City’s Remedies. If the Developer is in default under this Agreement (beyond any applicable cure period) and the parties do not resolve the Developer’s default, then the City shall have the right to terminate this Agreement immediately upon written notice to Developer.
Appears in 3 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
City’s Remedies. If the Developer is in default under this Agreement (beyond any applicable cure period) and the parties do not resolve the Developer’s defaultdefault pursuant to the nonbinding mediation described in Section 4.2, then the City shall have the right to terminate this Agreement immediately upon written notice to DeveloperDeveloper and to pursue any other rights or remedies provided hereunder, at law or in equity.
Appears in 3 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
City’s Remedies. If the Developer is in default under this Agreement (beyond any applicable cure period) and the parties do not resolve the Developer’s defaultdefault pursuant to the nonbinding mediation described in Section 4.2, then the City shall have the right to terminate this Agreement immediately upon written notice to DeveloperDeveloper and to pursue any other rights or remedies provided hereunder, at law or in equity, including the right to recoup all fees waived by the City or rebated to Developer pursuant to this Agreement.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
City’s Remedies. If the Developer is in default under this Agreement (beyond any applicable cure period) and the parties do not resolve the Developer’s defaultdefault pursuant to the nonbinding mediation described in Section 4.2, then the City shall have the right to terminate this Agreement immediately upon written notice to DeveloperDeveloper and to pursue any other rights or remedies provided hereunder, at law or in equity; provided that Developer shall in no event be liable for punitive, incidental or consequential damages.
Appears in 2 contracts
Samples: Development Agreement, Development and Disposition Agreement
City’s Remedies. If the Developer is in default under this Agreement (beyond any applicable cure period) and the parties do not resolve the Developer’s defaultdefault pursuant to the nonbinding mediation described in Section 4.2, then the City shall have the right to terminate this Agreement immediately upon written notice to DeveloperDeveloper and to recoup any City fees waived by the City or rebated to Developer pursuant to this Agreement.
Appears in 1 contract
Samples: Development Agreement
City’s Remedies. If the Developer is in default under this Agreement (beyond any applicable cure period) and the parties do not resolve the Developer’s defaultdefault pursuant to the nonbinding mediation described in Section 5.2, then the City shall have the right to terminate this Agreement immediately upon written notice to DeveloperDeveloper and to pursue any other rights or remedies provided hereunder, at law or in equity, provided that Developer shall in no event be liable for punitive, incidental or consequential damages or any monetary damages other than actual direct damages. After any such termination, Developer shall no longer be entitled to any benefits provided under this Agreement.
Appears in 1 contract
Samples: Development Agreement
City’s Remedies. If the Developer is in default under this Agreement (beyond any applicable cure period) and the parties do not resolve the Developer’s defaultdefault pursuant to the nonbinding mediation described in Section 6.2, then the City shall have the right to terminate this Agreement immediately upon written notice to DeveloperDeveloper and to pursue any other rights or remedies provided hereunder, at law or in equity.
Appears in 1 contract
