AUTHORITY REMEDIES. 29.1 Without prejudice to any other rights or remedies arising under this Framework Agreement, including under Clause 30.2 (Termination on Material Default), if the Supplier fails to achieve a KPI Target on two or more occasions within any twelve (12) Month rolling period, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its absolute and sole discretion) all or any of the following remedial actions:
29.1.1 The Authority shall be entitled to require the Supplier, and the Supplier agrees to prepare and provide to the Authority, an Improvement Plan within ten (10) Working Days of a written request by the Authority for such Improvement Plan. Such Improvement Plan shall be subject to Approval and the Supplier will be required to implement any Approved Improvement Plan, as soon as reasonably practicable.
29.1.2 The Authority shall be entitled to require the Supplier, and the Supplier agrees to attend, within a reasonable time one (1) or more meetings at the request of the Authority in order to resolve the issues raised by the Authority in its notice to the Supplier requesting such meetings.
29.1.3 The Authority shall be entitled to serve an Improvement Notice on the Supplier and the Supplier shall implement such requirements for improvement as set out in the Improvement Notice.
29.1.4 In the event that the Authority has, in its absolute and sole discretion, invoked one or more of the remedies set out above and the Supplier either:
(a) fails to implement such requirements for improvement as set out in the Improvement Notice; and/or
(b) fails to implement an Improvement Plan Approved by the Authority; then (without prejudice to any other rights and remedies of termination provided for in this Framework Agreement), the Authority shall be entitled to terminate this Framework Agreement.
AUTHORITY REMEDIES. In the event of any of the foregoing events of default enumerated in this Article, and following ten (10) days notice by Authority and Company's failure to cure, Authority, at its election, may exercise any one or more of the following options or remedies, the exercise of any of which will not be deemed to preclude the exercise of any other remedy herein listed or otherwise provided by statute or general law:
A. Terminate Company's rights under this Contract and, in accordance with law, Company will remain liable for all payments or other sums due under this Contract and for all damages suffered by Authority because of Company's breach of any of the covenants of this Contract; or
B. Treat this Contract as remaining in existence, curing Company's default by performing or paying the obligation which Company has breached. In such event all sums paid or expenses incurred by Authority directly or indirectly in curing Company's default will become immediately due and payable as well as interest thereon, from the date such fees or charges became due to the date of payment, at twelve percent (12%) per annum or to the maximum extent permitted by law; or
C. Declare this Contract to be terminated, ended, null and void. No waiver by Authority at any time of any of the terms, conditions, covenants, or agreements of this Contract, or noncompliance therewith, will be deemed or taken as a waiver at any time thereafter of the same or any other term, condition, covenant, or agreement herein contained, nor of the strict and prompt performance thereof by Company. No notice by Authority will be required to restore or revive time is of the essence hereof after waiver by Authority or default in one or more instances. No option, right, power, remedy, or privilege of Authority will be construed as being exhausted or discharged by the exercise thereof in one or more instances. It is agreed that each and all of the rights, powers, options, or remedies given to Authority by this Contract are cumulative and that the exercise of one right, power, option, or remedy by Authority will not impair its rights to any other right, power, option, or remedy available under this Contract or provided by law. No act or thing done by Authority or Authority agents or employees during the Term will be deemed an acceptance of the surrender of this Contract, and no acceptance of surrender will be valid unless in writing.
