Compliance with Schedule of Performance; Extensions Sample Clauses

Compliance with Schedule of Performance; Extensions. City and Developer intend that the planning and development of Phase I shall be achieved pursuant to the Development Plan for Phase I and the Schedule of Performance, and Developer shall use commercially reasonable efforts to develop Phase I in accordance with the Schedule of Performance. Subject to any extensions granted by City, to extensions for force majeure events as described in Section 4.2, and to Developer’s exercise of its extension rights as provided in this Section 4.3, if Developer fails to comply with the Schedule of Performance, then this Agreement shall automatically terminate as City’s sole remedy. No notice of such termination shall be required, as the passage of time without completion of the appointed task cannot be cured and is not a default. Developer may at any time request an extension of the dates set forth in the Schedule of Performance; however, City may grant or deny any such request in its unfettered discretion. So long as Developer is not then in default under the DDA, Developer shall have the right to extend the time for performance of any item listed on the Schedule of Performance as hereafter provided. Developer may extend any item listed on the Schedule of Performance once for a period not to exceed six (6) months by giving written notice to City not less than forty-five (45) days before the then-scheduled performance date. Developer may extend any item listed on the Schedule of Performance (whether or not a prior extension has been obtained) for an additional period not to exceed one (1) year, by giving written notice to City not less than forty five (45) days before the then- scheduled performance date and paying to City a nonrefundable extension fee of $100,000; such extension fee shall not be applicable to any other fees payable hereunder or under any Lease.
Sample 1
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Compliance with Schedule of Performance; Extensions. If Developer fails to comply with the Schedule of Performance, then this Agreement shall automatically terminate, subject, however, to the provisions of Section 3.3. No notice of such termination shall be required, as the passage of time without completion of the appointed task cannot be cured. From time to time following the Effective Date, however, Developer and City may, by mutual written agreement, refine and revise the Development Plan and Schedule of Performance as may be necessary to accommodate any factors, events or occurrences that may necessitate such refinement or revision, and the Parties shall negotiate in good faith any such agreement. So long as Developer is not then in default under this Agreement, Developer shall have the right to extend the time for performance of the milestones listed on the Schedule of Performance as hereafter provided. Developer may extend one item (which shall operate to extend all subsequent items for the same period) listed on the Schedule of Performance once for a period of six (6) months by giving written notice to City not less than forty-five (45) days before the then scheduled performance date. Developer may extend an additional item (which shall operate to extend all subsequent items for the same period) listed on the Schedule of Performance (whether or not a prior extension has been obtained) for an additional period not to exceed six (6) months, by giving written notice to City not less than forty-five (45) days before the then-scheduled performance date, and payment to City of a nonrefundable extension fee of $100,000, provided that Developer may elect to have the Public Amenities Cost Share reduced by $100,000 instead of paying such nonrefundable extension fee directly to the City.
Sample 1
Compliance with Schedule of Performance; Extensions. If Developer fails to comply with the Schedule of Performance, then this Agreement shall automatically terminate as to any portion of the Project not completed as of the date of termination. No notice of such termination shall be required, as the passage of time without completion of the appointed task cannot be cured. From time to time following the Effective Date, however, Developer and City may, by mutual written agreement, refine and revise the Development Plan and Schedule of Performance as may be necessary to accommodate any factors, events or occurrences which may necessitate such refinement or revision. So long as no then-current Developer Default is continuing, Developer shall also have the right to extend the time for performance of any item listed on the Schedule of Performance as hereafter provided. Developer may extend any item (which shall operate to extend all subsequent items for the same period) listed on the Schedule of Performance once for a period not to exceed 6 months by giving written notice to City not less than 45 days before the then-scheduled performance date. Developer may extend any item listed on the Schedule of Performance (whether or not a prior extension has been obtained) for an additional period not to exceed one (1) year, by giving written notice to City not less than forty- five (45) days before the then-scheduled performance date and paying to City a nonrefundable extension fee of $100,000.00; such extension fee shall not be applicable to any other fees payable hereunder or under any Lease. Nothing in this Section 3.2 is intended to affect the matters covered in Section 3.3 or Schedule 3.3.1.
Sample 1

Related to Compliance with Schedule of Performance; Extensions

  • Schedule of Performance Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

  • Prohibition of Performance Requirements 1. The provisions of the Agreement on Trade-Related Investment Measures in Annex 1A to the WTO Agreement (TRIMs), which are not specifically mentioned in or modified by this Agreement, shall apply, mutatis mutandis, to this Agreement.

