Common use of Default by the Developer Clause in Contracts

Default by the Developer. 20.1 In the event that the County claims that the Developer is in default in the observance and performance of any of the terms, covenants or conditions of this Agreement, the County may give the Developer THIRTY (30) days’ notice in writing of such claimed default and requiring the Developer to rectify same within the said period of THIRTY (30) days. 20.2 If the Developer denies that it is in default as claimed in such notice, the Developer shall within TEN (10) days of receipt of such notice request a reference to arbitration pursuant to the provisions of Section 21 hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of paragraph 20.1, have a period of THIRTY (30) days from the receipt of the arbitration ruling within which to rectify such default. 20.3 The Developer agrees that in the event that the County has given the 20.4 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 County pursuant to paragraph 20.1 and no arbitration been requested by the Developer or from confirmation of the default by the Arbitrator pursuant to paragraph 20.2, the County 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 County in respect thereof shall be at the Developer’s sole cost and expense. The Developer shall pay such costs to the County within THIRTY (30) days of receiving demand for payment from the County. 20.5 Notwithstanding anything to the contrary herein, in the event that the County, in its discretion, considers it necessary to undertake any immediate work in connection with the construction, installation or repair of the Municipal Improvements in a situation which the County considers to be an emergency, the County shall immediately notify the Developer of such situation and shall be entitled to then cause such work to be done; PROVIDED, that upon completion of said emergency work, the County shall give notice in writing to the Developer if the County claims that such repair work was made necessary by reason of a default on the part of the Developer in the observance or performance of the terms, covenants and conditions 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. 20.6 The Developer agrees that the County 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 County 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 County and the Developer. 20.8 The County and the Developer agree that any rights and remedies available to the County whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the County shall be entitled to enforce any right or remedy in any manner the County deems appropriate in its discretion without prejudicing or waiving any other right or remedy otherwise available to the County.

Default by the Developer. 20.1 In the event that the County claims that the Developer is in default in the observance and performance of any of the terms, covenants or conditions of this Agreement, the County may give the Developer THIRTY Thirty (30) days’ days notice in writing of such claimed default and requiring the Developer to rectify same within the said period of THIRTY Thirty (30) days. 20.2 If the Developer denies that it is in default as claimed in such notice, the Developer shall within TEN Ten (10) days of receipt of such notice request a reference to arbitration pursuant to the provisions of Section 21 hereof. If the Arbitrator confirms the claimed default, the Developer shall, notwithstanding the provisions of paragraph Section 20.1, have a period of THIRTY Thirty (30) days from the receipt of the arbitration ruling within which to rectify such default. 20.3 The Developer agrees that in the event that the County has given thethe Developer written notice of default and the Developer does not, within Ten (10) days of receipt of the written notice, dispute that it is in default, then the Developer shall conclusively be deemed to have acknowledged the default. 20.4 In the event that the Developer has failed to rectify such default within the period of THIRTY Thirty (30) days from the receipt of the notice of default Default provided by the County pursuant to paragraph Section 20.1 and no arbitration been requested by the Developer or from confirmation of the default by the Arbitrator pursuant to paragraph Section 20.2, the County 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 County in respect thereof shall be at the Developer’s sole cost and expense. The Developer shall pay such costs to the County within THIRTY Thirty (30) days of receiving demand for payment from the County. 20.5 Notwithstanding anything to the contrary herein, in the event that the County, in its discretion, considers it necessary to undertake any immediate work in connection with the construction, installation or repair of the Municipal Improvements in a situation which the County considers to be an emergency, the County shall immediately notify the Developer of such situation and shall be entitled to then cause such work to be done; PROVIDED, that upon completion of said emergency work, the County shall give notice in writing to the Developer if the County claims that such repair work was made necessary by reason of a default on the part of the Developer in the observance or performance of the terms, covenants and conditions of this Agreement, and if the Developer denies the claimed default, it shall within TEN Ten (10) days request a reference to arbitration pursuant to the provisions of Section 21 hereof. 20.6 The Developer agrees that the County 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 County 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 County and the Developer. 20.8 The County and the Developer agree that any rights and remedies available to the County whether specified in this Agreement or otherwise available at law, are cumulative and not alternative and the County shall be entitled to enforce any right or remedy in any manner the County deems appropriate in its discretion without prejudicing or waiving any other right or remedy otherwise available to the County.