ABANDONMENT OF PROJECT - COSTS AND EXPENSES Sample Clauses

ABANDONMENT OF PROJECT - COSTS AND EXPENSES. City’s costs and expenses for the preparation of the feasibility report, plans and specifications and all other costs expended by City and required to be reimbursed by Developer to the City hereunder, which are associated with improvements referred to in Exhibit 2 and/or Developer’s plat proposal, shall be paid by Developer even if the proposed development of the Property should be Abandoned by the Developer. For the purposes of this Agreement, “Abandonment” or “Abandoned” of the development of the Property shall mean the failure of Developer to pay any invoice received by Developer from the City, in the time stated in this Agreement, or pursuant to such other payment schedule as approved in writing by the City, after any required notice and expiration of any applicable cure period. Developer has provided sureties, in the form of a cash escrow, to City as follows: PURPOSE AMOUNT Costs associated with preparation of plans and specifications $ 60,000 If the development is Abandoned, the City may withdraw funds from the above- referenced deposit or surety for the purpose of paying City’s costs referred to in this section. The above-referenced surety will be released by City to Developer upon Developer providing, and the City accepting, the Petition Items Surety.
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ABANDONMENT OF PROJECT - COSTS AND EXPENSES. City’s costs and expenses for the preparation of the feasibility report, plans and specifications, and all other costs expended by City and required to be reimbursed by Developer to the City hereunder, which are associated with Petition Items and/or Developer’s proposed development of the Property, shall be paid by Developer even if the proposed development of the Property should be Abandoned by the Developer. For the purposes of this Agreement, “Abandoned” shall mean the failure of Developer to pay any invoice received by Developer from the City, in the time stated in this Agreement, or pursuant to such other payment schedule as approved in writing by the City, after any required notice and expiration of any applicable cure period, Developer has failed to meet any deadlines in the Agreement or City Code, after any required notice and expiration of any applicable cure period, or Developer has provided City with notice, which notice may be by email, that it does not intend to proceed with the development of the Property. Developer has provided a surety, in the form of a cash escrow and is separate from the Surety, to City as follows: PURPOSE AMOUNT Costs associated with preparation of feasibility report $5,700.00 Costs associated with preparation of plans and specifications $17,100.00 TOTAL $22,800.00 If the development is Abandoned, the City may withdraw funds from the above- referenced surety for the purpose of paying City’s costs referred to in this Section. The above-referenced surety will be released by City to Developer upon Developer providing, and the City accepting, the Surety.
Sample 1
ABANDONMENT OF PROJECT - COSTS AND EXPENSES. In the event Developer should abandon the development of the Subject Property, the Town’s costs and expenses related to attorney’s fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, and any other expenses undertaken in reliance upon Developer’s various assertions shall be paid by said Developer within thirty (30) days after receipt of a xxxx for such costs from the Town. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground-cover to prevent continuing soil erosion from Said Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the Town may incur in taking whatever action is reasonably necessary to provide ground-cover and otherwise restore Said Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Plat and to facilitate mowing of Said Plat. In the event that said costs are not paid, the Town may withdraw funds from the above-mentioned surety for the purpose of paying the costs referred to in this paragraph.
Sample 1
ABANDONMENT OF PROJECT - COSTS AND EXPENSES. City’s costs and expenses for the preparation of the feasibility report, plans and specifications and all other costs expended by City and required to be reimbursed by Developer to the City hereunder, which are associated with the Petition Items referred to in Exhibit 2 and/or Developer’s plat proposal, shall be paid by Developer even if the proposed development of the Property should be Abandoned by the Developer; provided all of said expenses have been included in the Project Land Assessment. For the purposes of this Agreement, “Abandonment” or “Abandoned” of the development of the Property shall mean the failure of Developer to pay any invoice received by Developer from the City, in the time stated in this Agreement, or pursuant to such other payment schedule as approved in writing by the City, after any required notice and expiration of any applicable cure period.
Sample 1
ABANDONMENT OF PROJECT - COSTS AND EXPENSES. In the event Developer should abandon the proposed development of the Plat, the County and Township's costs and expenses related to attorney's fees, engineering fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, completion of infrastructure improvements according to the Approved Plans and any other expenses undertaken in reliance upon Developer's various representations shall be paid by the Developer within thirty (30) days after receipt of a xxxx for such costs from the County and Township. In addition, except in the event of governmental shutdowns or other events outside of Developer’s control that prevent the work described in this Agreement, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, fails to provide sufficient ground-cover to prevent continuing soil erosion from the Plat, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer agrees to pay all costs the County and Township may incur in taking whatever action is reasonably necessary to provide ground-cover and otherwise restore or replace and repair any structures damaged by frost in the Plat to the point where undeveloped grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from the Plat and to facilitate mowing of the Plat. In the event that said costs are not paid, the County and Township may specially assess or certify such costs against the lots within the Plat and/or take necessary legal action to recover such costs, including attorney’s fees. Developer knowingly and voluntarily waives all rights to appeal said special assessments/certifications under any applicable Minnesota Statutes.
Sample 1
ABANDONMENT OF PROJECT - COSTS AND EXPENSES. In the event Developer should abandon the proposed development of the Subject Property, the County and Township’s costs and expenses related to attorney's fees, engineering fees, professional review, drafting of this Agreement, preparation of the feasibility report, plans and specifications, costs for completion and any other expenses undertaken in reliance upon Developer's various representations shall be paid by said Developer within thirty (30) days after receipt of a xxxx for such costs from the County and Township. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine
Sample 1

