Common use of Failure to Proceed Clause in Contracts

Failure to Proceed. If Developer fails to prosecute the work of the development with promptness and diligence, or fails in the performance of any of the provisions contained in this Agreement, the Township shall give to Developer written notice of such default. In the event Developer does not commence to correct such default within two (2) business days of such notice, and thereafter to diligently continue to correct such default, the Township shall have the right to secure materials of the quality and quantity required by the Agreement and the Plans and the necessary numbers of workers, mechanics and the required equipment in the open market at the then current market prices, from any party or parties, to cure such default. Provided, however, if the Township shall determine that curing such default shall require the Township to undertake completion of the Improvements, the procedures and time limits of Paragraph 18(A) shall apply. If the Township secures workers, mechanics and equipment in the open market to carry forward such work, the Township shall have the right to take possession of all materials, tools, appliances and equipment on the premises intended for use in the performance of this Agreement for the purpose of including them in the Improvements, and Developer hereby assigns to the Township all of its right, title and interest in and to such materials, tools, appliances and equipment for use in the completion of the Improvements. All workmanship and materials incorporated in the Improvements shall be subject to inspection, examination and testing at any time and at all times during the installation or construction and at any and all places where such installation or construction is carried on. The Township shall have the right to reject defective materials and workmanship; and such workmanship shall be satisfactorily corrected, and rejected materials, equipment and other articles shall be replaced. If Developer fails to proceed at once with the replacement of rejected materials, equipment or articles or the correction of any defective workmanship, the Township may proceed with the work as provided in this Paragraph.

Failure to Proceed. If Developer Xxxxxxx fails to prosecute the work of the development Oak Drive Improvements with promptness and diligence, or fails in the performance of any of the provisions contained in this Agreement, the Township shall or Xxx may, in its sole discretion, give to Developer Xxxxxxx written notice of such default. In the event Developer Foxlane does not commence to correct such default within two twenty (220) business days of such notice, and thereafter to diligently continue to correct such default, the Township or Xxx shall have the right to to: (1) secure materials of the quality and quantity required by the Agreement and the Plans and the necessary numbers of workersworkmen, mechanics and the required equipment in the open market at the then current market prices, from any party or parties, to cure such default. Providedcomplete the construction, however, if the Township shall determine that curing such default shall require the Township to undertake completion installation or supplying of the Improvements, the procedures and time limits of Paragraph 18(A) shall apply. If the Township secures workersworkmen, mechanics mechanics, and equipment in the open market to carry forward such work, the Township shall have the right to take possession of all materials, tools, appliances and equipment materials on the premises intended for use in the performance of this Agreement for the purpose of including them in the Improvements, and Developer Foxlane hereby assigns to the Township all of its right, title and interest in and to such materials, tools, appliances and equipment materials for use in the completion of the Improvements. All workmanship and materials incorporated in the Improvements shall be subject to inspection, examination and testing test at any time and at all times during the installation or construction and at any and all places where such installation or construction is are carried on. The Upon prior written notice to Xxxxxxx affording Foxlane the ability to cure any default as provided herein the Township or Xxx shall have the right to reject defective materials and workmanship; workmanship and such workmanship shall be satisfactorily corrected, corrected and rejected materials, equipment and other articles shall be replaced. If Developer replaced and, if Foxlane fails to proceed at once with the replacement of rejected materials, equipment or articles or the correction of any defective workmanship, the Township may proceed with the work as provided in this Paragraphparagraph.

Failure to Proceed. If Developer fails to prosecute the work of the development with promptness and diligence, or fails in the performance of any of the provisions contained in this Agreement, the Township shall give to Developer written notice of such default. In the event Developer does not commence to correct such default within two (2) business days of such notice, and thereafter to diligently continue to correct such default, the Township shall have the right to secure materials of the quality and quantity required by the Agreement and the Plans and the necessary numbers of workers, mechanics and the required equipment in the open market at the then current market prices, from any party or parties, to cure such default. Provided, however, if the Township shall determine that curing such default shall require the Township to undertake completion of the Improvements, the procedures and time limits of Paragraph 18(A16 (E) shall apply. If the Township secures workers, mechanics and equipment in the open market to carry forward such work, the Township shall have the right to take possession of all materials, tools, appliances and equipment on the premises intended for use in the performance of this Agreement for the purpose of including them in the Improvements, and Developer hereby assigns to the Township all of its right, title and interest in and to such materials, tools, appliances and equipment for use in the completion of the Improvements. All workmanship and materials incorporated in the Improvements shall be subject to inspection, examination and testing at any time and at all times during the installation or construction and at any and all places where such installation or construction is carried on. The Township shall have the right to reject defective materials and workmanship; and such workmanship shall be satisfactorily corrected, and rejected materials, equipment and other articles shall be replaced. If Developer Developer, fails to proceed at once with the replacement of rejected materials, equipment or articles or the correction of any defective workmanship, the Township may proceed with the work as provided in this Paragraph.