General Plan Litigation Sample Clauses
The General Plan Litigation clause establishes the procedures and rights of the parties in the event of legal disputes or challenges related to a project's general plan or overarching development framework. Typically, this clause outlines how parties will handle lawsuits or administrative actions that question the validity, approval, or implementation of the general plan, including responsibilities for legal costs and cooperation during litigation. Its core function is to allocate risk and clarify the process for addressing legal challenges, thereby providing certainty and minimizing disruption to the project's progress.
General Plan Litigation. CITY has determined that this Agreement is consistent with its General Plan, and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with CITY’s determination. CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, as it may be amended from time to time, is invalid or inadequate or not in compliance with law.
General Plan Litigation. COUNTY has determined that this Agreement is consistent with its General Plan, and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with COUNTY’s determination. The parties acknowledge that:
(a) Litigation may be filed challenging the legality, validity and adequacy of the General Plan; and,
(b) If successful, such challenges could delay or prevent the performance of this Agreement and the development of the Property. COUNTY shall have no liability in damages under this Agreement for any failure of COUNTY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law.
General Plan Litigation. The City has determined that this Agreement is consistent with its General Plan. The Owner has reviewed the General Plan and concurs with the City’s determination. The City shall have no liability under this Agreement or otherwise for any failure of the City to perform under this Agreement, or for the inability of the Owner to develop the Property as contemplated by the Development Plan, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this Agreement or any of the City’s actions in adopting it were invalid, inadequate, or not in compliance with law.
General Plan Litigation. The City has determined that this Agreement is consistent with its General Plan. The Owner has reviewed the General Plan and concurs with the City’s determination.
General Plan Litigation. CITY has determined that this Agreement is consistent with its General Plan, as such called General Plan exists as of the Effective Date (“General Plan”), and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with CITY’s determination. CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law.
General Plan Litigation. The City has determined that this Agreement is consistent with its General Plan. Owner has reviewed the General Plan and concurs with the City's determination. The City shall have no liability under this Agreement or otherwise for any failure of the City to perform under this Agreement, or for the inability of Owner to develop the Property as contemplated by the Development Plan, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this Agreement or any of the City's actions in adopting it were invalid, inadequate, or not in compliance with law. Notwithstanding the foregoing, neither party shall contend in any administrative or judicial proceeding that the Agreement or any Development Approval is unenforceable based upon federal, state or local statutes, ordinances or regulations in effect on the Effective Date.
General Plan Litigation. 9.2 Third Party Litigation Concerning Agreement ............................................................ 9.3 Indemnity .....................................................................................................................
General Plan Litigation. The City has determined that this Agreement is consistent with its General Plan as amended by Measure T, and that the General Plan meets all requirements of law. The Developer has reviewed the General Plan and concurs with the City’s determination. The parties acknowledge that the City shall have no liability to the Developer under this Agreement for any failure of the Developer to perform under this Agreement or the inability of the Developer to develop the Property as contemplated by the Development Plan or this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law. In the event a determination is made that the General Plan, or portions thereof, is invalid, inadequate or not in compliance with law, the Developer shall have the right, upon delivery of written notice to the City, to terminate this Agreement.
General Plan Litigation. City has determined that this Agreement is consistent with its General Plan, the Otay Ranch GDP and the SPA Plan. Owner has reviewed the General Plan, the Otay Ranch GDP and the SPA Plan and concurs with City’s determination. City shall not have any liability, whether through equitable or legal arguments, under this Agreement or the associated approvals or documents (e.g., General Plan Amendment, SPA Plan, tentative maps), for any failure of City to perform under this Agreement, or for the inability of Owner to develop the Property as contemplated by the Project Approvals or this Agreement, if such failure or inability is the result of a judicial determination that part or all of the General Plan, Otay Ranch GDP or SPA Plan is invalid, inadequate, or not in compliance with law.
General Plan Litigation. COUNTY has determined that this Agreement is ----------------------- consistent with its Comprehensive General Plan, herein called General Plan, and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with COUNTY's determination. The parties acknowledge that:
(a) Litigation is now pending challenging the legality, validity and adequacy of certain provisions of the General Plan; and,
(b) In the future there may be other similar challenges to the General Plan; and,
(c) If successful, such challenges could delay or prevent the performance of this Agreement and the development of the Property. COUNTY shall have no liability in damages under this Agreement for any failure of COUNTY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law. 09/04/97 48