Common use of By the Developer Clause in Contracts

By the Developer. the furnishing or making by or on behalf of the Developer of any statement or representation in connection with or under this Agreement or any of the Related Agreements that is false or misleading in any material respect;

By the Developer. the (i) The furnishing or making by or on behalf of the Developer of any statement or representation in connection with or under this Agreement or any of the Related Agreements that is false or misleading in any material respect; (ii) The failure by the Developer to timely perform any term, obligation, covenant or condition contained in this Agreement;