Common use of Default by the Developer Clause in Contracts

Default by the Developer. ‌ 1. In the event that the City claims that the Developer is in default in the observance and/or performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and conditions of Article VI hereof), the City shall give the Developer written notice of such claimed default with such notice requiring the Developer to rectify the same within a thirty (30) day period from the date of the written notice. 2. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereof, have a period of thirty (30) days from the receipt of the ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the Security. Time shall be of the essence hereof. 3. In the event that the City claims that the Developer is in default in the observance and performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give the Developer notice in writing of such claimed default, and shall by such notice either require the Developer to rectify such default with five (5) days of the receipt of such notice or notify the Developer that the City intends to rectify such default at the Developer's cost and expense. a. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. b. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has required the Developer to rectify same, the Developer shall have a period of five (5) days from receipt of the decision of the Arbitrator within which to rectify the default. c. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default as the Developer's cost and expense, the City shall proceed to rectify the default at the Developer's cost and expense immediately. d. Notwithstanding anything to the contrary herein, in the event that the Engineer in their absolute discretion considers it necessary to undertake any immediate work for the repair of any of the said paved or unpaved public roads, water and sewer lines and storm drainage system, in a situation the Engineer considers to be an emergency, the Engineer shall be entitled to cause such work to be done at the Developer's cost and expense without notification to the Developer; PROVIDED THAT upon completion of the said emergency repair work, the City shall give notice in writing at the earliest possible date to the Developer describing the nature of the work and advising that an invoice will be forthcoming. 4. The decision of the Arbitrator in any reference respecting a claimed default on the part of the Developer shall be final and binding upon the City and the Developer and shall not be the subject of any action or proceeding in any court. 5. In the event that: a. A confirmed default by the Developer has not been rectified by the Developer in accordance with the foregoing provisions; b. A confirmed default by the Developer has been rectified by the City in accordance with the foregoing provisions and the Developer fails to pay the cost and expense of such rectification within the five (5) days after receipt from the City of an account thereof; c. Emergency repair work has been done to the paved or unpaved public roads, water and or sewer lines and/or storm drainage system by the City in accordance with the foregoing provisions and a default on the part of the Developer has been confirmed as rendering such repair work necessary and if the Developer fails to pay the cost and expense of such repair work within five (5) days after receipt from the City of an account thereof; The City may invoke the provisions of Article VIII hereof and make demands as obligee under any Security provided by the Developer pursuant to the requirements of this Agreement.

Default by the Developer. ‌ 1. 21.1 In the event that the City claims Municipality is of the view that the Developer is in default in the observance and/or and performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and or conditions of Article VI hereof)this Agreement, the City shall Municipality may give the Developer written thirty (30) days’ notice in writing of such claimed default with such notice and requiring the Developer to rectify the same within a the said period of thirty (30) day period from the date of the written noticedays. 2. 21.2 If the Developer denies that it is in default as claimed in the notice provided pursuant to paragraph 21.1, the Developer shall, within fourteen (14) days of receipt of such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII Section 22 hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereofparagraph 21.1, have a period of thirty (30) days from the receipt of the arbitration ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default . 21.3 The Developer agrees that in the work and shall be entitled to invoice event the Municipality has given the Developer under written notice of default and the provisions Developer does not, within fourteen (14) days of Article VIII hereof and make demands as obligee on the Security. Time shall be receipt of the essence hereofwritten notice, dispute that it is in default, then the Developer shall conclusively be deemed to have acknowledged the default. 3. 21.4 In the event that the City claims that the Developer is in default in the observance and performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give the Developer notice in writing of such claimed default, and shall by such notice either require the Developer has failed to rectify such default with five within the period of thirty (530) days from the receipt of the notice of Default provided by the Municipality pursuant to paragraph 21.1 and no arbitration been requested by the Developer or from confirmation of the default by the Arbitrator pursuant to paragraph 21.2, the Municipality may, but shall not be obligated to, undertake any work it considers necessary in order to remedy such default and any costs or liability incurred by the Municipality in respect thereof shall be at the Developer’s sole cost and expense. The Developer shall pay such costs to the Municipality within thirty (30) days of receiving demand for payment from the receipt of such notice or notify the Developer that the City intends to rectify such default at the Developer's cost and expenseMunicipality. a. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. b. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has required the Developer to rectify same, the Developer shall have a period of five (5) days from receipt of the decision of the Arbitrator within which to rectify the default. c. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default as the Developer's cost and expense, the City shall proceed to rectify the default at the Developer's cost and expense immediately. d. 21.5 Notwithstanding anything to the contrary herein, in the event that the Engineer Municipality, in their absolute discretion its discretion, considers it necessary to undertake any immediate work for in connection with the construction, installation or repair of any of the said paved or unpaved public roads, water and sewer lines and storm drainage system, Local Improvements in a situation which the Engineer Municipality considers to be an emergency, the Engineer Municipality shall immediately notify the Developer of such situation and shall be entitled to then cause such work to be done at the Developer's cost and expense without notification to the Developer; PROVIDED THAT provided that upon completion of the said emergency repair work, the City Municipality shall give notice in writing at the earliest possible date to the Developer describing if the nature Municipality claims that such repair work was made necessary by reason of a default on the part of the work Developer in the observance or performance of the terms, covenants and advising that an invoice will be forthcomingconditions of this Agreement, and if the Developer denies the claimed default, it shall, within fourteen (14) days, request a reference to arbitration pursuant to the provisions of Section 22 hereof. 4. 21.6 The Developer agrees that the Municipality shall, for purposes of undertaking any emergency work or work to rectify a default, have free and uninterrupted access to all portions of the Development Area and any other areas under the control of the Developer and that the Municipality shall not be hindered nor restricted in any manner whatsoever in obtaining or exercising such right of access. 21.7 The decision of the Arbitrator in any reference respecting a claimed default on the part of the Developer shall be final and binding upon the City Municipality and the Developer. 21.8 The Municipality and the Developer agree that any rights and remedies available to the Municipality whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the Municipality shall not be the subject of entitled to enforce any action right or proceeding remedy in any court. 5. In manner the event that: a. A confirmed default by the Developer has not been rectified by the Developer Municipality deems appropriate in accordance with the foregoing provisions; b. A confirmed default by the Developer has been rectified by the City in accordance with the foregoing provisions and the Developer fails to pay the cost and expense of such rectification within the five (5) days after receipt from the City of an account thereof; c. Emergency repair work has been done its discretion without prejudicing or waiving any other right or remedy otherwise available to the paved or unpaved public roads, water and or sewer lines and/or storm drainage system by the City in accordance with the foregoing provisions and a default on the part of the Developer has been confirmed as rendering such repair work necessary and if the Developer fails to pay the cost and expense of such repair work within five (5) days after receipt from the City of an account thereof; The City may invoke the provisions of Article VIII hereof and make demands as obligee under any Security provided by the Developer pursuant to the requirements of this AgreementMunicipality.

