Nature of Developer Sample Clauses

Nature of Developer. Developer acknowledges that the City will require that the “Developer” under the DDA and DA be an entity with substantial development expertise and shall have assets (i.e., assets in an amount sufficient to provide assurance to the City, in its sole discretion, that Developer has the financial capacity to develop, construct and maintain the Project, to secure such obligations and to comply with its obligations under the Transaction Documents without requirement for any mortgage. Unless otherwise approved by the City pursuant to the terms of the agreed-upon DDA, the “Developer” under the DDA and DA shall be AvalonBay Communities, Inc., a Maryland corporation, or a business entity (such as a limited liability company) that is a Developer Affiliate of AvalonBay Communities, Inc. Developer acknowledges and agrees that the financial capacity of Developer is of critical importance to the City. Accordingly, throughout the term of this ENA and the DDA, the City shall have the right (a) to review and approve the Developer and its owners, including the financial capacity, assets and liquidity of each of the foregoing and (b) to require, as a condition to execution of the DDA and to close of escrow for the Development Parcels, security for performance of the obligations of such entity to be provided by a Person approved by the City in its sole discretion as Guarantor. The foregoing security shall be provided by a Guaranty provided by such approved Guarantor in a form acceptable to the City and Developer each in its sole discretion and by other instrument approved by the City in its sole discretion, as further described in the DDA.
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Nature of Developer. Developer will be The Irvine Company LLC or such other affiliated business entity (such as another limited liability corporation) as the City may approve. Concurrently with its execution of the DDA and DA, Developer shall submit a copy of the applicable formation documents relating to Developer and any corporate members of Developer (i.e., as applicable, articles of incorporation, partnership agreement, and/or limited liability corporation and articles of incorporation, statement of information and operating agreement).
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Related to Nature of Developer

  • Scope of Work For the 2022/2023 Grant Period, the Provider will maintain a victim services program that will be available to provide direct services to victims of crime who are identified by the Provider or are presented to the Provider, as specified in the Provider’s 2022/2023 Grant Application as approved by the OAG and incorporated herein by reference.

  • General The Trustee shall keep proper books of record and account of all the transactions of each Trust under this Indenture at its corporate trust office, including a record of the name and address of, and the Units issued by each Trust and held by, every Unit holder, and such books and records of each Trust shall be open to inspection by any Unit holder of such Trust at all reasonable times during the usual business hours. The Trustee shall make such annual or other reports as may from time to time be required under any applicable state or federal statute or rule or regulations thereunder.

  • Scope of Agreement Nothing in this Agreement shall be deemed to entitle Executive to continued employment with the Company or its Subsidiaries, and if Executive’s employment with the Company shall terminate prior to a Change in Control, Executive shall have no further rights under this Agreement (except as otherwise provided hereunder); provided, however, that any termination of Executive’s employment during the Termination Period shall be subject to all of the provisions of this Agreement.

  • Scope of Services The specific scope of work for each job shall be determined in advance and in writing between TIPS Member, Member’s design professionals and Vendor. It is permitted for the TIPS Member to provide a general scope description, but the awarded vendor should provide a written scope of work, and if applicable, according to the TIPS Member’s design Professional as part of the proposal. Once the scope of the job is agreed to, the TIPS Member will issue a PO and/or an Agreement or Contract with the Job Order Contract Proposal referenced or as an attachment along with bond and any other special provisions agreed by the TIPS Member. If special terms and conditions other than those covered within this solicitation and awarded Agreements are required, they will be attached to the PO and/or an Agreement or Contract and shall take precedence over those in this base TIPS Vendor Agreement.

  • Therefore the parties agree as follows: