109-22 Developers Construction Agreement.pdf

1152-121 224456-3 26 instruments in form and substance sufficient to terminate this Agreement and to release any recorded memorandum of this Agreement of record. W. ENTIRE AGREEMENT: This Agreement, together with the Approval, sets forth the promises, agreements, conditions and understandings between the parties hereto relative to the subject matter hereof. Except as herein otherwise specifically provided, subsequent alterations, amendments, changes or additions to this Agreement must be in writing and signed by the Township and the Developer. X. NO WAIVER: Nothing herein shall be construed as a waiver by the Township of the requirements of the MLUL, any Township Ordinance, or any requirements or conditions of the Approval unless such waiver is specifically stated. Y. SUCCESSORS AND ASSIGNS BOUND: All the terms, covenants and conditions set forth in this Agreement shall be for and shall inure to the benefit of and shall be binding upon the respective parties hereto and their successors and assigns. The Developer’s assignment of this Agreement and the Approval to a successor-in- interest is governed by Section E of this Agreement above. If a purchaser or other transferee of the Property assignee fails to enter into an Assignment and Assumption Agreement (or replacement Developer’s Construction Agreement) in accordance with Section E of this Agreement, then the Township shall have the right to withdraw the Approval and proceed with such other relief as may be appropriate. No assignment of this Agreement or the Approval shall be complete until notice has been provided to the Township pursuant to Section 94-7.4 of the LDO. A memorandum of this Agreement, in form and substance acceptable to the Developer and