Default by the Developer. ‌ 122.1. In the event that the City claims that the Developer is in default in the observance and/or or performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and or conditions of Article VI hereof)this Agreement, the City shall may give the Developer written THIRTY (30) days’ notice in writing of such claimed default with such notice and requiring the Developer to rectify the same within a thirty the said period of THIRTY (30) day period from the date of the written noticedays. 222.2. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately within TEN (10) days of receipt of such notice request a reference to arbitration pursuant to the provisions of Article XVII hereof23. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereofParagraph 22.1, have a period of thirty THIRTY (30) days from the receipt of the arbitration ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the Security. Time shall be of the essence hereof. 322.3. In The Developer agrees that in the event that the City claims that has given the Developer is in written notice of default in the observance and performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give the Developer notice in writing of such claimed defaultdoes not, and shall by such notice either require the Developer to rectify such default with five within TEN (510) days of the receipt of such notice or notify the Developer that the City intends to rectify such default at the Developer's cost and expense. a. If the Developer denies written notice, dispute that it is in default as claimed in such noticedefault, then the Developer shall immediately request a reference conclusively be deemed to arbitration pursuant to the provisions of Article XVII hereof. b. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has required the Developer to rectify same, the Developer shall have a period of five (5) days from receipt of the decision of the Arbitrator within which to rectify acknowledged the default. c. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default as the Developer's cost and expense, the City shall proceed to rectify the default at the Developer's cost and expense immediately. d. 22.4. Notwithstanding anything to the contrary herein, in the event that the Engineer City, in their absolute discretion its sole discretion, considers it necessary to undertake any immediate work for in connection with the construction, installation or repair of any of the said paved or unpaved public roads, water and sewer lines and storm drainage system, Municipal Improvements in a situation which the Engineer City considers to be an emergency, the Engineer City shall immediately notify the Developer of such situation and shall be entitled to then cause such work to be done at the Developer's cost ’s costs and expense without notification to the Developer; PROVIDED THAT expense, provided that upon completion of the said emergency repair work, the City shall give notice in writing at the earliest possible date to the Developer describing if the nature City claims that such repair work was made necessary by reason of a default on the part of the work Developer in the observance or performance of the terms, covenants and advising that an invoice will be forthcomingconditions of this Agreement, and if the Developer denies the claimed default, it shall within TEN (10) days request a reference to arbitration pursuant to the provisions of Article 23 hereof. 422.5. The Developer agrees that the City shall, for purposes of undertaking any emergency work, have free and uninterrupted access to all portions of the Development Area and any other areas under the control of the Developer and that the City shall not be hindered nor restricted in any manner whatsoever in obtaining or exercising such right of access. 22.6. The decision of the Arbitrator in any reference respecting a claimed default on the part of the Developer shall be final and binding upon the City and the Developer and shall not be the subject of any action or proceeding in any courtDeveloper. 522.7. In the event that: a. A confirmed default by the Developer has not been rectified by the Developer in accordance with the foregoing provisions; b. A confirmed default by the Developer has been rectified by the The City in accordance with the foregoing provisions and the Developer fails agree that any rights and remedies available to pay the cost and expense of such rectification within the five (5) days after receipt from the City of an account thereof; c. Emergency repair work has been done whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the City shall be entitled to enforce any right or remedy in any manner the City deems appropriate, in its sole discretion, without prejudicing or waiving any other right or remedy otherwise available to the paved or unpaved public roads, water and or sewer lines and/or storm drainage system by the City in accordance with the foregoing provisions and a default on the part of the Developer has been confirmed as rendering such repair work necessary and if the Developer fails to pay the cost and expense of such repair work within five (5) days after receipt from the City of an account thereof; The City may invoke the provisions of Article VIII hereof and make demands as obligee under any Security provided by the Developer pursuant to the requirements of this AgreementCity.

Default by the Developer. ‌ 1. 21.1 In the event that the City claims Municipality is of the view that the Developer is in default in the observance and/or and performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and or conditions of Article VI hereof)this Agreement, the City shall Municipality may give the Developer written thirty (30) days’ notice in writing of such claimed default with such notice and requiring the Developer to rectify the same within a the said period of thirty (30) day period from the date of the written noticedays. 2. 21.2 If the Developer denies that it is in default as claimed in the notice provided pursuant to Section 21.1, the Developer shall, within fourteen (14) days of receipt of such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII Section 22 hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereofSection 21.1, have a period of thirty (30) days from the receipt of the arbitration ruling of the Arbitrator within which to rectify such default. If . 21.3 The Developer agrees that in the said event the Municipality has given the Developer written notice of default and the Developer does not, within fourteen (14) days of receipt of the written notice, dispute that it is not rectified in default, then the City may complete and Developer shall conclusively be deemed to have acknowledged the default. 21.4 In the event that the Developer has failed to rectify such default within the period of thirty (30) days from the receipt of the notice of Default provided by the Municipality pursuant to Section 21.1 and no arbitration been requested by the Developer or from confirmation of the default by the Arbitrator pursuant to Section 21.2, the Municipality may, but shall not be obligated to, undertake any work it considers necessary in order to remedy such default and any costs or liability incurred by the Municipality in respect thereof shall be at the Developer’s sole cost and expense. The Developer shall pay such costs to the Municipality within thirty (30) days of receiving demand for payment from the Municipality. 21.5 Notwithstanding anything to the contrary in this Agreement, in the event that the Municipality, in its discretion, considers it necessary to undertake any immediate work in connection with the construction, installation or repair of the Local Improvements in a situation which the Municipality considers to be an emergency, the Municipality shall immediately notify the Developer of such situation and shall be entitled to invoice then cause such work to be done provided that upon completion of said emergency work, the Municipality shall give notice in writing to the Developer under if the provisions Municipality claims that such repair work was made necessary by reason of Article VIII hereof and make demands as obligee a default on the Security. Time shall be part of the essence hereof. 3. In the event that the City claims that the Developer is in default in the observance and or performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give and if the Developer notice in writing of such denies the claimed default, and shall by such notice either require the Developer to rectify such default with five it shall, within fourteen (514) days of the receipt of such notice or notify the Developer that the City intends to rectify such default at the Developer's cost and expense. a. If the Developer denies that it is in default as claimed in such noticedays, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII Section 22 hereof. b. If the Arbitrator confirms 21.6 The Developer agrees that the Developer is in default as claimed by Municipality shall, for purposes of undertaking any emergency work or work to rectify a default, have free and uninterrupted access to all portions of the City, Development Area and if any other areas under the City by its notice control of claimed default has required the Developer to rectify same, and that the Developer Municipality shall have a period not be hindered nor restricted in any manner whatsoever in obtaining or exercising such right of five (5) days from receipt of the decision of the Arbitrator within which to rectify the defaultaccess. c. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default as the Developer's cost and expense, the City shall proceed to rectify the default at the Developer's cost and expense immediately. d. Notwithstanding anything to the contrary herein, in the event that the Engineer in their absolute discretion considers it necessary to undertake any immediate work for the repair of any of the said paved or unpaved public roads, water and sewer lines and storm drainage system, in a situation the Engineer considers to be an emergency, the Engineer shall be entitled to cause such work to be done at the Developer's cost and expense without notification to the Developer; PROVIDED THAT upon completion of the said emergency repair work, the City shall give notice in writing at the earliest possible date to the Developer describing the nature of the work and advising that an invoice will be forthcoming. 4. 21.7 The decision of the Arbitrator in any reference respecting a claimed default on the part of the Developer shall be final and binding upon the City Municipality and the Developer. 21.8 The Municipality and the Developer agree that any rights and remedies available to the Municipality whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the Municipality shall not be the subject of entitled to 20 -DA- enforce any action right or proceeding remedy in any court. 5. In manner the event that: a. A confirmed default by the Developer has not been rectified by the Developer Municipality deems appropriate in accordance with the foregoing provisions; b. A confirmed default by the Developer has been rectified by the City in accordance with the foregoing provisions and the Developer fails to pay the cost and expense of such rectification within the five (5) days after receipt from the City of an account thereof; c. Emergency repair work has been done its discretion without prejudicing or waiving any other right or remedy otherwise available to the paved or unpaved public roads, water and or sewer lines and/or storm drainage system by the City in accordance with the foregoing provisions and a default on the part of the Developer has been confirmed as rendering such repair work necessary and if the Developer fails to pay the cost and expense of such repair work within five (5) days after receipt from the City of an account thereof; The City may invoke the provisions of Article VIII hereof and make demands as obligee under any Security provided by the Developer pursuant to the requirements of this AgreementMunicipality.

