Common use of Default by City Clause in Contracts

Default by City. The City shall be deemed in default in the event of a failure by the City in the performance of this Development Agreement; provided, however, the City shall be deemed in default only after (a) the Developer provides the City with written notice of default setting forth the nature of the default and the actions, if any, required by the City to cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, which actions must be commenced within such sixty (60) day period and diligently pursued to cure such default, and (b) City fails to cure or commence to cure the default within such time period.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

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Default by City. The City shall be deemed in default in the event of a failure by the City in the performance of a material term of this Development Agreement; provided, however, the City shall be deemed in default only after (a) the Developer provides the City with written notice of default setting forth the nature of the default and the actions, if any, required by the City to cure such default and, where the default can be cured, the City has failed to take such actions and cure such default within sixty (60) 90 days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) 90 day period but can be cured within a longer time, which has failed to commence the actions must be commenced necessary to cure such default within such sixty (60) 90 day period and to diligently pursued proceed to cure complete such default, and (b) City fails to cure or commence to cure the default within such time periodactions.

Appears in 1 contract

Samples: Development Agreement

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Default by City. The City shall be deemed in default in the event of a failure by the City in the performance of this Development Agreement; provided, however, the City shall be deemed in default only after (a) the Developer provides the City with written notice of default setting forth the nature of the default and the actions, if any, required by the City to cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, which actions must be commenced within such sixty (60) day period and diligently pursued to cure such default, and (b) City fails to cure or commence to cure the default within such time period.

Appears in 1 contract

Samples: Development Agreement

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