Breach-General. 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. Developer shall have thirty (30) days following the receipt of such written notice to cure the default described in such notice; provided, however, if the Developer shall proceed with due diligence to cure said default after said notice, then such thirty (30) day period shall be extended to such a period of time as may reasonably be required to cure such default while proceeding with due diligence. If the Developer has not cured the default within the said cure period, the BOCC may 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.
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Sources: Development Rights and Responsibilities Agreement, Development Rights and Responsibilities Agreement, Development Rights and Responsibilities Agreement
Breach-General. If the Developer BOCC shall fail or refuse to perform its obligations as required hereunder, then the BOCC Developer shall provide written notice to the Developer BOCC indicating the nature of the default. Developer The BOCC shall have thirty (30) days following the receipt of such written notice to cure the default described in such notice; provided, however, if the Developer BOCC shall proceed with due diligence to cure said default after said notice, then such thirty (30) day period shall be extended to such a period of time as may reasonably be required to cure such default while proceeding with due diligence. If the Developer BOCC has not cured the default within the said cure period, the BOCC Developer may 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 Developer because of actions of Developerthe BOCC, then the BOCC Developer shall be entitled to bring a legal action for damages.
Appears in 4 contracts
Sources: Development Rights and Responsibilities Agreement, Development Rights and Responsibilities Agreement, Development Rights and Responsibilities Agreement
Breach-General. 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. Developer shall have thirty (30) days following the receipt of such written notice to cure the default described in such notice; provided, however, if the Developer shall proceed with due diligence to cure said default after said notice, then such thirty (30) day period shall be extended to such a period of time as may reasonably be required to cure such default while proceeding with due diligence. If the Developer has not cured the default within the said cure period, the BOCC may 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.
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Breach-General. 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. Developer shall have thirty sixty (3060) days following the receipt of such written notice to cure the default described in such notice; provided, however, if the Developer shall proceed with due diligence to cure said default after said notice, then such thirty sixty (3060) day period shall be extended to such a period of time as may reasonably be required to cure such default while proceeding with due diligence. If the Developer has not cured the default within the said cure period, the BOCC may 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.
Appears in 1 contract
Breach-General. If the Developer BOCC shall fail or refuse to perform its obligations as required hereunder, then the BOCC Developer shall provide written notice to the Developer BOCC indicating the nature of the default. Developer The BOCC shall have thirty sixty (3060) days following the receipt of such written notice to cure the default described in such notice; provided, however, if the Developer BOCC shall proceed with due diligence to cure said default after said notice, then such thirty sixty (3060) day period shall be extended to such a period of time as may reasonably be required to cure such default while proceeding with due diligence. If the Developer BOCC has not cured the default within the said cure period, the BOCC Developer may 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 Developer because of actions of Developerthe BOCC, then the BOCC Developer shall be entitled to bring a legal action for damages.
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