The Developer. (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act or under any similar federal or State law;
The Developer. The Developer shall undertake the following:- Providing the funding required for the implementation of the Project and amounting to the total sum of Kenya Shillings [STATE THE AMOUNT IN WORDS] (KShs [AMOUNT IN FIGURES]/=); Procurement of the requisite change of user (if required) and development approvals and permits including NCA and NEMA Licences; Undertaking construction and development works; Hiring the Contractor for the Project; Hiring, firing and remuneration of casual labourers and sub-contractors; Marketing and sales of its assigned units; Procurement of constructions materials; Keeping proper project records including accounting records and minutes of meetings; Xxxxxxx of the project site and office; and Paying any withholding taxes payable on the Contractor, Sub-Contractors and Consultants. Project conception and design; Project Management Services; To finance the incorporation of the SPV; and Procurement of finishing materials.
The Developer. 2.4.1. Sub-Clause 4.1 The Developer’s General Obligations In line 1 of the first paragraph, after the word “shall”, insert the words “at his sole cost and risk except as otherwise stated in the Agreement”
The Developer. By its execution of this ENA, the Developer is not committing itself to acquire any land or agreeing to enter into a binding DDA. The parties recognize that the Developer must first conduct due diligence investigations and negotiate the terms of the DDA before exercising its decision to enter into such agreements, and Developer shall have no liability to the SRA or any other party if, after completing such due diligence investigations or having commenced such negotiations, the Developer does not elect to enter into a binding DDA.
The Developer. 20.1. The Purchaser acknowledges that the Seller has nominated and appointed the Developer to attend to project management of the Proposed Development Scheme and the construction of all buildings and other related works in respect of the Proposed Development Scheme. The Developer will accordingly also be a Party to this Agreement.
The Developer. EXPRESSLY AGREES TO FULLY AND COMPLETELY DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY, AND ITS OFFICERS, AGENTS AND EMPLOYEES, AGAINST ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES, JUDGMENTS, COSTS, AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM, DAMAGES OR LIABILITY FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY ANY NEGLIGENT, GROSSLY NEGLIGENT, WRONGFUL, OR STRICTLY LIABLE ACT OR OMISSION OF THE DEVELOPER OR ITS AGENTS, EMPLOYEES, OR CONTRACTORS, ARISING OUT OF THE DEVELOPER’S PERFORMANCE OF AND OBLIGATIONS UNDER THIS AGREEMENT INVOLVING THE DEMOLITION OF IMPROVEMENTS. Nothing in this paragraph may be construed as waiving any governmental immunity available to the City under state law. This provision is solely for the benefit of the Developer and the City and is not intended to create or grant any rights, contractual or otherwise, in or to any other person.
The Developer. 17.1.1 grants to the Council an irrevocable, royalty-free licence to use and reproduce the Design Documents prepared by or in which the Developer has copyright and which relate to the SW2 Enterprise Centre Development16; and
The Developer. Developer is, collectively, C & C Development Co., LLC, a California limited liability company ("C&C"), and The Waterford Group, a California corporation ("Waterford"). The principal office and mailing address of Developer for purposes of this Agreement is C & C Development Co., LLC, 00000 Xxxxx Xxxxxx, Xxxxx 000, Xxxxxx, XX 00000, Attn: Xxxx Xxxxxx, with a copy to The Waterford Group, XX Xxx 00000, Xxxxxxx Xxxxx, XX 00000, Attn: Xxxx Xxxxxx. Developer intends to form a limited liability company in which an “Affiliate” (as that term is defined in Section 1.4 below) of each of the two entities comprising Developer will be the only members and the Affiliate associated with C&C will be the manager (the "LLC"). Developer contemplates assigning all of its right, title and interest in and to the “Project Documents” (as that term is defined in Section 1.4 below) to the LLC, and may assign all of its right, title and interest in and to the Purchase Agreement to the LLC. In addition, Developer intends to form a limited partnership in which an Affiliate of a nonprofit corporation reasonably acceptable to City will be the managing general partner, and the LLC (or its Affiliate) will be the developer general partner (the "Partnership"). Developer contemplates that the LLC will assign all of its right, title and interest in and to the Project Documents to the Partnership, and convey all of its right, title and interest in and to the Site to the Partnership. By executing this Agreement, each person signing on behalf of Developer warrants and represents to City that Developer has the full power and authority to enter into this Agreement, that all authorizations required to make this Agreement binding upon Developer have been obtained, and that the person or persons executing this Agreement on behalf of Developer are fully authorized to do so.
The Developer. 3.1 The Regeneration Project is being and will continue to be delivered by the Council’s development partner, Barratt Metropolitan Limited Liability Partnership, (the Developer), a consortium of Metropolitan and Barratt.
The Developer. The Lessor and the Lessee mutually agree that in the event of the failure of {^} the Developer to complete the construction of the {^} Project within the time periods specified in the Development Agreement, that the Lessee shall incur damages that are not ascertainable as to amount as of the date hereof. Therefore, upon such failure to so construct the {^} Project by the Developer, the Developer has agreed to pay to the Lessee liquidated damages for such failure as specified in the Development Agreement. The payment of such liquidated damages shall be the Lessee's sole remedy for such failure. The {^} Project may not be materially modified without the prior written consent of the {^} Bond Insurer; provided, however, that any request to make such a modification must be accompanied by certifications and proof, satisfactory to the {^} Bond Insurer, that all approvals required under applicable law, if any, have been obtained. For purposes of this paragraph, no modification shall be deemed to be material so long as the Fixed Price Construction Cost is not increased or decreased by [$500,000] or less, and the {^} Project continues to be suitable for use as a developmental research school facility.
