Determination of noncompliance. In the event that it is determined that there has been a failure to comply with the terms of the development agreement, the City may find the use of the land is not in compliance with the development agreement. If the City issues a finding of noncompliance, the developer shall be notified and shall have thirty (30) days to come into compliance. If the developer does not come into compliance within thirty (30) days, the department responsible for land development services shall submit as an agenda item at a regularly scheduled meeting of the City of North Port Commission a request to initiate proceedings to amend or cancel the development agreement.
Determination of noncompliance. The Architectural Committee, on its own initiative or in response to a complaint or report filed by any person, is authorized to determine whether Owner’s Construction Activity complies with, the Design Covenants, the approved Construction Management Plan and/or this Agreement. Any determination of noncompliance by the Architectural Committee of an Owner’s Construction Activity shall be reasonable and not arbitrary or capricious.
Determination of noncompliance. The City Manager shall determine, in the exercise of reasonable discretion, when an event of noncompliance justifying a penalty hereunder has occurred, and, upon such determination, shall notify Contractor in writing and withdraw from the join account established hereunder an amount equal to the penalty for such noncompliance. If Contractor believes such determination has been made erroneously, Contractor may seek reimbursement of such funds through any applicable administrative or judicial process after providing the City Manager written notice thereof and a time period of 30 days in which to repay such withdrawal or otherwise reach resolution with the Contractor.
Determination of noncompliance. The Parties agree that the Office, in its sole discretion, shall make the final determination whether the Company failed to comply with the Jobs Requirement specified in Section 6.2 or the Wage Requirement specified in Section 6.4 in the event any Party seeks to terminate this Agreement under this Section.
Determination of noncompliance. If Treasury makes a final determination under paragraph 26 that an instance of noncompliance has occurred, Treasury may, in its sole discretion, require the repayment of the amount of any previously disbursed Funds, with appropriate interest; require additional reporting or monitoring; initiate suspension or debarment proceedings as authorized under 2 CFR Part 180; terminate this Grant Agreement; or take any such other action as Treasury, in its sole discretion, deems appropriate.
Determination of noncompliance. The DRC, on its own initiative or in response to complaint or report filed by any person, is authorized to determine whether Owner’s Construction Activity is in violation of, or not compliant with, the CC&Rs, the Construction Management Plan or this Agreement.
