Common use of No Obligation to Develop Clause in Contracts

No Obligation to Develop. 2.3.1 Except as specifically provided herein: (a) Nothing in this Agreement shall be construed to require Developer to proceed with the construction of the Project or any portion thereof. (b) The decision to proceed or to forbear or delay in proceeding with construction of the Project or any portion thereof shall be in Developer’s sole discretion. (c) Failure by Developer to proceed with construction of the Project or any portion thereof shall not give rise to any liability, claim for damages or cause of action against ▇▇▇▇▇▇▇▇▇, except as may arise pursuant to a nuisance abatement proceeding under SMMC Chapter 8.96, or any successor legislation. 2.3.2 Failure by Developer to proceed with construction of the Project or any portion thereof shall not result in any loss or diminution of development rights, except upon expiration of Developer’s vested rights pursuant to this Agreement, or the termination of this Agreement. 2.3.3 Notwithstanding any provision of this Section 2.3 to the contrary, if Developer proceeds with the construction of the Project, except as otherwise expressly limited in this Agreement, Developer shall be required to implement all mitigation measures and conditions of approval required under this Agreement in accordance with Exhibit “D”. If Developer has proceeded with the construction of the Project, the mitigation measures and conditions of approval in Exhibit "D" shall survive termination of this Agreement (except as otherwise expressly limited in this Agreement), and notice of the mitigation measures and conditions shall be recorded separately from and concurrently with this Agreement.

No Obligation to Develop. 2.3.1 Except as specifically provided herein: (a) Nothing in this Agreement shall be construed to require Developer to proceed with the construction of the Project or any portion thereof. (b) The decision to proceed or to forbear or delay in proceeding with construction of the Project or any portion thereof shall be in Developer’s sole discretion. (c) Failure by Developer to proceed with construction of the Project or any portion thereof shall not give rise to any liability, claim for damages or cause of action against ▇▇▇▇▇▇▇▇▇Developer, except as may arise pursuant to a nuisance abatement proceeding under SMMC Chapter 8.96, or any successor legislation. 2.3.2 Failure by Developer to proceed with construction of the Project or any portion thereof shall not result in any loss or diminution of development rights, except upon expiration of Developer’s vested rights pursuant to this Agreement, or the termination of this Agreement. 2.3.3 Notwithstanding any provision of this Section 2.3 to the contrary, if Developer proceeds with and to the extent that: (a) construction of the Project, except as otherwise expressly limited in this AgreementProject commences, Developer shall be required to implement all those mitigation measures and conditions of approval required to be implemented prior to commencement of construction under this Agreement in accordance with Exhibit “D”. If Developer has proceeded with the ; (b) construction of the ProjectProject is completed, Developer shall be required to implement those mitigation measures and conditions of approval required to be implemented prior to completion of construction under this Agreement in accordance with Exhibit “D”; and (c) use of the Project commences, Developer shall be required to implement those mitigation measures and conditions of approval required to be implemented upon use of the Project under this Agreement in accordance with (d) the mitigation measures and conditions of approval in Exhibit "D" shall survive termination of this Agreement (except as otherwise expressly limited in this Agreement), and notice of the mitigation measures and conditions shall be recorded separately from and concurrently with this Agreement.

