The Developer Clause Samples
The "The Developer" clause defines the role, responsibilities, and obligations of the developer within an agreement. It typically outlines what the developer is expected to deliver, such as software, websites, or applications, and may specify standards of performance, timelines, and communication requirements. By clearly establishing the developer's duties, this clause helps ensure both parties understand expectations and reduces the risk of disputes over deliverables or performance.
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The Developer. 20.1. The Purchaser acknowledges that the Seller has nominated and appointed the Developer to attend to project management of the Proposed Development Scheme and the construction of all buildings and other related works in respect of the Proposed Development Scheme. The Developer will accordingly also be a Party to this Agreement.
20.2. The Developer warrants and agrees that it is registered as a home builder with the National Home Builders Registration Council as contemplated by the provisions of the Housing Consumers Protection Measures Act 95 of 1998.
The Developer. (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act or under any similar federal or State law;
(ii) makes an assignment for benefit of its creditors;
(iii) admits in writing its inability to pay its debts generally as they become due; or
(iv) is adjudicated as bankrupt or insolvent.
The Developer. By its execution of this ENA, the Developer is not committing itself to acquire any land or agreeing to enter into a binding DDA. The parties recognize that the Developer must first conduct due diligence investigations and negotiate the terms of the DDA before exercising its decision to enter into such agreements, and Developer shall have no liability to the SRA or any other party if, after completing such due diligence investigations or having commenced such negotiations, the Developer does not elect to enter into a binding DDA.
The Developer. (a) warrants (to the best of its knowledge having made proper inquiry) that the New Material it creates, and the Developer’s Existing Material which has been incorporated into that New Material:
(i) does not infringe the Intellectual Property Rights or Moral Rights of any other person; and
(ii) the granting of rights to the Department and the Challenge Owner under this agreement, and the exercise of those rights in accordance with this agreement, will not infringe the Intellectual Property Rights or Moral Rights of any person.
(b) grants the Department and the Challenge Owner an irrevocable, perpetual, non- exclusive, royalty free, worldwide, transferable licence (including right of sublicense) to use, adapt, modify and reproduce the Developer’s New Material, including any of the Developer’s Existing Material which has been incorporated into the New Material, and the Developer’s information submitted under the PSP Program, for the purpose of:
(i) evaluating Proposals; and
(ii) administering the PSP Program.
(c) warrants that it is authorised to grant the rights in clause 7.4(b).
The Developer. The Developer shall undertake the following:- Providing the funding required for the implementation of the Project and amounting to the total sum of Kenya Shillings [STATE THE AMOUNT IN WORDS] (KShs [AMOUNT IN FIGURES]/=); Procurement of the requisite change of user (if required) and development approvals and permits including NCA and NEMA Licences; Undertaking construction and development works; Hiring the Contractor for the Project; Hiring, firing and remuneration of casual labourers and sub-contractors; Marketing and sales of its assigned units; Procurement of constructions materials; Keeping proper project records including accounting records and minutes of meetings; ▇▇▇▇▇▇▇ of the project site and office; and Paying any withholding taxes payable on the Contractor, Sub-Contractors and Consultants. Project conception and design; Project Management Services; To finance the incorporation of the SPV; and Procurement of finishing materials.
The Developer. 2.4.1. Sub-Clause 4.1 The Developer’s General Obligations
The Developer. EXPRESSLY AGREES TO FULLY AND COMPLETELY DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY, AND ITS OFFICERS, AGENTS AND EMPLOYEES, AGAINST ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, JUDGMENTS, COSTS, AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM, DAMAGES OR LIABILITY FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY ANY NEGLIGENT, GROSSLY NEGLIGENT, WRONGFUL, OR STRICTLY LIABLE ACT OR OMISSION OF THE DEVELOPER OR ITS AGENTS, EMPLOYEES, OR CONTRACTORS, ARISING OUT OF THE DEVELOPER’S PERFORMANCE OF AND OBLIGATIONS UNDER THIS AGREEMENT. Nothing in this paragraph may be construed as waiving any governmental immunity available to the City under state law. This provision is solely for the benefit of the Developer and the City and is not intended to create or grant any rights, contractual or otherwise, in or to any other person.
The Developer. Signed by authorised person: ..................................................................................................................................
The Developer. The Lessor and the Lessee mutually agree that in the event of the failure of {^} the Developer to complete the construction of the {^} Project within the time periods specified in the Development Agreement, that the Lessee shall incur damages that are not ascertainable as to amount as of the date hereof. Therefore, upon such failure to so construct the {^} Project by the Developer, the Developer has agreed to pay to the Lessee liquidated damages for such failure as specified in the Development Agreement. The payment of such liquidated damages shall be the Lessee's sole remedy for such failure. The {^} Project may not be materially modified without the prior written consent of the {^} Bond Insurer; provided, however, that any request to make such a modification must be accompanied by certifications and proof, satisfactory to the {^} Bond Insurer, that all approvals required under applicable law, if any, have been obtained. For purposes of this paragraph, no modification shall be deemed to be material so long as the Fixed Price Construction Cost is not increased or decreased by [$500,000] or less, and the {^} Project continues to be suitable for use as a developmental research school facility.
The Developer. The Developer is ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ Properties, LLC, a California limited liability company. The address of the Developer for purposes of this Agreement is ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇; Attention: ▇▇▇ ▇▇▇▇. All of the terms, covenants and conditions of this Parking Agreement shall be binding on and shall inure to the benefit of the Developer and its nominees, successors and assigns. Wherever the term “Developer” is used herein or therein, such term shall include any nominee, assignee or successor of the Developer.