Common use of Prior to Substantial Completion Clause in Contracts

Prior to Substantial Completion. Prior to substantial completion as defined in this Section 9, if APPLICANT sells, transfers or conveys the Property or any portion thereof comprising in excess of two (2) acres, then (A) APPLICANT shall provide the COUNTY prompt written notice of such sale, transfer or conveyance; and (B) unless within thirty (30) days after the date of such notice the COUNTY approves, in its sole and absolute discretion, the transfer of this Agreement and the rights to receive the GRANT proceeds as part of such sale, then the COUNTY shall have the right to terminate this Agreement by written notice to APPLICANT delivered within such thirty (30) day period following the date of APPLICANT’S notice, whereupon the obligations of both parties accruing from and after the date of such termination shall cease. In addition, APPLICANT agrees that, except as otherwise provided in Section 9(c)(5) below, prior to the substantial completion as defined in this Section 9, the assignment of this Agreement is expressly prohibited without the prior written consent of COUNTY which consent may not be unreasonably withheld.