Common use of No Commencement Clause in Contracts

No Commencement. Subject to the terms and conditions of Section 22, if Commencement of Construction of the associated Project Phase Work has not occurred within ninety (90) days after each of the Bond Proceeds Dates, then, at any time until Commencement of Construction has occurred for the specific Project Phase Work for which Developer issued a Bond Proceeds Notice, City may elect, in addition to any other legal and equitable remedies available to City, to unilaterally terminate this Agreement and all Ancillary Agreements and notify Developer that no additional Bond Proceeds will be disbursed, without any liability or obligation to Developer or Project Lender. Subject to the foregoing, the Power of Termination and foregoing rights shall be deemed exercised upon delivery to Developer of written notice delivered at any time after such ninety (90) day period but prior to Commencement of Construction. No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 17(a), or to invoke any available remedy with respect to an Event of Default by Developer shall under any circumstances be deemed or held to be a waiver by City Bodies of the right to do so thereafter, or an estoppel of City Bodies to assert any right available to it upon the occurrence, recurrence of continuation of any violation or violations hereunder. No consent from, or notice to, Project Lender or any cure right in favor of Project Lender shall be required in connection with the exercise of such right. The foregoing terms shall be incorporated into the Multi-Party Agreement.

No Commencement. Subject to the terms and conditions of Section 22Force Majeure, if Commencement of Xxxxxxxx has not Commenced Construction of the associated Project Phase Work has not occurred Police Station within ninety (90) days after each of the Bond Proceeds DatesEffective Date, then, at any time until Commencement Xxxxxxxx commences construction of Construction has occurred for the specific Project Phase Work for which Developer issued a Bond Proceeds NoticePolice Station, City may elect, in addition to any other legal and equitable remedies available to City, to (i) unilaterally terminate this Agreement and all Ancillary Agreements Agreements; and notify Developer that no additional Bond Proceeds will be disbursed, (ii) exercise its Power of Termination without any liability or obligation to Developer Xxxxxxxx or Project Police Station Lender, except as provided in this paragraph and in the Scoping Agreement. Subject to the foregoing, the Power of Termination and foregoing rights shall be deemed exercised upon delivery to Developer Xxxxxxxx and Police Station Lender of written notice delivered at any time after such ninety (90) day period but prior to Commencement commencement of Constructionconstruction. Such notice shall be accompanied by the Divestiture Payment. Upon delivery of such notice and payment of the applicable Divestiture Payment to Xxxxxxxx, Xxxxxxxx shall abandon the Project Site and remove all equipment and personal property from the Project Site. No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 17(a7.04(A), or to invoke any available remedy with respect to an Event of Default by Developer Hagerman shall under any circumstances be deemed or held to be a waiver by City Bodies of the right to do so thereafter, or an estoppel of City Bodies to assert any right available to it upon the occurrence, recurrence of continuation of any violation or violations hereunder. No consent from, or notice to, Project Police Station Lender or any cure right in favor of Project Police Station Lender shall be required in connection with the exercise of such right. The foregoing terms shall be incorporated into the Multi-Party Agreement.

No Commencement. Subject to the terms Force Majeure and conditions of Section 22after offering in writing to meet with Company to discuss Company’s failure to commence, if Commencement of Construction Company has not commenced construction of the associated Project Phase Work has not occurred within ninety one hundred fifty (90150) days after each of the Bond Proceeds DatesClosing Date, then, at any time until Commencement Company commences construction of Construction has occurred for the specific Project Phase Work for which Developer issued a Bond Proceeds NoticeProject, City may elect, in addition to any other legal and equitable remedies available to City, to (i) unilaterally terminate this Agreement Agreement; and all Ancillary Agreements (ii) re-enter the Site and notify Developer that no additional Bond Proceeds will be disbursedexercise its Power of Termination and cause title to the Site to vest in the RDC, without any liability or obligation to Developer or Project LenderCompany. Subject to the foregoing, the The Power of Termination and foregoing rights shall be deemed exercised upon delivery to Developer Company of written notice Notice delivered at any time after such ninety one hundred fifty (90150) day period but prior to Commencement of ConstructionConstruction (as defined herein below) of the Project. Upon delivery of such Notice to Company, Company shall surrender possession of the Site to RDC and title to the Site shall automatically, and without further action, vest in the RDC; provided, however, if title to the property cannot automatically vest in the RDC, Company acknowledges and agrees that it shall execute a limited warranty deed and take all other required action under the Laws or by the Title Insurer to reconvey the Site to the RDC. Any such re-vesting shall be free and clear of any and all encumbrances, liens, mortgages, easements, agreements, and other matters of record other than those existing immediately prior to Closing. No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 17(a), 13(a) or to invoke any available remedy with respect to an Event of Default by Developer Company shall under any circumstances be deemed or held to be a waiver by City Bodies of the right to do so thereafter, or an estoppel of City Bodies to assert any right available to it upon the occurrence, recurrence of continuation of any violation or violations hereunder. No consent fromFor purposes of this Section 13(a), or notice to, “Commencement of Construction” shall mean material and substantial work on the Project Lender or any cure right in favor pursuant to Required Permits such as installation of Project Lender footings and foundations and shall not be required in connection with the exercise deemed to occur as a result of such right. The foregoing terms shall be incorporated into the Multi-Party Agreementmere excavation work.

No Commencement. (i) Initial Project. Subject to the terms and conditions of Section 22, if Commencement of Construction Developer has not commenced construction of the associated Project Phase Work has not occurred Office Building or the Garage within ninety one hundred fifty (90150) days after each the Closing Date and such delay is not directly caused by the City’s performance of the Bond Proceeds DatesCity On-Site Work, then, at any time until Commencement Developer commences construction of Construction has occurred for the specific Project Phase Work for which Developer issued a Bond Proceeds NoticeOffice Building or the Garage, City may elect, in addition to any other legal and equitable remedies available to City, to (i) unilaterally terminate this Agreement and all Ancillary Agreements Agreements; and notify Developer that no additional Bond Proceeds will be disbursed(ii) re-enter the Project Site and exercise its Power of Termination and cause title to the Project Site to vest in Building Corp.; and (iii) unilaterally terminate the Ancillary Documents, including, without limitation, Developer’s interest in and under the Garage Lease and Developer’s leasehold estate in the Garage and Garage Parcel pursuant to the Garage Lease and Declaration; in each case, without any liability or obligation to Developer or Project LenderDeveloper. Subject to the foregoing, the Power of Termination and foregoing rights shall be deemed exercised upon delivery to Developer of written notice delivered at any time after such ninety one hundred fifty (90150) day period but prior to Commencement commencement of Constructionconstruction of the Office Building or the Garage. Upon delivery of such notice to Developer, Developer shall surrender possession of the Project Site to Building Corp. and title to, and all estates of Developer in the Garage Lease shall terminate, and the Project Site shall automatically, and without further action, re-vest in Building Corp. Any such re-vesting shall be free and clear of any and all encumbrances, liens, mortgages, easements, agreements, and other matters of record other than those existing immediately prior to Closing. No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 17(a17(a)(i), or to invoke any available remedy with respect to an Event of Default by Developer shall under any circumstances be deemed or held to be a waiver by City Bodies of the right to do so thereafter, or an estoppel of City Bodies to assert any right available to it upon the occurrence, recurrence of continuation of any violation or violations hereunder. No consent fromFor purposes of this Section 17(a)(i), “commencement of construction” shall mean material and substantial work on the Office Building or notice to, Project Lender or any cure right in favor Garage pursuant to Required Permits such as installation of Project Lender footings and foundations and shall not be required in connection with the exercise deemed to occur as a result of such rightmere excavation work. The foregoing terms shall be incorporated into the Multi-Party AgreementGarage Lease and the Declaration. Further, such terms shall encumber the entire Project Site; provided, however, if the Hotel Parcel has been conveyed to the Hotel Developer, this Section 17(a)(i) shall only encumber the portions of the Project Site owned by Developer.

No Commencement. Subject to the terms Force Majeure and conditions of Section 22after offering in writing to meet with Company to discuss Company’s failure to commence, if Commencement of Construction Company has not commenced construction of the associated Project Phase Work has not occurred within ninety (90) days after each of the Bond Proceeds DatesClosing Date, then, at any time until Commencement Company commences construction of Construction has occurred for the specific Project Phase Work for which Developer issued a Bond Proceeds NoticeProject, City may elect, in addition to any other legal and equitable remedies available to City, to (i) unilaterally terminate this Agreement Agreement; and all Ancillary Agreements (ii) re-enter the Project Site and notify Developer that no additional Bond Proceeds will be disbursedexercise its Power of Termination and cause title to the City Parcel to vest in the RDC, without any liability or obligation to Developer or Project LenderCompany. Subject to the foregoing, the The Power of Termination and foregoing rights shall be deemed exercised upon delivery to Developer Company of written notice Notice delivered at any time after such ninety (90) day period but prior to Commencement of ConstructionConstruction (as defined herein below) of the Project. Upon delivery of such Notice to Company, Company shall surrender possession of the City Parcel to the RDC and title to the City Parcel shall automatically, and without further action, vest in the RDC; provided, however, if title to the property cannot automatically vest in the RDC, Company acknowledges and agrees that it shall execute a limited warranty deed and take all other required action under the Laws or by the Title Insurer to reconvey the City Parcel to the RDC. Any such re-vesting shall be free and clear of all encumbrances, liens, mortgages, easements, agreements, and other matters of record other than those existing immediately prior to Closing. No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 17(a), ) or to invoke any available remedy with respect to an Event of Default by Developer Company shall under any circumstances be deemed or held to be a waiver by City Bodies of the right to do so thereafter, or an estoppel of City Bodies to assert any right available to it upon the occurrence, recurrence of continuation of any violation or violations hereunder. No consent fromFor purposes of this Section 17(a), “Commencement of Construction” shall mean material and substantial work on the Project pursuant to Required Permits such as installation of footings and foundations and shall not be deemed to occur as a result of (1) mere excavation work, or notice to, Project Lender or any cure right in favor of Project Lender shall be required in connection (2) work related to working with the exercise of such right. The foregoing terms shall be incorporated into the MultiHeritage Xxxxxxx and adjacent property owners on open-Party Agreementgreen space programming and design.