Default by the Developer. ‌ 1. 13.1 In the event that the City claims that the Developer is in default in the observance and/or performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and conditions of Article VI hereof), the City shall give the Developer written notice of such claimed default with such notice requiring the Developer to rectify the same within a thirty (30) day period from the date of the written notice. 2. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereof, have a period of thirty (30) days from the receipt of the ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the Security. Time shall be of the essence hereof. 3. In the event that the City Town claims that the Developer is in default in the observance and performance of the terms, covenants covenant and conditions of Article VI of the Agreement or the terms and conditions contained within the Municipal Improvements Policy and incorporated within this Agreement, the City shall Town: (a) in the case of a default that is not a default of a payment obligation, the Town may give the Developer notice in writing to the Developer of such claimed default, and shall by such notice either require default requiring the Developer to rectify such default with five the same, whereupon the Developer shall have a period of THIRTY (530) days of from the receipt of such notice or notify within which to rectify such default; (b) upon expiration of the above-noted rectification period, may give notice in writing to the Developer that of the City intends Town’s intentions to rectify such default at the Developer's cost ’s costs and expense. a. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. b. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has required the Developer to rectify same, whereupon the Developer shall have a period of five FIVE (5) days from the receipt of the decision of the Arbitrator within which such notice to rectify such default; and (c) in the case of a default of a payment obligation, the Town may give notice in writing to the Developer of such default, whereupon the Developer shall have a period FIVE (5) days from the receipt of such notice to rectify such default. c. If 13.2 Upon the Arbitrator confirms that occurrence of a default on the part of the Developer, the Town shall be entitled to any and all rights and remedies available at law or in equity including, without restriction: (a) the unfettered right to terminate this Agreement, in which event the Town shall be entitled at its option to take ownership and/or control of all or any portion of the Work without any further compensation to the Developer is whatsoever and without prejudice to any claims, rights of action or remedies available to the Town; (b) perform or otherwise rectify the Developer’s obligations in default as claimed default, in which event the Developer shall be responsible for payment in full of all costs and expenses incurred by the CityTown and shall immediately pay to the Town sufficient funds to cover all the Town’s costs and expenses upon demand; (c) invoke, cash, call upon, collect, enforce, and if otherwise make demands as payee under the City provisions of any and all security provided by its notice the Developer as security for obligations contained within this Agreement including, without restriction, make demand for payment in full of claimed default has elected to rectify any and all amounts secured by any mortgage, charge or encumbrance security, and draw upon any irrevocable letter of credit or bond security; or (d) expend, utilize, apply, and set off against any and all funds received or held by the default Town as security for the Developer's cost and expense’s obligations, for the City shall proceed to rectify the default at purposes of satisfying any of the Developer's cost and expense immediately’s obligations under this Agreement. d. 13.3 Notwithstanding anything to the contrary herein, in the event that the Engineer Town Representative in their his absolute discretion acting reasonable, considers it necessary to undertake any immediate work Work for the completion or repair of any of the said paved or unpaved public roads, water and sewer lines and storm drainage system, Municipal Improvements in a situation where the Engineer Town Representative considers it to be an emergency, the Engineer Town Representative shall be entitled to cause such work Work to be done to normal Town standards at the Developer's ’s cost and expense without notification to the Developer; PROVIDED THAT that, upon completion of the said emergency repair workWork, the City Town Representative shall give notice in writing at the earliest possible date to the Developer describing Developer, stating the nature of reasons for the work actions and advising that an invoice will be forthcominga detailed claim. 4. 13.4 The decision of Town and the Arbitrator Developer agree that any rights and remedies available to the Town and the Developer whether specified in any reference respecting a claimed default on this Agreement or otherwise available at law, are cumulative and not alternative and the part of Town and the Developer shall be final and binding upon entitled to enforce any right or remedy in any manner the City and Town or the Developer and shall not be the subject of deems appropriate in its discretion without prejudicing or waiving any action other right or proceeding in any court. 5. In the event that: a. A confirmed default by the Developer has not been rectified by the Developer in accordance with the foregoing provisions; b. A confirmed default by the Developer has been rectified by the City in accordance with the foregoing provisions and the Developer fails to pay the cost and expense of such rectification within the five (5) days after receipt from the City of an account thereof; c. Emergency repair work has been done remedy otherwise available to the paved Town or unpaved public roads, water and or sewer lines and/or storm drainage system by the City in accordance with the foregoing provisions and a default on the part of the Developer has been confirmed as rendering such repair work necessary and if the Developer fails to pay the cost and expense of such repair work within five (5) days after receipt from the City of an account thereof; The City may invoke the provisions of Article VIII hereof and make demands as obligee under any Security provided by the Developer pursuant to the requirements of this AgreementDeveloper.

