Development Schedule. The Property shall be developed in accordance with the development schedule, attached as Exhibit D, or as may be amended by Owner or Developer(s) in the future to reflect actual market absorption. Pursuant to the Act, the failure of the Owner and any Developer to meet the initial development schedule shall not, in and of itself, constitute a material breach of this Agreement. In such event, the failure to meet the development schedule shall be judged by the totality of circumstances, including but not limited to the Owners and Developer(s) good faith efforts to attain compliance with the development schedule. These schedules are planning and forecasting tools only and shall not be interpreted as mandating the development pace initially forecast or preventing a faster pace if market conditions support a faster pace. The fact that actual development may take place at a different pace, based on future market forces, is expected and shall not be considered a default hereunder. Development activity may occur faster or slower than the forecast schedule, as a matter of right, depending upon market conditions. Furthermore, periodic adjustments to the development schedule which may be submitted unilaterally by Owner / Developers in the future, shall not be considered a material amendment or breach of the Agreement.
Development Schedule. The Project shall substantially comply with the specific timetables and triggers for action set forth in Article 5 of this Agreement. The parties acknowledge that, as provided in G.S. 160A-400.25(b), the failure to meet a commencement or completion date shall not, in and of itself, constitute a material breach of this Agreement pursuant to G.S. 160A-400.27 but must be judged based upon the totality of the circumstances.
Development Schedule. The schedule for design and development of the Tenant Improvements (as defined below), including without limitation the time periods for delivery of construction documents and performance, shall be in accordance with the Development Schedule attached hereto as Schedule A, subject to adjustment as mutually agreed by the parties in writing or as provided in this Work Letter (the "DEVELOPMENT SCHEDULE").
Development Schedule. 3.01. Developer shall exercise each development right granted herein only by executing a Franchise Agreement for each Franchised Unit for a site accepted by the Franchisor in the Development Area as hereinafter provided. Developer's right to execute such a Franchise Agreement shall be contingent upon Developer's continuous performance of all of the terms and conditions of this Agreement and any other development, franchise or other agreements between Developer and Franchisor. The Franchise Agreement for each Franchised Unit developed pursuant to this Agreement shall be in the form of the Franchise Agreement attached hereto as Exhibit C.
Development Schedule. The Property shall be developed generally in accordance with the Development Schedule, which is attached hereto as Exhibit “C” of this Agreement. The Development Schedule is an estimate, and may be modified to acknowledge market conditions, permitting requirements, or other considerations. It is acknowledged that the Property is anticipated to be developed in phases which include the Development of one (1) block of the Property at a time, in order to provide flexibility for the Owner and Developer to meet market demands. In accordance with the Act, the failure of the Owner and Developer to meet the terms of the Development Schedule shall not, in and of itself, constitute a material breach of this Agreement, and shall be judged by the totality of circumstances, including, but not limited to, the Owner’s and Developer’s good faith efforts toward compliance with the terms of the Development Schedule and the Owner’s and Developer’s proof of good cause for modifying the Development Schedule. Further, the acceleration of the Development Schedule shall not constitute a material breach of this Agreement. It is expected that the actual Development of the Property may occur at a different pace, as determined in the sole reasonable discretion of Owner and based upon market conditions, and shall not constitute a default of this Agreement. In the future, the Owner or Developer my submit unilaterally to the County periodic adjustments to the Development Schedule, which shall not be considered an amendment or breach of this Agreement.
Development Schedule. Subject to Force Majeure (with an extension not to exceed 24 months), Developer shall submit to City a signed Franchise Agreement not later than six (6) months following Close of Escrow and shall commence construction of the Project by no later than January 1, 2022, and shall diligently prosecute to completion the construction of the Project to enable City to issue a final certificate of occupancy or equivalent for the Project [three (3) years] following commencement of construction. Developer shall use diligent and commercially reasonable efforts to perform Developer’s obligations under this Agreement within the times periods set forth herein, and if no such time is provided, within a reasonable time, designed to permit issuance of a final certificate of occupancy or equivalent for the Project by the date specified in this Section 5.1.
Development Schedule. The proposed schedule for design and development of Tenant's Improvements (as defined below), including without limitation the time periods for delivery of construction documents and performance, shall be generally in accordance with the Development Schedule attached hereto as Schedule A, subject to such changes as Tenant shall reasonably require or as provided in this Work Letter (the "Development Schedule").
Development Schedule. The Development Schedule, referred to in Section 3.a of the Agreement, is as follows: Development Year Number of U-Swirl Stores to be Opened During Current Development Year Cumulative number of U-Swirl Stores Required to be Open and Operational As of the End of the Current Development Year 3 1 3 4 n/a 3 5 n/a 3 10 For purposes of determining compliance with the Development Schedule above, only the U-Swirl Stores actually owed by Developer and in operation in the Development Area as of the end of each Development Year will be counted toward the number of U-Swirl Stores required to be open for business and operational during the applicable year.
Development Schedule. The schedule for design and development of Tenant’s Work (as hereinafter defined), including without limitation the time periods for preparation and review of construction documents, approvals and performance, whether by Landlord or by Tenant, shall be in accordance with that certain Time and Responsibility Schedule prepared by Landlord and Tenant, and attached as Schedule D-1 to this Work Letter, subject to adjustment as mutually agreed to in writing by the parties or as provided in this Work Letter (the “Development Schedule”).
Development Schedule. Following the Effective Date, the parties shall work together in good faith in order to complete all tasks necessary or desirable to incorporate the Magazine Sites into the Network (the "Implementation"). Within thirty (30) days following the Effective Date, the parties shall develop a mutually acceptable schedule ("Schedule") that will cover each party's respective tasks and obligations with respect to the Implementation and establish a targeted launch date for each Magazine Site. Each party shall assign a project manager to be the primary point of contact between the parties with respect to such efforts. The parties agree to use commercially reasonable efforts to complete their respective Implementation obligations with respect to each Magazine Site by the launch date set forth for such in the Schedule.