No Commencement. Subject to the terms and conditions of Section 22Force Majeure, if Commencement of Xxxxxxxx has not Commenced Construction of the associated Project Phase Work has not occurred Garage within ninety (90) days after each of the Bond Proceeds DatesEffective Date, then, at any time until Commencement Xxxxxxxx commences construction of Construction has occurred for the specific Project Phase Work for which Developer issued a Bond Proceeds NoticeGarage, City may elect, in addition to any other legal and equitable remedies available to City, to (i) unilaterally terminate this Agreement and all Ancillary Agreements Agreements; and notify Developer that no additional Bond Proceeds will be disbursed, (ii) and exercise its Power of Termination without any liability or obligation to Developer Xxxxxxxx or Project Garage Lender, except as provided in this paragraph and in the Scoping Agreement. Subject to the foregoing, the Power of Termination and foregoing rights shall be deemed exercised upon delivery to Developer Xxxxxxxx and Garage Lender of written notice delivered at any time after such one ninety (90) day period but prior to Commencement commencement of Constructionconstruction. Such notice shall be accompanied by the Divestiture Payment. Upon delivery of such notice and payment of the applicable Divestiture Payment to Xxxxxxxx, Xxxxxxxx shall abandon the Project Site and remove all equipment and personal property from the Project Site. No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 17(a7.04(A), or to invoke any available remedy with respect to an Event of Default by Developer Hagerman shall under any circumstances be deemed or held to be a waiver by City Bodies of the right to do so thereafter, or an estoppel of City Bodies to assert any right available to it upon the occurrence, recurrence of continuation of any violation or violations hereunder. No consent from, or notice to, Project Garage Lender or any cure right in favor of Project Garage Lender shall be required in connection with the exercise of such right. The foregoing terms shall be incorporated into the Multi-Party Agreement.

No Commencement. Subject to the terms and conditions of Section 22Force Majeure, if Commencement of Construction Company has not commenced construction of the associated Project Phase Work has not occurred within ninety (90) days after each of the Bond Proceeds DatesClosing Date, then, at any time until Commencement Company commences construction of Construction has occurred for the specific Project Phase Work for which Developer issued a Bond Proceeds NoticeProject, City Bodies may elect, in addition to any other legal and equitable remedies available to CityCity Bodies, to unilaterally terminate this Agreement and all the Ancillary Agreements and notify Developer that no additional Bond Proceeds will be disbursedAgreements, without any liability or obligation to Developer or Project LenderCompany. Subject to the foregoing, the Power of Termination and The foregoing rights shall be deemed exercised upon delivery to Developer Company of written notice Notice delivered at any time after such ninety (90) day period but prior to Commencement of ConstructionConstruction (as defined herein below) of the Project. Within thirty (30) days of the delivery of the Notice to Company, Company shall reimburse the Commission for the City Land in the amount of One Hundred Thirty Thousand, Four Hundred Fifteen and no/100 Dollars ($130,415.00) No delay or failure by City Bodies to enforce any of the covenants, conditions, reservations and rights contained in this Section 17(a), 11(a) or to invoke any available remedy with respect to an Event of Default by Developer Company shall under any circumstances be deemed or held to be a waiver by City Bodies of the right to do so thereafter, or an estoppel of City Bodies to assert any right available to it upon the occurrence, recurrence of continuation of any violation or violations hereunder. No consent fromFor purposes of this Section 11(a), or notice to, “Commencement of Construction” shall mean material and substantial work on the Project Lender or any cure right in favor pursuant to Required Permits such as installation of Project Lender footings and foundations and shall not be required in connection with the exercise deemed to occur as a result of such right. The foregoing terms shall be incorporated into the Multi-Party Agreementmere excavation work.