Default by the Developer. ‌ 1. 13.1 In the event that the City Municipality claims that the Developer is in default in the observance and/or and performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and or conditions of Article VI hereof)this Agreement, the City shall Municipality may give the Developer written Thirty (30) days’ notice in writing of such claimed default with such notice and requiring the Developer to rectify the same within a thirty the said period of Thirty (30) day period from the date of the written noticedays. 2. 13.2 If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately within Ten (10) days of receipt of such notice request a reference to arbitration pursuant to the provisions of Article XVII Section 14 hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereofSection 13.1, have a period of thirty Thirty (30) days from the receipt of the arbitration ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default . 13.3 The Developer agrees that in the work and shall be entitled to invoice event that the Municipality has given the Developer under written notice of default and the provisions Developer does not, within Ten (10) days of Article VIII hereof and make demands as obligee on the Security. Time shall be receipt of the essence hereofwritten notice, dispute that it is in default, then the Developer shall conclusively be deemed to have acknowledged the default. 3. 13.4 In the event that the City claims that the Developer is in default in the observance and performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give the Developer notice in writing of such claimed default, and shall by such notice either require the Developer has failed to rectify such default with five within the period of Thirty (530) days from the receipt of the notice of Default provided by the Municipality pursuant to Section 13.1 and no arbitration been requested by the Developer or from confirmation of the default by the Arbitrator pursuant to Section 13.2, the Municipality may, but shall not be obligated to, undertake any work it considers necessary in order to remedy such default and any costs or liability incurred by the Municipality in respect thereof shall be at the Developer’s sole cost and expense. The Developer shall pay such costs to the Municipality within Thirty (30) days of receiving demand for payment from the receipt of such notice or notify the Developer that the City intends to rectify such default at the Developer's cost and expenseMunicipality. a. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. b. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has required the Developer to rectify same, the Developer shall have a period of five (5) days from receipt of the decision of the Arbitrator within which to rectify the default. c. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default as the Developer's cost and expense, the City shall proceed to rectify the default at the Developer's cost and expense immediately. d. 13.5 Notwithstanding anything to the contrary herein, in the event that the Engineer Municipality, in their absolute discretion its discretion, considers it necessary to undertake any immediate work for in connection with the construction, installation or repair of any of the said paved or unpaved public roads, water and sewer lines and storm drainage system, Improvements in a situation which the Engineer Municipality considers to be an emergency, the Engineer Municipality shall immediately notify the Developer of such situation and shall be entitled to then cause such work to be done at the Developer's cost and expense without notification to the Developerdone; PROVIDED THAT PROVIDED, that upon completion of the said emergency repair work, the City Municipality shall give notice in writing at the earliest possible date to the Developer describing if the nature Municipality claims that such repair work was made necessary by reason of a default on the part of the work Developer in the observance or performance of the terms, covenants and advising that an invoice will be forthcomingconditions of this Agreement, and if the Developer denies the claimed default, it shall within Ten (10) days request a reference to arbitration pursuant to the provisions of Section 14 hereof. 4. 13.6 The Developer agrees that the Municipality shall, for purposes of undertaking any emergency work or work to rectify a default, have free and uninterrupted access to all portions of the Development Area and any other areas under the control of the Developer and that the Municipality shall not be hindered nor restricted in any manner whatsoever in obtaining or exercising such right of access. 13.7 The decision of the Arbitrator in any reference respecting a claimed default on the part of the Developer shall be final and binding upon the City Municipality and the Developer. 13.8 The Municipality and the Developer agree that any rights and remedies available to the Municipality whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the Municipality shall not be the subject of entitled to enforce any action right or proceeding remedy in any court. 5. In manner the event that: a. A confirmed default by the Developer has not been rectified by the Developer Municipality deems appropriate in accordance with the foregoing provisions; b. A confirmed default by the Developer has been rectified by the City in accordance with the foregoing provisions and the Developer fails to pay the cost and expense of such rectification within the five (5) days after receipt from the City of an account thereof; c. Emergency repair work has been done its discretion without prejudicing or waiving any other right or remedy otherwise available to the paved or unpaved public roads, water and or sewer lines and/or storm drainage system by the City in accordance with the foregoing provisions and a default on the part of the Developer has been confirmed as rendering such repair work necessary and if the Developer fails to pay the cost and expense of such repair work within five (5) days after receipt from the City of an account thereof; The City may invoke the provisions of Article VIII hereof and make demands as obligee under any Security provided by the Developer pursuant to the requirements of this AgreementMunicipality.

Default by the Developer. ‌ 1. a) In the event that the City claims that the Developer is in default in the observance and/or and performance of any the terms, covenant or condition covenants and conditions of this Agreement (other than the terms, covenants and conditions of Article VI Clause 3.6 hereof), the City shall give the Developer written thirty (30) days’ notice in writing of such claimed default with and shall by such notice requiring either require the Developer to rectify the same such default within a thirty (30) day period from the date days of the written noticereceipt of such notice or notify the Developer that the City intends to rectify such default at the Developer’s costs and expense. 2. i. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII Clause 3.9 hereof. ii. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereof, have a period of thirty (30) days from the receipt of the ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the Security. Time shall be of the essence hereof. 3. In the event that the City claims that the Developer is in default in the observance and performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give the Developer notice in writing of such claimed default, and shall by such notice either require the Developer to rectify such default with five (5) days of the receipt of such notice or notify the Developer that the City intends to rectify such default at the Developer's cost and expense. a. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. b. If the Arbitrator arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has required the Developer to rectify same, the Developer shall have a period of five thirty (530) days from the receipt of the decision of the Arbitrator arbitrator within which to rectify the default. c. iii. If the Arbitrator arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default as at the Developer's cost costs and expense, the City shall proceed to rectify the default at the Developer's cost and expense immediatelyexpense. d. b) Notwithstanding anything to the contrary herein, in the event that the City Engineer in their his absolute discretion considers it necessary to undertake any immediate work for the repair of any of the said paved or unpaved public roads, water and sewer lines and storm drainage system, local improvements in a situation the Engineer considers to be an of emergency, the City Engineer shall be entitled to cause such work to be done at the Developer's cost and expense without notification to the Developer; , PROVIDED THAT that upon completion of the said emergency repair work, the City shall give notice in writing at the earliest possible date to the Developer describing if the nature City claims that such repair was made necessary by reason of a default on the part of the work Developer in the observance and advising that an invoice will be forthcomingperformance of the terms, covenants and conditions of Clause 3.6 of this Agreement, and if the Developer denies the claimed default, it shall immediately request a reference to arbitration pursuant to the provisions of Clause 3.9 hereof. 4. c) The decision of the Arbitrator arbitrator in any reference respecting a claimed default on the part of the Developer shall be final and binding upon the City and the Developer and shall not be the subject of any action or proceeding in any courtCourt. 5. d) In the event that: a. A i. a confirmed default by the Developer has not been rectified by the Developer in accordance with the foregoing provisions, or; b. A ii. a confirmed default by the Developer has been rectified by the City in accordance with the foregoing provisions and the Developer fails to pay the cost and expense of such rectification within the five (5) days after the receipt from the City of an account thereoftherefore, or; c. Emergency iii. emergency repair work has been done to the paved or unpaved public roads, water and or sewer lines and/or storm drainage system local improvements by the City in accordance with the foregoing provisions and a default on the part of the Developer has been confirmed as rendering such repair work necessary necessary, and if the Developer fails to pay the cost and expense of such repair work within five (5) days after the receipt from the City of an account thereof; account, based on actual invoices for work done and administration costs therefore, then which for the purposes of this Agreement shall be 10 percent (%). The City may invoke the provisions of Article VIII Clause 3.3 hereof and make demands as obligee obligated under any Security Performance Bonds or as payee under any Irrevocable Letters of Credit provided by the Developer pursuant to the requirements of this Agreement; iv. the Developer shall not be deemed to be in default in the performance of its obligations hereunder if any failure in performance of said obligations is due to fires, adverse weather conditions, the Queen's enemies, provided that lack of finances shall in no event be deemed a cause beyond the Developer's control.