  • Evaluation of Performance School, in conjunction with Company personnel, is responsible for and shall make arrangements for evaluating Student’s performance during the clinical program.

  • Manner of Performance Subject to the provisions of Article XII hereof, the Contractor shall perform all of the Work described in the Statement of Work, or cause such Work to be performed in an efficient and expeditious manner and in accordance with all of the terms and provisions of this Agreement. The Contractor shall perform the Work in accordance with the current professional standards and with the diligence and skill expected for the performance of work of the type described in the Statement of Work. The Contractor shall furnish such personnel and shall procure such materials, machinery, supplies, tools, equipment and other items as may reasonably be necessary or appropriate to perform the Work in accordance with this Agreement.

  • Suspension of Performance Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.

  • Commencement of Performance This Agreement is of no force and effect until signed by both parties and all JBE-required approvals are secured. Any commencement of performance prior to Agreement approval shall be at Contractor's own risk.

  • Availability of Performance Order If, and to the extent that, a breach of this contract has been caused by a Relevant Force Majeure Event, the Non-affected Party shall not be entitled to a Performance Order except to secure performance by the Affected Party of its obligations under this Clause 17.

  • Assessment of Performance The assignment of a teacher to a TLS position will be subject to review by the school district’s administration at least annually. The first review must be completed no later than five (5) work days before the beginning of the transfer process. The review shall include peer feedback on the effectiveness of the teacher’s performance of duty specific to the teacher’s TLS position. A teacher who completes an assignment in a TLS position may apply for assignment to a new TLS position.

  • Monitoring of Performance Vendor shall continuously monitor and record its performance to ensure that all of Vendor's responsibilities and obligations hereunder are being met and fulfilled. Citizens may conduct programmatic and other administrative contract monitoring during the term of this Agreement. The purpose of this monitoring is to ensure that all of Vendor's responsibilities and obligations are being met and fulfilled. Such monitoring may include on-site visits, report reviews, invoice reviews, compliance reviews, and a review of any other areas reasonably necessary. Vendor acknowledges and agrees that Citizens may also monitor and record Vendor Staff communications to the extent they occur within or are connected to any Citizens’ resource, such as electronic or telecommunications systems.

  • Covenants of Performance Measurement No interference. Registry Operator shall not interfere with measurement Probes, including any form of preferential treatment of the requests for the monitored services. Registry Operator shall respond to the measurement tests described in this Specification as it would to any other request from an Internet user (for DNS and RDDS) or registrar (for EPP). ICANN testing registrar. Registry Operator agrees that ICANN will have a testing registrar used for purposes of measuring the SLRs described above. Registry Operator agrees to not provide any differentiated treatment for the testing registrar other than no billing of the transactions. ICANN shall not use the registrar for registering domain names (or other registry objects) for itself or others, except for the purposes of verifying contractual compliance with the conditions described in this Agreement. PUBLIC INTEREST COMMITMENTS Registry Operator will use only ICANN accredited registrars that are party to the Registrar Accreditation Agreement approved by the ICANN Board of Directors on 27 June 2013 in registering domain names. A list of such registrars shall be maintained by ICANN on ICANN’s website. (Intentionally omitted. Registry Operator has not included commitments, statements of intent or business plans provided for in its application to ICANN for the TLD.) Registry Operator agrees to perform the following specific public interest commitments, which commitments shall be enforceable by ICANN and through the Public Interest Commitment Dispute Resolution Process established by ICANN (posted at xxxx://xxx.xxxxx.xxx/en/resources/registries/picdrp), which may be revised in immaterial respects by ICANN from time to time (the “PICDRP”). Registry Operator shall comply with the PICDRP. Registry Operator agrees to implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement pursuant to Section 4.3(e) of the Agreement) following a determination by any PICDRP panel and to be bound by any such determination. Registry Operator will include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreements a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name. Registry Operator will periodically conduct a technical analysis to assess whether domains in the TLD are being used to perpetrate security threats, such as pharming, phishing, malware, and botnets. Registry Operator will maintain statistical reports on the number of security threats identified and the actions taken as a result of the periodic security checks. Registry Operator will maintain these reports for the term of the Agreement unless a shorter period is required by law or approved by ICANN, and will provide them to ICANN upon request. Registry Operator will operate the TLD in a transparent manner consistent with general principles of openness and non-discrimination by establishing, publishing and adhering to clear registration policies.

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