City Performance. In the event that the City or the DDA fails to comply with or perform any of the warranties, representations, covenants, or agreements of the City or DDA, respectively, contained herein, such a failure shall constitute a default by the City or the DDA under this Agreement, and upon the failure of the City or the DDA to cure any default within forty five (45) days after written notice of the same, the Developer, at its option and within its sole discretion may (i) terminate this Agreement, either immediately or prospectively; or (ii) proceed and bring an action for specific performance of the City’s or DDA’s obligations, including temporary and permanent injunctive relief.
Appears in 5 contracts
Samples: Place West Development Agreement, Place West Development Agreement, Park District Development Agreement
City Performance. In the event that the City or the DDA fails to comply with or perform any of the warranties, representations, covenants, or agreements of the City or DDA, respectively, contained herein, such a failure shall constitute a default by the City or the DDA under this Agreement, and upon the failure of the City or the DDA to cure any default within forty five thirty (4530) days after written notice of the same, the Developer, at its option and within its sole discretion may (i) terminate this Agreement, either immediately or prospectively; or (ii) proceed with construction of the Project and bring an action for specific performance of the City’s or DDA’s obligations, including temporary and permanent injunctive relief.
Appears in 2 contracts
Samples: Park District Development Agreement, Park District Development Agreement
City Performance. In the event that the City or the DDA fails to comply with or perform any of the warranties, representations, covenants, or agreements of the City or DDA, respectively, contained herein, such a failure shall constitute a default by the City or the DDA under this Agreement, and upon the failure of the City or the DDA to cure any default within forty five thirty (4530) days after written notice of the same, the Developer, at its option and within its sole discretion may (i) terminate this Agreement, either immediately or prospectively; or (ii) proceed and bring an action for specific performance of the City’s or DDA’s obligations, including temporary and permanent injunctive relief.
Appears in 1 contract
Samples: Park District Development Agreement
City Performance. In the event that the City or the DDA fails to comply with or perform any of the warranties, representations, covenants, or agreements of the City or DDA, respectively, contained herein, such a failure shall constitute a default by the City or the DDA under this Agreement, and upon the failure of the City or the DDA to cure any default within thirty forty five (453045) days after written notice of the same, the Developer, at its option and within its sole discretion may (i) terminate this Agreement, either immediately or prospectively; or (ii) proceed and bring an action for specific performance of the City’s or DDA’s obligations, including temporary and permanent injunctive relief.
Appears in 1 contract
Samples: Park District Development Agreement