Default by the Developer. ‌ 1. a) In the event that the City claims that the Developer is in default in the observance and/or and performance of any the terms, covenant or condition covenants and conditions of this Agreement (other than the terms, covenants and conditions of Article VI Clause 3.6 hereof), the City shall give the Developer written thirty (30) days notice in writing of such claimed default with and shall by such notice requiring either require the Developer to rectify the same such default within a thirty (30) day period from the date days of the written noticereceipt of such notice or notify the Developer that the City intends to rectify such default at the Developer’s costs and expense. 2. i. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII Clause 3.9 hereof. ii. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereof, have a period of thirty (30) days from the receipt of the ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the Security. Time shall be of the essence hereof. 3. In the event that the City claims that the Developer is in default in the observance and performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give the Developer notice in writing of such claimed default, and shall by such notice either require the Developer to rectify such default with five (5) days of the receipt of such notice or notify the Developer that the City intends to rectify such default at the Developer's cost and expense. a. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. b. If the Arbitrator arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has required the Developer to rectify same, the Developer shall have a period of five thirty (530) days from the receipt of the decision of the Arbitrator arbitrator within which to rectify the default. c. iii. If the Arbitrator arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default as at the Developer's cost costs and expense, the City shall proceed to rectify the default at the Developer's cost and expense immediatelyexpense. d. b) Notwithstanding anything to the contrary herein, in the event that the City Engineer in their his absolute discretion considers it necessary to undertake any immediate work for the repair of any of the said paved or unpaved public roads, water and sewer lines and storm drainage system, local improvements in a situation the Engineer considers to be an of emergency, the City Engineer shall be entitled to cause such work to be done at the Developer's cost and expense without notification to the Developer; , PROVIDED THAT that upon completion of the said emergency repair work, the City shall give notice in writing at the earliest possible date to the Developer describing if the nature City claims that such repair was made necessary by reason of a default on the part of the work Developer in the observance and advising that an invoice will be forthcomingperformance of the terms, covenants and conditions of Clause 3.6 of this Agreement, and if the Developer denies the claimed default, it shall immediately request a reference to arbitration pursuant to the provisions of Clause 3.9 hereof. 4. c) The decision of the Arbitrator arbitrator in any reference respecting a claimed default on the part of the Developer shall be final and binding upon the City and the Developer and shall not be the subject of any action or proceeding in any courtCourt. 5. d) In the event that: a. A i. a confirmed default by the Developer has not been rectified by the Developer in accordance with the foregoing provisions, or; b. A ii. a confirmed default by the Developer has been rectified by the City in accordance with the foregoing provisions and the Developer fails to pay the cost and expense of such rectification within the five (5) days after the receipt from the City of an account thereoftherefore, or; c. Emergency iii. emergency repair work has been done to the paved or unpaved public roads, water and or sewer lines and/or storm drainage system local improvements by the City in accordance with the foregoing provisions and a default on the part of the Developer has been confirmed as rendering such repair work necessary necessary, and if the Developer fails to pay the cost and expense of such repair work within five (5) days after the receipt from the City of an account thereof; account, based on actual invoices for work done and administration costs therefore, then which for the purposes of this Agreement shall be 10 percent (%). The City may invoke the provisions of Article VIII Clause 3.3 hereof and make demands as obligee obligated under any Security Performance Bonds or as payee under any Irrevocable Letters of Credit provided by the Developer pursuant to the requirements of this Agreement; iv. the Developer shall not be deemed to be in default in the performance of its obligations hereunder if any failure in performance of said obligations is due to fires, adverse weather conditions, the Queen's enemies, provided that lack of finances shall in no event be deemed a cause beyond the Developer's control.

Default by the Developer. ‌ 1. In the event that the City claims that the Developer is in default in the observance and/or performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and conditions of Article VI hereof), the City shall give the Developer written notice of such claimed default with such notice requiring the Developer to rectify the same within a thirty (30) day period from the date of the written notice. 2. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereof, have a period of thirty (30) days from the receipt of the ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the Security. Time shall be of the essence hereof. 3. In the event that the City claims that the Developer is in default in the observance and performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give the Developer notice in writing of such claimed default, and shall by such notice either require the Developer to rectify such default with five (5) days of the receipt of such notice or notify the Developer that the City intends to rectify such default at the Developer's cost and expense. a. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. b. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has required the Developer to rectify same, the Developer shall have a period of five (5) days from receipt of the decision of the Arbitrator within which to rectify the default. c. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default as the Developer's cost and expense, the City shall proceed to rectify the default at the Developer's cost and expense immediately. d. Notwithstanding anything to the contrary herein, in the event that the Engineer in their absolute discretion considers it necessary to undertake any immediate work for the repair of any of the said paved or unpaved public roads, water and sewer lines and storm drainage system, in a situation the Engineer considers to be an emergency, the Engineer shall be entitled to cause such work to be done at the Developer's cost and expense without notification to the Developer; PROVIDED THAT upon completion of the said emergency repair work, the City shall give notice in writing at the earliest possible date to the Developer describing the nature of the work and advising that an invoice will be forthcoming. 4. The decision of the Arbitrator in any reference respecting a claimed default on the part of the Developer shall be final and binding upon the City and the Developer and shall not be the subject of any action or proceeding in any court. 5. In the event that: a. A confirmed default by the Developer has not been rectified by the Developer in accordance with the foregoing provisions; b. A confirmed default by the Developer has been rectified by the City in accordance with the foregoing provisions and the Developer fails to pay the cost and expense of such rectification within the five (5) days after receipt from the City of an account thereof; c. Emergency repair work has been done to the paved or unpaved public roads, water and or sewer lines and/or storm drainage system by the City in accordance with the foregoing provisions and a default on the part of the Developer has been confirmed as rendering such repair work necessary and if the Developer fails to pay the cost and expense of such repair work within five (5) days after receipt from the City of an account thereof; The City may invoke the provisions of Article VIII hereof and make demands as obligee under any Security provided by the Developer pursuant to the requirements of this Agreement.

Default by the Developer. ‌ 122.1. In the event that the City claims that the Developer is in default in the observance and/or or performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and or conditions of Article VI hereof)this Agreement, the City shall may give the Developer written THIRTY (30) days notice in writing of such claimed default with such notice and requiring the Developer to rectify the same within a thirty the said period of THIRTY (30) day period from the date of the written noticedays. 222.2. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately within TEN (10) days of receipt of such notice request a reference to arbitration pursuant to the provisions of Article XVII hereof22. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereofParagraph 21.1, have a period of thirty THIRTY (30) days from the receipt of the arbitration ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the Security. Time shall be of the essence hereof. 322.3. In The Developer agrees that in the event that the City claims that has given the Developer is in written notice of default in the observance and performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give the Developer notice in writing of such claimed defaultdoes not, and shall by such notice either require the Developer to rectify such default with five within TEN (510) days of the receipt of such notice or notify the Developer that the City intends to rectify such default at the Developer's cost and expense. a. If the Developer denies written notice, dispute that it is in default as claimed in such noticedefault, then the Developer shall immediately request a reference conclusively be deemed to arbitration pursuant to the provisions of Article XVII hereof. b. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has required the Developer to rectify same, the Developer shall have a period of five (5) days from receipt of the decision of the Arbitrator within which to rectify acknowledged the default. c. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default as the Developer's cost and expense, the City shall proceed to rectify the default at the Developer's cost and expense immediately. d. 22.4. Notwithstanding anything to the contrary herein, in the event that the Engineer City, in their absolute discretion its sole discretion, considers it necessary to undertake any immediate work for in connection with the construction, installation or repair of any of the said paved or unpaved public roads, water and sewer lines and storm drainage system, Municipal Improvements in a situation which the Engineer City considers to be an emergency, the Engineer City shall immediately notify the Developer of such situation and shall be entitled to then cause such work to be done at the Developer's cost ’s costs and expense without notification to the Developer; PROVIDED THAT expense, provided that upon completion of the said emergency repair work, the City shall give notice in writing at the earliest possible date to the Developer describing if the nature City claims that such repair work was made necessary by reason of a default on the part of the work Developer in the observance or performance of the terms, covenants and advising that an invoice will be forthcomingconditions of this Agreement, and if the Developer denies the claimed default, it shall within TEN (10) days request a reference to arbitration pursuant to the provisions of Article 22 hereof. 422.5. The Developer agrees that the City shall, for purposes of undertaking any emergency work, have free and uninterrupted access to all portions of the Development Area and any other areas under the control of the Developer and that the City shall not be hindered nor restricted in any manner whatsoever in obtaining or exercising such right of access. 22.6. The decision of the Arbitrator in any reference respecting a claimed default on the part of the Developer shall be final and binding upon the City and the Developer and shall not be the subject of any action or proceeding in any courtDeveloper. 522.7. In the event that: a. A confirmed default by the Developer has not been rectified by the Developer in accordance with the foregoing provisions; b. A confirmed default by the Developer has been rectified by the The City in accordance with the foregoing provisions and the Developer fails agree that any rights and remedies available to pay the cost and expense of such rectification within the five (5) days after receipt from the City of an account thereof; c. Emergency repair work has been done whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the City shall be entitled to enforce any right or remedy in any manner the City deems appropriate, in its sole discretion, without prejudicing or waiving any other right or remedy otherwise available to the paved or unpaved public roads, water and or sewer lines and/or storm drainage system by the City in accordance with the foregoing provisions and a default on the part of the Developer has been confirmed as rendering such repair work necessary and if the Developer fails to pay the cost and expense of such repair work within five (5) days after receipt from the City of an account thereof; The City may invoke the provisions of Article VIII hereof and make demands as obligee under any Security provided by the Developer pursuant to the requirements of this AgreementCity.

