Common use of Emergency Defaults Clause in Contracts

Emergency Defaults. Anything in this Agreement notwithstanding, if the Council finds on the record that a default materially impairs a compelling, countervailing interest of the City and that any delays in imposing such a default would also impair a compelling, countervailing interest of the City then the City may impose the remedies of Section 5.4 without meeting the requirements of Section 5.5. The City shall give Notice to Developer and/or any applicable successor or assign of any public meeting at which an emergency default is to be considered and the allegedly defaulting party shall be allowed to address the Council at that meeting regarding the claimed emergency default.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

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Emergency Defaults. Anything in this Agreement notwithstanding, if the Council finds on the record that a default materially impairs a compelling, countervailing interest of the City and that any delays in imposing such a default would also impair a compelling, countervailing interest of the City then the City may impose the remedies of Section 5.4 12.4 without meeting the requirements of Section 5.512.5. The City shall give Notice to Developer and/or any applicable successor or assign of any public meeting at which an emergency default is to be considered and the allegedly defaulting party shall be allowed to address the Council at that meeting regarding the claimed emergency default.

Appears in 1 contract

Samples: Development Agreement

Emergency Defaults. Anything in this Agreement notwithstanding, if the Council finds on the record that a default materially impairs a compelling, countervailing interest of the City and that any delays in imposing such a default would also impair a compelling, countervailing interest of the City then the City may impose the remedies of Section 5.4 12.4 without meeting the requirements of Section 5.510.5. The City shall give Notice to Developer Property Owner and/or any applicable successor or assign of any public meeting at which an emergency default is to be considered and the allegedly defaulting party shall be allowed to address the Council at that meeting regarding the claimed emergency default.. Draft Version Dates 10/31/2022

Appears in 1 contract

Samples: Restrictive Covenant Agreement

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Emergency Defaults. Anything in this Agreement notwithstanding, if the Council finds on the record that a default materially impairs a compelling, countervailing interest of the City and that any delays in imposing such a default would also impair a compelling, countervailing interest of the City then the City may impose the remedies of Section 5.4 subparagraph 8.4 without meeting the requirements of Section 5.5with Property Owner as required under subparagraph 8.5. The City shall give Notice the best notice practicable to Developer and/or any applicable successor or assign Property Owner of any public meeting at which an emergency default is to be considered and the allegedly defaulting party Party shall be allowed to address the Council at that meeting regarding the claimed emergency default.

Appears in 1 contract

Samples: Annexation Agreement

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