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#07 - Prairie Sky Townhomes DA
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#07 - Prairie Sky Townhomes DA
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<br />19 <br />LA515\129\891453.v6 <br />federal laws and regulations, including but not limited to subdivision ordinances, <br />zoning ordinances, and environmental regulations. If the City determines that the <br />Subdivision is not in compliance, the City may, at its option following written notice <br />and a reasonable opportunity to cure, refuse to allow construction work on the <br />Subdivision until it is brought into compliance. “Reasonable” shall be defined for <br />these purposes as the City’s estimate as to the amount of time it would take the <br />Developer to bring the Subdivision into compliance. Upon the City’s demand, the <br />Developer shall cease work until there is compliance. <br />28. EVENTS OF DEFAULT. The following shall be "Events of Default" under this <br />Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, <br />any one or more of the following events: <br />A. Subject to unavoidable delays, and following written notice and an opportunity to <br />cure, failure by the Developer to commence and complete construction of the <br />Subdivision Improvements pursuant to the terms, conditions, and limitations of this <br />Agreement. <br />B. Failure by the Developer, following written notice and an opportunity to cure, to <br />substantially observe or perform any material covenant, condition, obligation, or <br />agreement on its part to be observed or performed under this Agreement. <br />29. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject <br />to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by <br />written, executed instrument of the City, may take any one or more of the following: <br />A. The City may suspend its performance under the Agreement until it receives <br />assurances from the Developer, deemed adequate by the City that the Developer <br />will cure its default and continue its performance under the Agreement. Suspension <br />of performance includes the right of the City to withhold permits, including, but not
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