Developer's Self-Help Rights Sample Clauses

Developer's Self-Help Rights. If Developer has reason to believe that the 000xx Xxxxxx Improvements are not being designed and/or constructed in accordance with the agreed-upon schedule for the 000xx Xxxxxx Improvements, then Developer shall have the right to notify the City of such alleged default. Upon written notice to the City of such alleged default, and if the City does not cure such failure within thirty (30) days of such notice, then Developer shall, as its sole and exclusive remedy, have the right, but not the obligation, to take over and perform the 000xx Xxxxxx Improvements by written notice to the City of its election to exercise its self-help rights. If Developer undertakes such design and construction obligations for the 000xx Xxxxxx Improvements, then Developer hereby understands and agrees that Developer shall be solely responsible for any increase in costs for the design and/or construction of the 000xx Xxxxxx Improvements resulting from the exercise of such self-help rights, including without limitation, any damages or expenses related to the termination of the City's contracts for the 000xx Xxxxxx Improvements. If Developer takes over design and construction, Developer must comply with the stated design and construction schedule and the City shall have the same enforcement rights provided above to the Developer with respect to the Developer’s failure to meet the schedule. Compliance by the City or Developer, as applicable hereunder, with the stated design and construction schedule, shall be subject to Excusable Delay.
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