Default by the Developer. ‌ 1. 20.1 In the event that the City Municipality claims that the Developer is in default in the observance and/or and performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and or conditions of Article VI hereof)this Agreement, the City shall Municipality may give the Developer written Thirty (30) days notice in writing of such claimed default with such notice and requiring the Developer to rectify the same within a thirty the said period of Thirty (30) day period from the date of the written noticedays. 2. 20.2 If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately within Ten (10) days of receipt of such notice request a reference to arbitration pursuant to the provisions of Article XVII Section 21 hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereofSection 20.1, have a period of thirty Thirty (30) days from the receipt of the arbitration ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default . 20.3 The Developer agrees that in the work and shall be entitled to invoice event that the Municipality has given the Developer under written notice of default and the provisions Developer does not, within Ten (10) days of Article VIII hereof and make demands as obligee on the Security. Time shall be receipt of the essence hereofwritten notice, dispute that it is in default, then the Developer shall conclusively be deemed to have acknowledged the default. 3. 20.4 In the event that the City claims that the Developer is in default in the observance and performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give the Developer notice in writing of such claimed default, and shall by such notice either require the Developer has failed to rectify such default with five within the period of Thirty (530) days from the receipt of the notice of Default provided by the Municipality pursuant to Section 20.1 and no arbitration been requested by the Developer or from confirmation of the default by the Arbitrator pursuant to Section 20.2, the Municipality may, but shall not be obligated to, undertake any work it considers necessary in order to remedy such default and any costs or liability incurred by the Municipality in respect thereof shall be at the Developer’s sole cost and expense. The Developer shall pay such costs to the Municipality within Thirty (30) days of receiving demand for payment from the receipt of such notice or notify the Developer that the City intends to rectify such default at the Developer's cost and expenseMunicipality. a. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. b. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has required the Developer to rectify same, the Developer shall have a period of five (5) days from receipt of the decision of the Arbitrator within which to rectify the default. c. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default as the Developer's cost and expense, the City shall proceed to rectify the default at the Developer's cost and expense immediately. d. 20.5 Notwithstanding anything to the contrary herein, in the event that the Engineer Municipality, in their absolute discretion its discretion, considers it necessary to undertake any immediate work for in connection with the construction, installation or repair of any of the said paved or unpaved public roads, water and sewer lines and storm drainage system, Municipal Improvements in a situation which the Engineer Municipality considers to be an emergency, the Engineer Municipality shall immediately notify the Developer of such situation and shall be entitled to then cause such work to be done at the Developer's cost and expense without notification to the Developerdone; PROVIDED THAT PROVIDED, that upon completion of the said emergency repair work, the City Municipality shall give notice in writing at the earliest possible date to the Developer describing if the nature Municipality claims that such repair work was made necessary by reason of a default on the part of the work Developer in the observance or performance of the terms, covenants and advising that an invoice will be forthcomingconditions of this Agreement, and if the Developer denies the claimed default, it shall within Ten (10) days request a reference to arbitration pursuant to the provisions of Section 21 hereof. 4. 20.6 The Developer agrees that the Municipality shall, for purposes of undertaking any work under this Section, have free and uninterrupted access to all portions of the Development Area and any other areas under the control of the Developer and that the Municipality shall not be hindered nor restricted in any manner whatsoever in obtaining or exercising such right of access. 20.7 The decision of the Arbitrator in any reference respecting a claimed default on the part of the Developer shall be final and binding upon the City Municipality and the Developer. 20.8 The Municipality and the Developer agree that any rights and remedies available to the Municipality whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the Municipality shall not be the subject of entitled to enforce any action right or proceeding remedy in any court. 5. In manner the event that: a. A confirmed default by the Developer has not been rectified by the Developer Municipality deems appropriate in accordance with the foregoing provisions; b. A confirmed default by the Developer has been rectified by the City in accordance with the foregoing provisions and the Developer fails to pay the cost and expense of such rectification within the five (5) days after receipt from the City of an account thereof; c. Emergency repair work has been done its discretion without prejudicing or waiving any other right or remedy otherwise available to the paved or unpaved public roads, water and or sewer lines and/or storm drainage system by the City in accordance with the foregoing provisions and a default on the part of the Developer has been confirmed as rendering such repair work necessary and if the Developer fails to pay the cost and expense of such repair work within five (5) days after receipt from the City of an account thereof; The City may invoke the provisions of Article VIII hereof and make demands as obligee under any Security provided by the Developer pursuant to the requirements of this AgreementMunicipality.

Default by the Developer. ‌ 1. In the event that the City claims that the Developer is in default in the observance and/or performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and conditions of Article VI hereof), the City shall give the Developer written notice of such claimed default with such notice requiring the Developer to rectify the same within a thirty (30) day period from the date of the written notice. 2. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereof, have a period of thirty (30) days from the receipt of the ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the Securitysecurity. Time shall be of the essence hereof. 3. 3 a. In the event that the City claims that the Developer is in default in the observance and performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give the Developer notice in writing of such claimed default, and shall by such notice either require the Developer to rectify such default with five (5) days of the receipt of such notice or notify the Developer that the City intends to rectify such default at the Developer's cost and expense. a. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. b. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has required the Developer to rectify same, the Developer shall have a period of five (5) days from receipt of the decision of the Arbitrator within which to rectify the default. c. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default as the Developer's cost and expense, the City shall proceed to rectify the default at the Developer's cost and expense immediately. d. Notwithstanding anything to the contrary herein, in the event that the Engineer in their absolute discretion considers it necessary to undertake any immediate work for the repair of any of the said paved or unpaved public roads, water and sewer lines and storm drainage system, in a situation the Engineer considers to be an emergency, the Engineer shall be entitled to cause such work to be done at the Developer's cost and expense without notification to the Developer; PROVIDED THAT upon completion of the said emergency repair work, the City shall give notice in writing at the earliest possible date to the Developer describing the nature of the work and advising that an invoice will be forthcoming. 4. The decision of the Arbitrator in any reference respecting a claimed default on the part of the Developer shall be final and binding upon the City and the Developer and shall not be the subject of any action or proceeding in any court. 5. In the event that: a. A confirmed default by the Developer has not been rectified by the Developer in accordance with the foregoing provisions; b. A confirmed default by the Developer has been rectified by the City in accordance with the foregoing provisions and the Developer fails to pay the cost and expense of such rectification within the five (5) days after receipt from the City of an account thereof; c. Emergency repair work has been done to the paved or unpaved public roads, water and or sewer lines and/or storm drainage system by the City in accordance with the foregoing provisions and a default on the part of the Developer has been confirmed as rendering such repair work necessary and if the Developer fails to pay the cost and expense of such repair work within five (5) days after receipt from the City of an account thereof; The City may invoke the provisions of Article VIII hereof and make demands as obligee under any Security provided by the Developer pursuant to the requirements of this Agreement.