No Obligation to Develop. 2.3.1 Except as specifically provided herein: (a) Nothing in this Agreement shall be construed to require Developer to proceed with the construction of the Project or any portion thereof. (b) The decision to proceed or to forbear or delay in proceeding with construction of the Project or any portion thereof shall be in Developer’s Developer‟s sole discretion. (c) Failure by Developer to proceed with construction of the Project or any portion thereof shall not give rise to any liability, claim for damages or cause of action against ▇▇▇▇▇▇▇▇▇Developer, except as may arise pursuant to a nuisance abatement proceeding under SMMC Chapter 8.96, or any successor legislation. 2.3.2 Failure by Developer to proceed with construction of the Project or any portion thereof shall not result in any loss or diminution of development rights, except upon expiration of Developer’s Developer‟s vested rights pursuant to this Agreement, or the termination of this Agreement. 2.3.3 Notwithstanding any provision of this Section 2.3 to the contrary, if Developer proceeds with the construction of the Project, except as otherwise expressly limited in this Agreement, Developer shall be required to implement all mitigation measures and conditions of approval required under this Agreement in accordance with Exhibit “D”. If . 2.3.4 In the event Developer has proceeded with does not acquire the construction Property by December 31, 2012 (or by such later date as Owner and Developer may mutually agree in writing), then upon Owner‟s written request made at any time prior to issuance of a building permit for the Project, the mitigation measures Parties shall terminate this Agreement and conditions record a Termination Certificate with the Recorder for the County of approval in Exhibit "D" shall survive termination Los Angeles pursuant to Section 9.2.2 of this Agreement, at which time the Agreement (except as otherwise expressly limited in this Agreement), and notice of the mitigation measures and conditions shall be recorded separately from of no further legal force or effect and concurrently with this AgreementOwner shall be relieved of any and all obligations attributed to either the Owner or the Developer hereunder.

No Obligation to Develop. 2.3.1 Except as specifically provided herein: (a) Nothing in this Agreement shall be construed to require Developer to proceed with the construction of the Project or any portion thereof. (b) The decision to proceed or to forbear or delay in proceeding with construction of the Project or any portion thereof shall be in Developer’s sole discretion. (c) Failure by Developer to proceed with construction of the Project or any portion thereof shall not give rise to any liability, claim for damages or cause of action against ▇▇▇▇▇▇▇▇▇Developer, except as may arise pursuant to a nuisance abatement proceeding under SMMC Chapter 8.96, or any successor legislation. 2.3.2 Failure by Developer to proceed with construction of the Project or any portion thereof shall not result in any loss or diminution of development rights, except upon expiration of Developer’s vested rights pursuant to this Agreement, or the termination of this Agreement. 2.3.3 Notwithstanding any provision of this Section 2.3 to the contrary, if Developer proceeds with the construction of the Project, except as otherwise expressly limited in this Agreement, Developer shall be required to implement all mitigation measures and conditions of approval required under this Agreement in accordance with Exhibit “D”. If Developer has proceeded with the construction of the Project, the mitigation measures and conditions of approval in Exhibit "“D" ” shall survive termination of this Agreement (except as otherwise expressly limited in this Agreement), and notice of the mitigation measures and conditions shall be recorded separately from and concurrently with this Agreement.

No Obligation to Develop. 2.3.1 Except as specifically provided herein: (a) Nothing in this Agreement shall be construed to require any Developer to proceed with the construction of the Project or any portion thereof. (b) The decision to proceed or to forbear or delay in proceeding with construction of the Project or any portion thereof shall be in each Developer’s sole discretiondiscretion except that a second Creative Office Building shall not receive a Temporary Certificate of Occupancy or Certificate of Occupancy unless at least two Residential Buildings have received their Temporary Certificates of Occupancy. (c) Failure by any Developer to proceed with construction of the Project or any portion thereof shall not give rise to any liability, claim for damages or cause of action against ▇▇▇▇▇▇▇▇▇such Developer, except as may arise pursuant to a nuisance abatement proceeding under SMMC Chapter 8.96, or any successor legislation. 2.3.2 Failure by any Developer to proceed with construction of the Project or any portion thereof shall not result in any loss or diminution of development rights, except upon expiration of such Developer’s vested rights pursuant to this Agreement, or the termination of this AgreementAgreement with respect to the Parcel or Parcels owned by such Developer. 2.3.3 Notwithstanding any provision of this Section 2.3 to the contrary, if Developer proceeds with the construction of the Project, except as otherwise expressly limited in this Agreement, each Developer shall be required to implement all mitigation measures and conditions of approval required under this Agreement in accordance with Exhibit “D”. If Developer has proceeded with ” and may be subject to all remedies specified in this Agreement for the construction of the Project, the failure to implement these mitigation measures and conditions of approval in Exhibit "D" shall survive termination of this Agreement (except as otherwise expressly limited in this Agreement), and notice of the mitigation measures and conditions shall be recorded separately from and concurrently with this Agreementapproval.