Related to ABANDONMENT OF PROJECT - COSTS AND EXPENSES

  • Costs and Expenses The Borrower shall pay (i) all reasonable out-of-pocket expenses incurred by the Administrative Agent and its Affiliates (including the reasonable fees, charges and disbursements of counsel for the Administrative Agent), in connection with the syndication of the credit facilities provided for herein, the preparation, negotiation, execution, delivery and administration of this Agreement and the other Loan Documents or any amendments, modifications or waivers of the provisions hereof or thereof (whether or not the transactions contemplated hereby or thereby shall be consummated), (ii) all reasonable out-of-pocket expenses incurred by the L/C Issuer in connection with the issuance, amendment, renewal or extension of any Letter of Credit or any demand for payment thereunder and (iii) all out-of-pocket expenses incurred by the Administrative Agent, any Lender or the L/C Issuer (including the fees, charges and disbursements of any counsel for the Administrative Agent, any Lender or the L/C Issuer), and shall pay all fees and time charges for attorneys who may be employees of the Administrative Agent, any Lender or the L/C Issuer, in connection with the enforcement or protection of its rights (A) in connection with this Agreement and the other Loan Documents, including its rights under this Section, or (B) in connection with the Loans made or Letters of Credit issued hereunder, including all such out-of-pocket expenses incurred during any workout, restructuring or negotiations in respect of such Loans or Letters of Credit.

  • Cost and Expenses Borrower agrees, whether or not any Loan is made hereunder or any Letter of Credit is issued hereunder, to pay the Agent and each of the Banks upon demand (i) all reasonable out-of-pocket costs and expenses and all Attorneys' Fees of the Agent and each of the Banks in connection with the preparation, documentation, negotiation and execution of this Agreement, the Notes, the Letter of Credit Applications and the other Transaction Documents; provided, however, that such Attorneys' Fees of Harris Trust and Savings Bank shall not exceed thx xxx of $1,500.00 and such Attorneys' Fees of The Sumitomo Bank, Limited shall not exceed the sum of $1,500.00, (ii) all recording, filing and search fees and expenses incurred in connection with this Agreement and the other Transaction Documents, (iii) all out-of-pocket costs and expenses and all Attorneys' Fees of the Agent and each of the Banks in connection with the (A) the preparation, documentation, negotiation and execution of any amendment, modification, extension or renewal of this Agreement, the Notes, the Letter of Credit Applications and/or any of the other Transaction Documents, (B) the preparation of any waiver or consent hereunder or under any of the other Transaction Documents or (C) any Default or Event of Default or alleged Default or Event of Default hereunder, (iv) if an Event of Default occurs, all out-of-pocket costs and expenses and all Attorneys' Fees incurred by the Agent and each of the Banks in connection with such Event of Default and collection and other enforcement proceedings resulting therefrom and (v) all other Attorneys' Fees incurred by the Agent or any of the Banks relating to or arising out of or in connection with this Agreement or any of the other Transaction Documents. Borrower further agrees to pay or reimburse the Agent and each of the Banks for any stamp or other taxes which may be payable with respect to the execution, delivery, recording and/or filing of this Agreement, the Notes, the Letter of Credit Applications or any of the other Transaction Documents. All of the obligations of Borrower under this Section 9.03 shall survive the satisfaction and payment of Borrower's Obligations and the termination of this Agreement.

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