Common use of Developer’s Remedies Clause in Contracts

Developer’s Remedies. If City is in Default under this Agreement (beyond any applicable cure period) and the parties are unable to resolve City’s Default, Developer shall have the right to terminate this Agreement upon written notice to City. Developer shall also have the right to pursue all other legal and equitable remedies which Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages, and the right to self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages.

Developer’s Remedies. If City is in Default default under this Agreement (beyond any applicable cure period) and the parties are unable to do not resolve the City’s Defaultdefault pursuant to the nonbinding mediation described in Section 4.2, Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall also have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages, damages and the right to self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages.

Developer’s Remedies. If City is in Default default under this Agreement (beyond any applicable cure period) and the parties are unable to resolve the City’s Defaultdefault, Developer shall have the right to terminate this Agreement upon written notice to the City. Developer shall also have the right to pursue all other legal and equitable remedies which Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damagesperformance (through mandamus or otherwise), and recovery of actual out-of-pocket costs and expenses incurred by Developer in performing (but not more than $5,000 in the right to self-helpaggregate); provided that City shall in no event be liable for punitive, incidental or consequential damages.

Developer’s Remedies. If City is in Default default under this Agreement (beyond any applicable cure period) and the parties are unable do not resolve the City's default pursuant to resolve City’s Defaultthe nonbinding mediation described in Section 4.2, Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall also have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages, damages and the right to self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages.

Developer’s Remedies. If City is in Default under this Agreement (beyond any applicable cure period) and the parties are unable to do not resolve the City’s Default, Developer shall have the right to (i) terminate this Agreement upon written notice to City. Developer shall also have , and/or (ii) subject to the right to provisions of Section 10.3, pursue all other legal and equitable remedies which Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages, actual damages and the right to self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages.

Developer’s Remedies. If City is in Default under this Agreement (beyond any applicable cure period) and the parties are unable to do not resolve the City’s Default, Developer shall have the right to terminate this Agreement upon written notice to City. Developer shall also have the right to pursue all other legal and equitable remedies which Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages, actual damages and the right to self-self- help; provided that City shall in no event be liable for punitive, incidental or consequential damages.

Developer’s Remedies. If City is in Default default under this Agreement (beyond any applicable cure period) and the parties are unable to do not resolve the City’s Defaultdefault, Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall also have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages, actual damages and the right to self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages.