Timing of Design and Construction. The City shall commence and complete its design and construction obligations with respect to the ▇▇▇▇▇ ▇▇▇▇▇▇ Improvements on a schedule to be determined by the City in its sole discretion; provided, however, in the event that Developer determines that it requires said design and construction work to be completed prior to the City’s intended commencement of the same, Developer may deliver written notice of such requirements to the City and the City, within thirty (30) days of receiving Developer’s notice, shall notify Developer in writing as to which of the following two options it has selected in its sole discretion: (i) to meet Developer’s stated design and construction schedule; or (ii) allow Developer to undertake said design and construction obligations, with all such costs to be shared equally between the City and Developer and such costs that are incurred by Developer shall be an Eligible Expense hereunder. If the City elects to meet Developer’s construction schedule but fails to timely complete construction the ▇▇▇▇▇ ▇▇▇▇▇▇ Improvements, then Developer shall be entitled to the self-help rights set forth in Section 2.03(c)(iii) below.
Appears in 2 contracts
Sources: Development Agreement, Development Agreement