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 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 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 FRANCHISEE acknowledges and agrees that a material provision of this Agreement is that the following number of Cost Cutters Businesses must be opened and continuously operating in the Franchised Area during the term of this Agreement in accordance with the following development schedule: ---------------------------- -------------------------------------------- --------------------------------------------- NUMBER OF COST CUTTERS BUSINESSES REQUIRED CUMULATIVE NUMBER OF COST CUTTERS TO BE OPENED AND CONTINUOUSLY OPERATING BUSINESSES REQUIRED TO BE OPEN AND FOR BUSINESS IN THE FRANCHISED AREA DURING CONTINUOUSLY OPERATING FOR BUSINESS IN THE PERIOD THE PERIOD FRANCHISED AREA AT THE END OF THE PERIOD ---------------------------- -------------------------------------------- --------------------------------------------- -first half: YEAR 1 -second half: ---------------------------- ------------------------------------------- ---------------------------------------------- -first half: YEAR 2 -second half: ---------------------------- ------------------------------------------- ---------------------------------------------- -first half: YEAR 3 -second half: ---------------------------- ------------------------------------------- ---------------------------------------------- -first half: YEAR 4 -second half: ---------------------------- ------------------------------------------- ---------------------------------------------- -first half: YEAR 5 -second half: ---------------------------- ------------------------------------------- ---------------------------------------------- -first half: YEAR 6 -second half: ---------------------------- ------------------------------------------- ----------------------------------------------
Development Schedule. The schedule for design and development of the "BASE BUILDING WORK" (as defined below) and the "TENANT IMPROVEMENTS" (as defined below), including, without limitation, the time periods for preparation, delivery, review, and approval of construction documents and performance pursuant to such documents, 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. 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. Development Schedule shall mean the schedule of milestones set forth in Schedule C of this Agreement.
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. See SOW Document Number MKT-SOW-VTB-001 Exhibit C Production Price Schedule Netlist Chipset 2009 2010 2011 2012 [***] US$ [***] US$ [***] US$ [***] US$ [***] [***] US$ [***] US$ [***] US$ [***] US$ [***] Exhibit D NRE Payment Schedule Milestone Payment ($) Specification sign-off of the Product $ [***] Tape-out of Product $ [***] Engineering sample shipment of Product $ [***] Production status of Product $ [***] Total NRE Payment: $ [***]
Development Schedule. Developer shall develop the Project substantially in accordance with the development schedule set forth in Exhibit C (the “Development Schedule”).
