Developer’s Undertakings Clause Samples

The Developer’s Undertakings clause sets out the specific promises and obligations that the developer agrees to fulfill under the contract. Typically, this includes commitments to perform work to a certain standard, comply with relevant laws and regulations, and deliver the project within agreed timelines. For example, the developer may be required to use qualified personnel, obtain necessary permits, and ensure the work is free from defects. The core function of this clause is to clearly define the developer’s responsibilities, thereby allocating risk and ensuring accountability for the quality and timeliness of the work.
Developer’s Undertakings. During the term of this Agreement, the Developer shall: (i) Submit to the City and EDA a design proposal to be approved in concept by the City and the EDA showing the location, size, and nature of the Development, including floor layouts, renderings, elevations, and other graphic or written explanations of the Development, and the Infrastructure Improvements meeting City standards; provided, however, such approval shall be for purposes of this Agreement only and shall not constitute approval for purposes of obtaining a building permit or any other purpose; (ii) Submit to the City and EDA an over-all cost estimate for the design and construction of the Development and Infrastructure Improvements; (iii) Submit to the City and EDA a proposed schedule for all phases of the Development and Infrastructure Improvements; (iv) Undertake and obtain such other preliminary economic feasibility studies, income and expense projections, financing commitments and such other economic information as the Developer may desire to further confirm the economic feasibility and soundness of the Development; (v) Submit to the City and EDA the Developer’s financing plan showing that the Development is financially feasible, and, to the extent Developer seeks public financial assistance in any form (including reduced land cost, waiver of fees, and tax increment financing), evidence that such assistance is reasonably necessary to make the Development financially feasible; and (vi) Submit to the City and EDA pro forma operating and financial data and projections for the Development evidencing the Developer’s ability to undertake the Development. (vii) Cooperate with the City and the EDA in meeting the requirements of any participating governmental entity with respect to the proposed public assistance, including providing to the City such additional information as the City and its fiscal and development consultant, ▇▇▇▇▇ ▇▇▇▇▇, may require to allow the City and its financial consultant to undertake a “but for” analysis for purposes of the Minnesota tax increment financing laws; and. (viii) Negotiate the Contract in accordance with, and subject to, the terms hereof. The costs of all undertakings by the Developer under this Section 3 shall be borne solely by the Developer. All of the information and materials described in this Section 3 shall be the property of the Developer.
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Developer’s Undertakings. During the term of this Agreement the Developer shall do the following: (a) There are no businesses located in the project area, so no relocation plan is required. (b) Within 30 days after the date of this Agreement submit an application for any financial assistance to the City which shall include, in addition to any information required by the City’s application, a statement of the sources and uses, including any public financial assistance which may be requested by the Developer, for the construction of the Development and a pro forma detailing all costs of the Development and including the income that is anticipated to be generated by the commercial portion of the Development. The pro forma shall be in such detail and form as would be acceptable to a lender being asked to provide mortgage financing for the Development. The Developer shall provide to the City such additional information as the City and its financial consultant may require to allow the City and its financial consultant to undertake a “but for” analysis for purposes of the Minnesota law. The Developer understands that if the City considers providing tax increment assistance or tax abatement assistance for the Development such assistance will only be provided on a “pay as you go” basis by which tax increment or tax abatements would be made available as it is generated by the Development, and the City will not be obligated to make payments to the Developer if the actual tax increment or tax abatements received from the project are less than expected. (c) Within 30 days after the date of this Agreement, the Developer shall do the following: (i) submit to the City a proposed schedule for all phases of the Development, including without limitation, the timing of the closing on financing and the various stages of construction; (ii) submit to the City a report by the Developer’s engineer describing the nature and location of any public improvements that it will be necessary to construct as a result of the construction of the Development; and (iii) complete a concept review of the proposed Development by the City’s Zoning and Planning Commission and City Council as required by the City Code. (d) Within 45 days after the date of this Agreement, the Developer shall do the following: (i) hold a public meeting with written notice being provided to all owners of property which is adjacent to the Property to discuss the Development and to hear and respond to such parties’ concerns. The City will provide...
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Developer’s Undertakings. The Developer undertakes to : 8.1 Design the Improvements and obtain all necessary approvals including approval of building plans; 8.2 Instruct the Marketing Agents to market the Property and Improvements on a plot and plan basis; 8.3 Sign the Agreement of Purchase and Sale with the Purchaser, on behalf of the Owner, and instruct ▇▇▇▇▇ ▇▇▇▇▇ Attorneys Incorporated to attend to the transfer of the Property into the name of the Purchaser; 8.4 Engage a building contractor of its choice to erect the Improvements; 8.5 Ensure that it receives payment of the cost of the Improvements from the Purchaser; and 8.6 Pay the Owner the Further Consideration, if any.
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Developer’s Undertakings. The Developer will provide the following to mitigate increase of service by to parks and recreation facilities as follows: a. The Developer agrees to post prominently at the Developer’s Property information for all of the local County, State and Federal park and recreation services sufficient so guests can readily obtain information on fees, availability and activities. b. The Developer agrees to provide shuttle capability for up to 28 people per day to local County, State and Federal parks and recreation facilities during the primary season from June to September. c. The Developer agrees to give residents of the Brinnon community access to passive facilities such as trails, open spaces, parks, athletic fields, playgrounds, and picnic sites free of charge. d. The Developer agrees that active and indoor facilities such as swimming pools, conference centers, golf courses, marina facilities, fitness areas, classroom space, or dining halls may be rented for a reasonable fee. e. The Developer agrees to allow access to resort amenities by Jefferson County Parks and Recreation programs such as summer camps, youth sports leagues, fitness programs, swimming lessons, or community events on a reservation basis, and for a nominal fee.
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Developer’s Undertakings. Conditioned upon the Town’s performance of its undertakings set forth in Article 4, and provided Developer has not terminated this Agreement pursuant to Section 7.1, Developer agrees to the following:
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Developer’s Undertakings. The nature and extent of the Developer's undertakings are shown in Developer's Scope of Work, Exhibit A hereto, which are sometimes referred to herein as the "Developer's Initial Improvements". The aggregate of improvements made to Site by the Developer, including the required Developer's Initial Improvements together with additional improvements the Developer may make to the Site, not inconsistent herewith, shall be referred to as "Developers Improvements."
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Developer’s Undertakings. As soon as practicable after the date of this Agreement, but in no event later than December 29, 2023 or as otherwise specified in this Section 3, the Developer shall submit to the City and EDA the following: (a) A completed application to the City for conduit revenue bonds (the “Conduit Bonds”) to provide financing for the Development; (b) A preliminary plat to divide the parcel identified as ▇▇-▇▇▇▇▇▇-▇ and separate the Property therefrom, for approval by the City; (c) An over-all cost estimate for the design and construction of the Development and related machinery and equipment; (d) A proposed schedule for the starting and completion of all phases of the Development; and (e) A negotiated Contract in accordance with, and subject to, the terms hereof. In addition, the Developer shall cooperate with the City and the EDA in meeting the requirements of any participating governmental entity with respect to the proposed public assistance. The costs of all undertakings by the Developer under this Section 3 shall be borne solely by the Developer. All of the information and materials described in this Section 3 shall be the property of the Developer.
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Related to Developer’s Undertakings

