Authority Default. The occurrence of the following shall be an “Event of Default” by the Authority or an “Authority Event of Default”:
(i) the failure of the Authority to pay any payments due to StadCo when due and payable under this Agreement or any other Project Document if such failure continues for more than thirty (30) days after StadCo gives written notice to the Authority that such amount was not paid when due;
(ii) the failure of the Authority to keep, observe or perform any of the material terms, covenants or agreements contained in this Agreement on the Authority’s part to be kept, performed or observed by the Authority (other than as provided in clause (i) above) if (1) such failure is not remedied by the Authority within thirty (30) days after written notice from StadCo of such default or (2) in the case of any such default that cannot with due diligence and in good faith be cured within thirty (30) days, the Authority fails to commence to cure such default within thirty (30) days after written notice from StadCo of such default or the Authority fails to prosecute diligently the cure of such default to completion within such additional period as may be reasonably required to cure such default with diligence and in good faith; it being intended that, in connection with any such default which is not susceptible of being cured with due diligence and in good faith within thirty (30) days, the time within which the Authority is required to cure such default shall be extended for such additional period as may be necessary for the curing thereof with due diligence and in good faith;
(iii) the material breach of any representation or warranty made in this Agreement by the Authority and such breach is not remedied within thirty (30) days after StadCo gives notice to the Authority of such breach which would have a material adverse effect on the ability of the Authority to perform its obligations under this Agreement;
(iv) if any default by the Authority under any of the Project Documents shall have occurred and the same remains uncured after the lapse of the applicable notice and cure period, if any, provided for under the terms of such other Project Document; or
(v) if the Authority defaults under or otherwise fails to comply with terms of a decision rendered pursuant to the Alternative Dispute Resolution Procedures and the same remains uncured for more than thirty (30) days after StadCo gives the Authority notice of such default or failure to comply.
Authority Default. The occurrence of the following shall be an “Event of Default” by the Authority or an “Authority Event of Default”:
Authority Default. Subject to Section 5.2, the Authority shall be in default of this Agreement if the Authority fails to perform any of its obligations hereunder after the Authority has received thirty (30) days’ notice of such default, provided that if such failure cannot be remedied within such thirty (30) day period, the Authority shall not be in default if it commences to remedy the default and diligently pursues the remedy to its completion.
Authority Default. 12.6.1 The following events shall be an Authority Default:
12.6.1.1 not funding or reimbursing Allowable Costs or Trading Costs (except to the extent that such Costs are treated as Disallowable Costs in accordance with this Contract); or
12.6.1.2 failing to make any undisputed payment of Incentive Fee to the Contractor in accordance with Clauses 6.11.3 and 6A.11.5 (Performance Based Incentive Arrangements),
12.6.1.3 in each case within thirty (30) Calendar Days of such sum(s) being due and payable; and
12.6.1.4 a material breach by the Authority of its obligations under this Contract which materially and substantially prevents the performance of the Contractor’s obligations under this Contract.
Authority Default. The Contractor may at any time serve a Notice to terminate this Contract (a "Contractor Termination Notice") if the Authority fails to pay any non-disputed amount exceeding [REDACTED] due under this Contract by the date falling five (5) Business Days after the Relevant Day for such payment. This Contract shall terminate thirty (30) Business Days from the date the Contractor Termination Notice, unless the Authority rectifies the non-payment within that thirty (30) Business Day period from the date of the Contractor Termination Notice. If this Contract terminates under Clause 10.39, then the Contractor shall terminate on the best possible terms such sub-contracts and orders for materials and parts and components bought out in a partly manufactured or wholly manufactured state as have not been completed and Clause 47 (Voluntary Termination) shall be deemed to apply as if the Authority had served a Notice to voluntarily terminate under Clause 10.32. Without prejudice to its rights in Clause 10.32, if the Authority fails to pay any amount exceeding [REDACTED] due under this Contract by the date falling five (5) Business Days after the Relevant Day for such payment, the Contractor may, on giving ten (10) Business Days’ notice, suspend performance of the Works and/or Support Services unless and until payment of the amount due is made. If the Contractor subsequently receives payment of the amount due (before the service of any Contractor Termination Notice), then the Contractor shall resume the Works and/or Support Services immediately, and shall be able to recover any direct, reasonable and properly incurred additional costs incurred as a result of the suspension from the Authority. In exercising its rights or remedies under this Clause 49, the Contractor shall: act in a reasonable and proportionate manner having regard to such matters as the value, frequency and reason of or for any payment failure; and give all due consideration, where appropriate, to action other than suspension or termination of this Contract. The Contractor’s express rights to terminate this Contract set out in this Contract are the Contractor’s sole and exclusive rights to terminate this Contract, and any other rights to terminate provided by law are excluded. IMPACT OF TERMINATION OF THIS CONTRACT ON SHIPBUILD RATIONALISATION ACTIVITIES The Authority acknowledges that if this Contract terminates for any reason that wholesale changes to the Shipbuild Rationalisation Activities carried out u...
Authority Default. The Authority shall be in default under this Agreement (“Authority Default”) in the event the Authority commits a material breach of the Agreement and fails to cure such breach within thirty (30) Days after receiving notice from the Contractor specifying the breach, provided that if the nature of the breach is such that it will reasonably require more than thirty (30) Days to cure, the Authority shall not be in default so long as the Authority promptly commences the cure and diligently proceeds to completion of the cure. In the event of an asserted Authority Default, Contractor shall continue to perform all of its obligations hereunder until a court of competent jurisdiction has issued a final judgment declaring that the Authority is in default.
Authority Default. The Authority is in default of this Agreement if it: (i) fails to provide the Licensed Area during the License Period; (ii) fails to perform or breaches any material provision of this Agreement; (iii) files, or acquiesces in a petition for, bankruptcy, reorganization, insolvency or similar proceeding; or (iv) ceases doing business. If the Authority so defaults, then the Customer may, if the Authority fails to cure such default within twenty-four (24) hours after receiving written notice from the Customer: (i) receive a refund of the License Fee paid to the Authority under this Agreement; and/or (ii) give notice of termination and/or seek other remedies available at law or equity.
Authority Default. In the event the Authority will be in default in the performance of any obligation on its part to be performed under the terms of this Site Lease, which default continues for 30 days following notice and demand for correction thereof from the City or the Bank, to the Authority, the City may, with the consent of the Bank, exercise any and all remedies granted by law, except that no merger of this Site Lease and of the Sublease will be deemed to occur as a result thereof; provided, however, that so long City’s obligations under the Lease Documents remain unpaid, the City will have no power to terminate this Site Lease by reason of any default on the part of the Authority.
Authority Default. Notwithstanding any other clause in this Agreement, Suffolk Libraries shall have the right to terminate this Agreement, for whatever reason, on the provision of at least one months’ notice to expire at any time on or before 31st March 2013.
Authority Default. The occurrence of any one or more of the following events or conditions shall constitute an “Authority Default”:
23.1.1 the Authority fails to make any payment due to Developer (or any permitted assignee thereof) under this Agreement when due; provided, that such payment is not subject to a good faith Dispute;
23.1.2 any representation or warranty made by the Authority under Section
