Common use of Performance by the Developer Clause in Contracts

Performance by the Developer. The Developer will perform all acts to be performed by it hereunder and will refrain from taking or omitting to take any action that would materially violate the Developer’s representations and warranties hereunder or render the same materially inaccurate as of the Effective Date and subsequent Requisition dates or that in any material way would prevent the consummation of the transactions contemplated hereby in accordance with the terms and conditions hereof.

Performance by the Developer. The Developer will perform all acts to be performed by it hereunder and will refrain from taking or omitting to take any action that would materially violate the Developer’s representations and warranties hereunder or render the same materially inaccurate as of the Effective Date and subsequent Requisition dates or the Closing Date or that in any material way would prevent the consummation of the transactions contemplated hereby in accordance with the terms and conditions hereof.