Common use of Developer’s Discretion Clause in Contracts

Developer’s Discretion. Subject to Section 3.10, nothing in this Amended Agreement shall obligate the RVMA or any Developer to construct the Project or any particular Project Site, and the RVMA or Developers, as the case may be, shall have the discretion to determine whether to construct each Project Site based on such Developer’s business judgment; provided, however, that once construction has begun on a Project Site, the relevant Developer shall have the obligation to complete such construction.

Appears in 1 contract

Sources: Development Agreement

Developer’s Discretion. Subject to Section 3.10, nothing in this Amended Agreement shall obligate the RVMA or any Developer to construct the Project or any particular Project Site, and the RVMA or Developers, as the case may be, shall have the discretion to determine whether to construct each Project Site based on such Developer’s 's business judgment; provided, however, that once construction has begun on a Project Site, the relevant Developer shall have the obligation to complete such construction.

Appears in 1 contract

Sources: Development Agreement (American Skiing Co /Me)