Breach by Developer. In the event that an alleged breach by Xxxxxxxxx is not resolved pursuant to Article 12.2, any of the Coalition Organizations may commence litigation to seek judicial enforcement of this Agreement or other applicable law. The Coalition Organization(s) may obtain any legal or equitable remedy determined appropriate by the court to affect the purposes of this Agreement and provide compensation in case of breach. Such remedies may include injunctive relief and specific performance of any obligation under this Agreement, it being the Parties’ intent that all of the promises in this Agreement shall be carried out in full and it being the Parties’ mutual understanding that money damages would be an inadequate remedy for certain breaches (or threatened breaches) of this Agreement. The agreed remedies set forth herein shall not be construed to limit or derogate any legal or equitable remedy authorized by applicable law or a court’s ability to determine facts, weigh evidence and exercise its own discretion with respect to enforcement of any term or condition of this Agreement.
Breach by Developer. If the Developer shall fail or refuse to perform its obligations as required hereunder, then the BOCC shall provide written notice to the Developer indicating the nature of the default. If the Developer has not cured or started to cure the default within a reasonable period of time, the BOCC may, within 120 days following the date that the notice to cure was sent, seek and obtain equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or an injunction. Should the remedies of specific performance or injunction not be available to the BOCC because of actions of Developer, then the BOCC shall be entitled to bring a legal action for damages.
Breach by Developer. Without prejudice to the provisions of Clause 11.5 above, in the event the Developer fails and/or neglects to deliver possession of the Said composite Unit within the Extended Period, this Agreement shall, at the option of the Purchaser, stand cancelled and/or rescinded, upon which the Developer shall refund to the Purchasers all payments received till that date, with interest calculated @18% (Eighteen Percent) per annum calculated from the date of completion of such extended period. If the Purchasers opts not to cancel this Agreement, then no interest shall be payable by the Developer.
Breach by Developer. The Developer shall be deemed to be in breach of this agreement if there is:
Breach by Developer. Any one of the following shall constitute an event of default under this Agreement:
Breach by Developer. Without prejudice to the provisions of Clause 9.5 above, in the event the Developer fails and/or neglects to deliver possession of the Said Flat And Appurtenances within the Extended Period, this Agreement shall, at the option of the Buyer, stand cancelled and/or rescinded, upon which the Developer shall refund to the Buyer all payments received till that date, with interest calculated @ 12% (twelve percent) per annum. Provided that where if the Buyer do not intend to withdraw from the Project, the Developer shall pay the Buyer interest at the rate prescribed in the Rules for every month of delay, till the handing over of the possession of the Said Flat which shall be paid by the Developer to the Buyer within 45 (forty five) days of it becoming due.
Breach by Developer. Each of the following events shall be deemed a material breach of Developer's obligations under this Agreement:
Breach by Developer. Without prejudice to the provisions of Clause 9.5 above, in the event the Developer fails and/or neglects to deliver possession of the Said Unit And Appurtenances within the Extended Period, this Agreement shall, at the option of the Buyer, stand cancelled and/or rescinded, upon which the Developer shall refund to the Buyer all payments received till that date, with interest calculated @ 12% (twelve percent) per annum. If the Buyer opts not to cancel this Agreement, then no interest shall be payable by the Developer.
Breach by Developer. If the Developer shall fail or refuse to perform its obligations as required, then after thirty (30) days from receipt of written notice provided by the Developer to County Commissioners’ indicating the nature of the default and if the Developer has not cured the default, the County may seek equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or injunction, or declare this Agreement null and void and cease the issuance of building permits and review of development plans. Should the remedies of specific performance or injunction not be available to County Commissioners’ because of the actions of the Developer, then the County Commissioners’ shall be entitled to bring a legal action for damages.
Breach by Developer
