109-22 Developers Construction Agreement.pdf

1152-121 224456-3 24 period, but the Developer has demonstrated to the satisfaction of the Township the ability and willingness to cure said default and has commenced to cure said default within said thirty- (30-) day period, and further provided the public interest is not jeopardized, the Township may permit the Developer such reasonable time as may be required to cure the default. In the event the Developer shall fail to cure the default within said thirty- (30-) day period or fail to commence and diligently pursue such action as may be required to cure such default within said thirty- (30-) day period, the Township may act to formally declare the Developer in default. A default by the Developer under the terms of this Agreement, the Approval or an approval issued by any other governmental authority having jurisdiction over the Project shall entitle the Township to issue a stop-work order by the Township Zoning Officer or the Township Construction Official. If the default is not cured within the time period indicated in the stop-work order, the Township may proceed to exercise its right and to utilize any and all security available to cure the default. 2. The Township may issue a stop work order for any construction activities associated with the Development if the Developer does not cure the violation set forth in the notice of noncompliance. The Developer agrees not to resume any construction activity until written notice to proceed is received from the Township. The Developer may only perform any construction activity necessary to cure the noticed violation (in conjunction with written approval from the Township Engineer). 3. The parties also acknowledge that any dispute or breach of the terms of this Agreement may also be resolved in the Superior Court, Chancery Division, Essex County. The parties submit to the jurisdiction of said Court and agree that any aggrieved party shall, in addition to all other available remedies, be entitled to injunctive relief on notice to the other party as required by Court rules. The parties also waive any right to a jury trial.