Development Specifications Clause Samples

Development Specifications. Zygote shall design and develop the Product in accordance with the requirements of the Product Requirements Document. Zygote reserves the right, at any time, to decline or stop the design and/or development of the Product in its commercially reasonable business judgment, including but not limited to reasons such as commercial or technological impracticability or impossibility, inadequate rights or licensure, or potential infringement of the rights of third parties. If Zygote declines the design and/or development of the Product prior to commencing such process, Zygote shall notify Customer and Customer shall not be obligated to pay any fees or costs to Zygote related to the particular Product. However, if Zygote stops the design and/or development of any Product after commencing such process, Zygote shall notify Customer and, if such stoppage was based upon a reasonable, good faith determination of actual or potential impossibility, impracticability, illegality or infringement of the rights of third parties or similar concerns, Customer shall be obligated to pay for Zygote’s labor and materials costs, at Zygote’s then current labor and materials rates, incurred or accrued as of the time of work stoppage.

Development Specifications. Seller warrants that it shall develop the Subdivision and the Property so that each meets all applicable laws, regulations, ordinances, restrictions, orders and zoning conditions, and the development specifications stated in this Section 12 and in Exhibit E attached hereto and incorporated herein (collectively, the "Development Specifications"). For purposes of this Agreement, a "Lot" is a discrete parcel of developed and legally existing land that has its own, individual tax identification number and that meets all the Development Specifications. Without limiting the generality of the foregoing, Seller warrants that the following specifications shall be satisfied and met with respect to each Phase as of the Required Completion Date for such Phase: a. The following Subdivision improvements shall be completed: (1) clearing; (2) grading; (3) curbing; (4) paving, including paving of all roads and parking areas, whether public or private; (5) storm drainage, retention and detention facilities and other storm drainage systems, including payment of all off-site fees and charges with respect thereto, if any; (6) sanitary sewer; (7) public water source and distribution system with adequate capacity to serve a single-family dwelling unit on each Lot; (8) streetlights and street signs according to a lighting and signage plan to be approved by Buyer during the Inspection Period; and (9) sidewalks abutting the common space areas of the Subdivision, in accordance with the Subdivision Plans. b. The Subdivision and each Lot shall be served by underground utilities including: (1) underground electric lines sufficient to service each Lot, installed in a utility easement adjacent to the Lot line, with all applicable fees for electric service and installation paid; (2) telephone service to service the Lot and lines extending to the boundary of each Lot; and (3) cable television and internet service. Any rebates received by Seller from any utility provider to the Lots shall promptly be paid to Buyer. c. All roads, sanitary and storm sewer facilities, water lines and drainage easements in the Subdivision shall be substantially completed or have been bonded. d. [Intentionally Deleted]. e. Buyer, upon the Closing of a Lot, shall have the right to connect to existing and readily available water and sewer systems upon Buyer’s payment of tap fees to the Governing Jurisdiction, which fees shall not exceed the amounts charged to the owners of any other lots in the Subdivision. f. Sel...

Development Specifications. Development of the Lots shall be complete upon satisfaction by Seller, at Seller’s sole cost and expense, of the Development Specifications for the Lots (“Development Specifications”), a copy of which are attached hereto as Exhibit “C”.