  • LICENSEE’S UNDERTAKINGS 7.1 The Licensee shall: 7.1.1 use reasonable efforts to ensure that all Authorized Users are appropriately notified of the importance of respecting the intellectual property rights in the Licensed Materials and of the sanctions which the Licensee imposes for failing to do so; 7.1.2 use reasonable efforts to notify Authorized Users of the terms and conditions of this License and take steps to protect the Licensed Materials from unauthorized use or other breach of this License; 7.1.3 use reasonable efforts to monitor compliance and immediately upon becoming aware of any unauthorized use or other breach, inform the Publisher and take all reasonable and appropriate steps, including disciplinary action, both to ensure that such activity ceases and to prevent any recurrence; 7.1.4 issue passwords or other access information only to Authorized Users and use all reasonable efforts to ensure that Authorized Users do not divulge their passwords or other access information to any third party; 7.1.5 provide the Publisher, within 30 days of the date of this Agreement, with information sufficient to enable the Publisher to provide access to the Licensed Material. Should the Licensee make any significant change to such information, it will notify the Publisher not less than sixty (60) days before the change takes effect. 7.1.6 keep full and up-to-date records of all Authorized Users and their access details and provide the Publisher with details of such additions, deletions or other alterations to such records as are necessary to enable the Publisher to provide Authorized Users with access to the Licensed Materials as contemplated by this License; 7.1.7 use reasonable endeavours to ensure that only Authorized Users are permitted access to the Licensed Materials. 7.2 THE LICENSEE AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, COSTS, LIABILITY AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF ANY CLAIM OR LEGAL ACTION TAKEN AGAINST THE PUBLISHER RELATED TO OR IN ANY WAY CONNECTED WITH ANY USE OF THE LICENSED MATERIALS BY THE LICENSEE OR AUTHORIZED USERS OR BY ANY FAILURE OF THE LICENSEE TO PERFORM ITS OBLIGATIONS IN RELATION TO THIS LICENSE. 7.3 The Licensee shall, in consideration for the rights granted under this License, pay the Fee upon receipt of an invoice. Licensee shall be solely liable for any taxes related to the Fee.

  • INFORMATION UNDERTAKINGS The undertakings in this Clause 20 remain in force from the date of this Agreement for so long as any amount is outstanding under the Finance Documents or any Commitment is in force.

  • Construction and Severability If any provision of this Agreement shall be held invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired, and the parties undertake to implement all efforts which are necessary, desirable and sufficient to amend, supplement or substitute all and any such invalid, illegal or unenforceable provisions with enforceable and valid provisions which would produce as nearly as may be possible the result previously intended by the parties without renegotiation of any material terms and conditions stipulated herein.