the development of the Project as specified in the requirements of this Agreement and in accordance with all Applicable Laws. 6.4 The Region shall have access to the Project at all times in order to verify that the Proponent is carrying out the development of the Project in accordance with the terms and conditions of this Agreement and in accordance with all Applicable Laws. The Proponent shall co-operate with any individual acting on the Region’s behalf in this respect by doing anything reasonably required to assist with any such inspections. 6.5 Following completion of the construction of the Project, the Region’s representative shall have the right, at all reasonable times, upon prior notice to the Proponent, to inspect the Project in order to confirm that the Proponent is operating the Project in accordance with the provisions of this Agreement. 6.6 In performing any work and construction on the Project, the Proponent shall: (a) proceed at its own expense with all due diligence to completion and will cause all work to be done in a good and professional manner; (b) do all acts and things required for the performance and completion of the Project in accordance with the plans and specifications for the Project which have or may be approved by the appropriate authority; (c) do all acts and things required to be done in the performance of the construction in compliance with the insurance and other requirements of this Agreement; (d) construct the Project with care and in such a manner so as not to give rise to environmental claims against the Project; (e) enter into a construction contract for the Project with a construction contractor (the “Contractor”), together with all such other agreements or documents that may be necessary for the completion of the Project which clearly describe the Project to be built and the business relationship between the Proponent and the Contractor; (f) pay all required development charges and levies and post all required security for the Project with municipal authorities having jurisdiction; (g) make and process all necessary applications for the development of the Project including, but not limited to, preparation of surveys and zoning, rezoning, official plan amendment, site plan, land division committee and severance applications; (h) obtain, in final form, the zoning necessary to permit the use of the Project in compliance with Applicable Laws; and (i) obtain all necessary permits at its own expense. 6.7 Without limiting the condition set out below, the Proponent shall, within ten (10) calendar days after having received written notice of a lien arising from performance of the construction of or work relating to the Project, discharge or release any liens that may be registered against title to the Project Lands. 6.8 The Proponent shall not at any time during the Term of this Agreement breach any contribution agreement that it has entered into with any entity relating to Contributions by Others respecting the Project, and shall not, through any breach on its part, cause such other entity to terminate a contribution agreement for cause. The Proponent agrees that a breach by it of any such contribution agreement shall constitute a breach of this Agreement. The Proponent shall provide the Region with evidence of its good standing under any such contribution agreement within ten (10) Business Days following its receipt of a written request from the Region. 6.9 The Proponent shall, no later than six (6) months prior to the Occupancy Date, provide to the Region an Access Plan for review and approval.