Default by the Developer. ‌ 1. 22.1 In the event that the City claims that the Developer is in default in the observance and/or or performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and or conditions of Article VI hereof)this Agreement, the City shall may give the Developer written THIRTY (30) days’ notice in writing of such claimed default with such notice and requiring the Developer to rectify the same within a thirty the said period of THIRTY (30) day period from the date of the written noticedays. 2. 22.2 If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately within TEN (10) days of receipt of such notice request a reference to arbitration pursuant to the provisions of Article XVII hereof23. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereofParagraph 22.1, have a period of thirty THIRTY (30) days from the receipt of the arbitration ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the Security. Time shall be of the essence hereof. 3. In 22.3 The Developer agrees that in the event that the City claims that has given the Developer is in written notice of default in the observance and performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give the Developer notice in writing of such claimed defaultdoes not, and shall by such notice either require the Developer to rectify such default with five within TEN (510) days of the receipt of such notice or notify the Developer that the City intends to rectify such default at the Developer's cost and expense. a. If the Developer denies written notice, dispute that it is in default as claimed in such noticedefault, then the Developer shall immediately request a reference conclusively be deemed to arbitration pursuant to the provisions of Article XVII hereof. b. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has required the Developer to rectify same, the Developer shall have a period of five (5) days from receipt of the decision of the Arbitrator within which to rectify acknowledged the default. c. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default as the Developer's cost and expense, the City shall proceed to rectify the default at the Developer's cost and expense immediately. d. 22.4 Notwithstanding anything to the contrary herein, in the event that the Engineer City, in their absolute discretion its sole discretion, considers it necessary to undertake any immediate work for in connection with the construction, installation or repair of any of the said paved or unpaved public roads, water and sewer lines and storm drainage system, Municipal Improvements in a situation which the Engineer City considers to be an emergency, the Engineer City shall immediately notify the Developer of such situation and shall be entitled to then cause such work to be done at the Developer's cost ’s costs and expense without notification to the Developer; PROVIDED THAT expense, provided that upon completion of the said emergency repair work, the City shall give notice in writing at the earliest possible date to the Developer describing if the nature City claims that such repair work was made necessary by reason of a default on the part of the work Developer in the observance or performance of the terms, covenants and advising that an invoice will be forthcomingconditions of this Agreement, and if the Developer denies the claimed default, it shall within TEN (10) days request a reference to arbitration pursuant to the provisions of Article 23 hereof. 4. 22.5 The Developer agrees that the City shall, for purposes of undertaking any emergency work, have free and uninterrupted access to all portions of the Development Area and any other areas under the control of the Developer and that the City shall not be hindered nor restricted in any manner whatsoever in obtaining or exercising such right of access. 22.6 The decision of the Arbitrator in any reference respecting a claimed default on the part of the Developer shall be final and binding upon the City and the Developer and shall not be the subject of any action or proceeding in any courtDeveloper. 5. In the event that: a. A confirmed default by the Developer has not been rectified by the Developer in accordance with the foregoing provisions; b. A confirmed default by the Developer has been rectified by the 22.7 The City in accordance with the foregoing provisions and the Developer fails agree that any rights and remedies available to pay the cost and expense of such rectification within the five (5) days after receipt from the City of an account thereof; c. Emergency repair work has been done whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the City shall be entitled to enforce any right or remedy in any manner the City deems appropriate, in its sole discretion, without prejudicing or waiving any other right or remedy otherwise available to the paved or unpaved public roads, water and or sewer lines and/or storm drainage system by the City in accordance with the foregoing provisions and a default on the part of the Developer has been confirmed as rendering such repair work necessary and if the Developer fails to pay the cost and expense of such repair work within five (5) days after receipt from the City of an account thereof; The City may invoke the provisions of Article VIII hereof and make demands as obligee under any Security provided by the Developer pursuant to the requirements of this AgreementCity.

Default by the Developer. ‌ 1. 13.1 In the event that the City claims that the Developer is in default in the observance and/or performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and conditions of Article VI hereof), the City shall give the Developer written notice of such claimed default with such notice requiring the Developer to rectify the same within a thirty (30) day period from the date of the written notice. 2. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereof, have a period of thirty (30) days from the receipt of the ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default in the work and shall be entitled to invoice the Developer under the provisions of Article VIII hereof and make demands as obligee on the Security. Time shall be of the essence hereof. 3. In the event that the City Town claims that the Developer is in default in the observance and performance of the terms, covenants covenant and conditions of Article VI of the Agreement or the terms and conditions contained within the Municipal Improvements Policy and incorporated within this Agreement, the City shall Town: (a) in the case of a default that is not a default of a payment obligation, the Town may give the Developer notice in writing to the Developer of such claimed default, and shall by such notice either require default requiring the Developer to rectify such default with five the same, whereupon the Developer shall have a period of THIRTY (530) days of DAYS from the receipt of such notice or notify within which to rectify such default; (b) upon expiration of the above-noted rectification period, may give notice in writing to the Developer that of the City intends Town’s intentions to rectify such default at the Developer's cost ’s costs and expense. a. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. b. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has required the Developer to rectify same, whereupon the Developer shall have a period of five FIVE (5) days DAYS from the receipt of the decision of the Arbitrator within which such notice to rectify such default; and (c) in the case of a default of a payment obligation, the Town may give notice in writing to the Developer of such default, whereupon the Developer shall have a period FIVE (5) DAYS from the receipt of such notice to rectify such default. c. If 13.2 Upon the Arbitrator confirms that occurrence of a default on the part of the Developer, the Town shall be entitled to any and all rights and remedies available at law or in equity including, without restriction: (a) the unfettered right to terminate this Agreement, in which event the Town shall be entitled at its option to take ownership and/or control of all or any portion of the Work without any further compensation to the Developer is whatsoever and without prejudice to any claims, rights of action or remedies available to the Town; (b) perform or otherwise rectify the Developer’s obligations in default as claimed default, in which event the Developer shall be responsible for payment in full of all costs and expenses incurred by the CityTown and shall immediately pay to the Town sufficient funds to cover all the Town’s costs and expenses upon demand; (c) invoke, cash, call upon, collect, enforce, and if otherwise make demands as payee under the City provisions of any and all security provided by its notice the Developer as security for obligations contained within this Agreement including, without restriction, make demand for payment in full of claimed default has elected to rectify any and all amounts secured by any mortgage, charge or encumbrance security, and draw upon any irrevocable letter of credit or bond security; or (d) expend, utilize, apply, and set off against any and all funds received or held by the default Town as security for the Developer's cost and expense’s obligations, for the City shall proceed to rectify the default at purposes of satisfying any of the Developer's cost and expense immediately’s obligations under this Agreement. d. 13.3 Notwithstanding anything to the contrary herein, in the event that the Engineer Town Representative in their his absolute discretion acting reasonable, considers it necessary to undertake any immediate work Work for the completion or repair of any of the said paved or unpaved public roads, water and sewer lines and storm drainage system, Municipal Improvements in a situation where the Engineer Town Representative considers it to be an emergency, the Engineer Town Representative shall be entitled to cause such work Work to be done to normal Town standards at the Developer's ’s cost and expense without notification to the Developer; PROVIDED THAT that, upon completion of the said emergency repair workWork, the City Town Representative shall give notice in writing at the earliest possible date to the Developer describing Developer, stating the nature of reasons for the work actions and advising that an invoice will be forthcominga detailed claim. 4. 13.4 The decision of Town and the Arbitrator Developer agree that any rights and remedies available to the Town and the Developer whether specified in any reference respecting a claimed default on this Agreement or otherwise available at law, are cumulative and not alternative and the part of Town and the Developer shall be final and binding upon entitled to enforce any right or remedy in any manner the City and Town or the Developer and shall not be the subject of deems appropriate in its discretion without prejudicing or waiving any action other right or proceeding in any court. 5. In the event that: a. A confirmed default by the Developer has not been rectified by the Developer in accordance with the foregoing provisions; b. A confirmed default by the Developer has been rectified by the City in accordance with the foregoing provisions and the Developer fails to pay the cost and expense of such rectification within the five (5) days after receipt from the City of an account thereof; c. Emergency repair work has been done remedy otherwise available to the paved Town or unpaved public roads, water and or sewer lines and/or storm drainage system by the City in accordance with the foregoing provisions and a default on the part of the Developer has been confirmed as rendering such repair work necessary and if the Developer fails to pay the cost and expense of such repair work within five (5) days after receipt from the City of an account thereof; The City may invoke the provisions of Article VIII hereof and make demands as obligee under any Security provided by the Developer pursuant to the requirements of this AgreementDeveloper.

