Common use of Failure to Commence Construction Clause in Contracts

Failure to Commence Construction. If CCO has not commenced construction of the Sign within 180 days following the receipt by CCO of all Permits and the later of the expiration of all appeal periods or resolution of any appeals with respect thereto, or fails to complete such construction with reasonable diligence once commenced, either CCO or City may terminate this Lease upon providing 30 days written notice to the other Party, provided that, if CCO so terminates, CCO shall pay to the City, as the City’s sole remedy in connection with such termination, a $25,000 termination fee on the effective date of such termination unless CCO’s termination is the result of: (i) CCO’s failure to obtain any of the Permits despite CCO’s commercially reasonable efforts; (ii) any lawsuit having being filed seeking to prohibit the erection or operation of the Sign; (iii) a breach of this Lease or other action by City; or (iv) CCO’s failure to obtain approval of off-site landscape installation. Any provision of this Section to the contrary notwithstanding, if the City delivers to CCO notice of termination in accordance with this Section, such termination shall not be effective if CCO lawfully commences construction of the Sign prior to the effective date of such termination.