Common use of Specific Performance Termination Clause in Contracts

Specific Performance Termination. In the event of a default under this Agreement, the remedies available to a Party shall include specific performance of the Agreement in addition to any other remedy available at law or in equity (subject to the limitation on damages set forth in Section 12.5.2 below). The City’s specific performance remedy shall include the right to require that Developer Complete any Public Improvement that Developer has commenced (through exercise of rights under payment and performance bonds or otherwise), and to require dedication of the Public Improvement to the City upon Completion together with the conveyance of real property as contemplated by this Agreement. In addition, the non- defaulting Party may terminate this Agreement after a public hearing at the Board of Supervisors by sending a notice of termination to the other Party setting forth the basis for the termination. The Parties agree that this Agreement can be terminated upon an a material breach. The Party alleging a material breach shall provide a Notice of Termination to the breaching Party, which notice of termination shall state the material breach. The Agreement will be considered terminated effective upon the date set forth in the notice of termination, which shall in no event be earlier than ninety (90) days following delivery of the notice. The Party receiving the notice of termination may take legal action available at law or in equity if it believes the other Party's decision to terminate was not legally supportable.

Specific Performance Termination. In the event of a default under this Agreement, the remedies available to a Party shall include specific performance of the Agreement in addition to any other remedy available at law or in equity (subject to the limitation on damages set forth in Section 12.5.2 below). The City’s specific performance remedy shall include the right to require that Developer Complete any Public Improvement that Developer has commenced (through exercise of rights under payment and performance bonds or otherwise), and to require dedication of the Public Improvement to the City upon Completion together with the conveyance of real property as contemplated by this Agreement. In addition, the non- defaulting Party may terminate this Agreement after a public hearing at the Board of Supervisors by sending a notice of termination to the other Party setting forth the basis for the termination. The Parties agree that this Agreement can be terminated upon an a material breach. The Party alleging a material breach shall provide a Notice of Termination to the breaching Party, which notice of termination shall state the material breach. The Agreement will be considered terminated effective upon the date set forth in the notice of termination, which shall in no event be earlier than ninety (90) days following delivery of the notice. The Party receiving the notice of termination may take legal action available at law or in equity if it believes the other Party's ’s decision to terminate was not legally supportable.