Default by the Developer. ‌ 1. 13.1 In the event that the City Municipality claims that the Developer is in default in the observance and/or and performance of any terms, covenant or condition of this Agreement (other than the terms, covenants and or conditions of Article VI hereof)this Agreement, the City shall Municipality may give the Developer written Thirty (30) days notice in writing of such claimed default with such notice and requiring the Developer to rectify the same within a thirty the said period of Thirty (30) day period from the date of the written noticedays. 2. 13.2 If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately within Ten (10) days of receipt of such notice request a reference to arbitration pursuant to the provisions of Article XVII Section 14 hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of subparagraph 1 hereofSection 13.1, have a period of thirty Thirty (30) days from the receipt of the arbitration ruling of the Arbitrator within which to rectify such default. If the said default is not rectified the City may complete and rectify such default . 13.3 The Developer agrees that in the work and shall be entitled to invoice event that the Municipality has given the Developer under written notice of default and the provisions Developer does not, within Ten (10) days of Article VIII hereof and make demands as obligee on the Security. Time shall be receipt of the essence hereofwritten notice, dispute that it is in default, then the Developer shall conclusively be deemed to have acknowledged the default. 3. 13.4 In the event that the City claims that the Developer is in default in the observance and performance of the terms, covenants and conditions of Article VI of this Agreement, the City shall give the Developer notice in writing of such claimed default, and shall by such notice either require the Developer has failed to rectify such default with five within the period of Thirty (530) days from the receipt of the notice of Default provided by the Municipality pursuant to Section 13.1 and no arbitration been requested by the Developer or from confirmation of the default by the Arbitrator pursuant to Section 13.2, the Municipality may, but shall not be obligated to, undertake any work it considers necessary in order to remedy such default and any costs or liability incurred by the Municipality in respect thereof shall be at the Developer’s sole cost and expense. The Developer shall pay such costs to the Municipality within Thirty (30) days of receiving demand for payment from the receipt of such notice or notify the Developer that the City intends to rectify such default at the Developer's cost and expenseMunicipality. a. If the Developer denies that it is in default as claimed in such notice, the Developer shall immediately request a reference to arbitration pursuant to the provisions of Article XVII hereof. b. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has required the Developer to rectify same, the Developer shall have a period of five (5) days from receipt of the decision of the Arbitrator within which to rectify the default. c. If the Arbitrator confirms that the Developer is in default as claimed by the City, and if the City by its notice of claimed default has elected to rectify the default as the Developer's cost and expense, the City shall proceed to rectify the default at the Developer's cost and expense immediately. d. 13.5 Notwithstanding anything to the contrary herein, in the event that the Engineer Municipality, in their absolute discretion its discretion, considers it necessary to undertake any immediate work for in connection with the construction, installation or repair of any of the said paved or unpaved public roads, water and sewer lines and storm drainage system, Municipal Improvements in a situation which the Engineer Municipality considers to be an emergency, the Engineer Municipality shall immediately notify the Developer of such situation and shall be entitled to then cause such work to be done at the Developer's cost and expense without notification to the Developerdone; PROVIDED THAT PROVIDED, that upon completion of the said emergency repair work, the City Municipality shall give notice in writing at the earliest possible date to the Developer describing if the nature Municipality claims that such repair work was made necessary by reason of a default on the part of the work Developer in the observance or performance of the terms, covenants and advising that an invoice will be forthcomingconditions of this Agreement, and if the Developer denies the claimed default, it shall within Ten (10) days request a reference to arbitration pursuant to the provisions of Section 14 hereof. 4. 13.6 The Developer agrees that the Municipality shall, for purposes of undertaking any emergency work or work to rectify a default, have free and uninterrupted access to all portions of the Development Area and any other areas under the control of the Developer and that the Municipality shall not be hindered nor restricted in any manner whatsoever in obtaining or exercising such right of access. 13.7 The decision of the Arbitrator in any reference respecting a claimed default on the part of the Developer shall be final and binding upon the City Municipality and the Developer. 13.8 The Municipality and the Developer agree that any rights and remedies available to the Municipality whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the Municipality shall not be the subject of entitled to enforce any action right or proceeding remedy in any court. 5. In manner the event that: a. A confirmed default by the Developer has not been rectified by the Developer Municipality deems appropriate in accordance with the foregoing provisions; b. A confirmed default by the Developer has been rectified by the City in accordance with the foregoing provisions and the Developer fails to pay the cost and expense of such rectification within the five (5) days after receipt from the City of an account thereof; c. Emergency repair work has been done its discretion without prejudicing or waiving any other right or remedy otherwise available to the paved or unpaved public roads, water and or sewer lines and/or storm drainage system by the City in accordance with the foregoing provisions and a default on the part of the Developer has been confirmed as rendering such repair work necessary and if the Developer fails to pay the cost and expense of such repair work within five (5) days after receipt from the City of an account thereof; The City may invoke the provisions of Article VIII hereof and make demands as obligee under any Security provided by the Developer pursuant to the requirements of this AgreementMunicipality.