Right to Continue Development Clause Samples
The Right to Continue Development clause grants a party, typically the developer or licensor, the explicit ability to keep working on and improving the subject technology or intellectual property, even after entering into an agreement with another party. This clause often clarifies that the original developer can pursue enhancements, updates, or new versions independently, and may also specify whether these improvements are shared with or licensed to the other party. Its core function is to prevent restrictions on ongoing innovation and to ensure that the developer retains freedom to advance their work, thereby avoiding disputes over future developments.
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Right to Continue Development. In consideration of Owner’s agreements hereunder, the City agrees that, during the term of this Agreement, it will not impose or attempt to impose: (a) any moratorium on building or development within the Project, or (b) any land use or development regulation that limits the rate or timing of land use approvals, whether affecting preliminary plans, final plats, site plans, building permits, certificates of occupancy or other necessary approvals, within the Project. No City-imposed moratorium, growth restriction, or other limitation affecting the rate, timing or sequencing of development or construction of all or any part of the Project will apply to the Land if such moratorium, restriction or other limitation conflicts with this Agreement or would have the effect of increasing Owner’s obligations or decreasing Owner’s rights and benefits under this Agreement. This Agreement on the part of the City will not apply to temporary moratoriums uniformly imposed throughout the City and ETJ due to an emergency constituting an imminent threat to the public health or safety, provided that the temporary moratorium continues only during the duration of the emergency.