AUTHORITY REMEDIES. 32.1 Without prejudice to any other rights or remedies arising under this Framework Agreement, including under Clause 33.2 (Termination on Material Default), if the Supplier fails to achieve a KPI Target on two or more occasions within any twelve
AUTHORITY REMEDIES. In the event of any of the foregoing events of default enumerated in this Article, and following ten
AUTHORITY REMEDIES. Without prejudice to any other rights or remedies arising under this Panel Agreement, including under Clause 33.2 (Termination on Material Default) if the Supplier: is informed in writing that the results of any Panel Customers Satisfaction Survey are deemed to be unsatisfactory by the Authority in its sole discretion pursuant to Clause 16.4; fails to achieve a KPI Target on two (2) or more occasions within any twelve (12) Month rolling period; is unable to accept a Legal Services Contract (where the Panel Customer requires the provision of Optional Specialisms only under lot 2 only) on three (3) or more occasions within any twelve (12) Month rolling period where either; the Supplier does not have adequate resources to properly service an Order or respond to an invitation to participate in a Further Competition Procedure because the required resources are engaged in servicing non-Panel work or other non-Government work; or the Supplier has not re-organised/strengthened its capacity and resources within the time limit set by the Authority (which shall be no more than three (3) Months) where they do not have adequate resources to properly service the Order or respond to an invitation to participate in a Further Competition because the required resources are engaged in servicing existing Orders made under the Panel Agreement or other work for Government; or is unable to accept a Legal Services Contract where the Panel Customer requires the provision of Mandatory Specialisms on two (2) or more occasions within any twelve (12) Month rolling period where either: the Supplier does not have adequate resources to properly service an Order or respond to an invitation to participate in a Further Competition Procedure because the required resources are engaged in servicing non-Panel work or other non Government work; or the Supplier has not re-organised/strengthened its capacity and resources within the time limit set by the Authority (which shall be no more than three (3) Months) where they do not have adequate resources to properly service the Order or respond to an invitation to participate in a Further Competition because the required resources are engaged in servicing existing Orders made under the Panel Agreement or other work for Government, the Supplier acknowledges and agrees that the Authority shall have the right to exercise (in its absolute and sole discretion) all or any of the following remedial actions: The Authority shall be entitled to require the Sup...
AUTHORITY REMEDIES. Upon Relocation Default 6
AUTHORITY REMEDIES. Upon the occurrence of any StadCo Event of Default and while such remains uncured, the Authority may, in its sole discretion, pursue any one or more of the following remedies:
(a) So long as the StadCo Event of Default arises under either (i) Section 18.1(i), but only if the amount due to the Authority is in excess of One Million and No/100 Dollars ($1,000,000.00), (ii) Section 18.1(ii), (iii) Section 18.1(iii), (iv) Section 18.1(iv), or (v) Section 18.1(v), but only if such failure results in a violation of Applicable Law that affects life, safety, public health or the environment in any material respect or if such failure causes the Premises not to be available to host three (3) scheduled, ticketed Stadium Events in any 12-month period not as a result of a Force Majeure, the Authority may (but under no circumstance shall be obligated to) terminate this Agreement subject and pursuant to Section 18.4 and 18.9, and upon such termination the Authority may forthwith reenter and repossess the Premises by entry, forcible entry or detainer suit or otherwise, without demand or notice of any kind (except as otherwise set forth herein) and be entitled to recover (unless any party recovers liquidated damages against TeamCo under the Non-Relocation Agreement, in which event damages under this Lease shall not be available with respect to a StadCo Event of Default arising under Section 18.1(ii)), as damages under this Lease, a sum of money equal to the total of (A) the cost of recovering the Premises, (B) the cost of removing and storing the StadCo Personal Property or any other occupant's Property, (C) the unpaid sums accrued hereunder at the date of termination and (D) without duplication, any Damages; provided, as long as the Bonds are outstanding, in no event shall the Authority be permitted to terminate this Lease by reason of a StadCo Event of Default. If the Authority shall elect to terminate this Lease, the Authority shall at once have all the rights of reentry upon the Premises, without becoming liable for damages or guilty of trespass. For the avoidance of doubt, the foregoing StadCo Events of Default described in this Section 18.2 are the only StadCo Events of Default for which the Authority has the right to terminate this Lease;
(b) Unless the StadCo Event of Default arises under Section 18.1(vii), the Authority may (but under no circumstance shall be obligated to) enter upon the Premises and do whatever StadCo is obligated to do under the terms of this L...
AUTHORITY REMEDIES. 100 13.01 Default. 100 13.02 Remedies. 102 13.03 Bankruptcy. 104 13.04 Special Cancellation Right. 105 13.05 Elimination of Perimeter Rule. 105 ARTICLE 14. AIRLINE REMEDIES. 106 14.01 Default. 106 14.02 Airline's Remedy. 106 14.03 Termination. 106
AUTHORITY REMEDIES. If a StadiumCo Default occurs and is continuing, the Authority may terminate the Lease and pursue such rights and remedies as are available at law or in equity, including specific performance or monetary damages.
AUTHORITY REMEDIES. In the event of any of the foregoing events of default enumerated in this Article, and following ten (10) days notice by Authority and Company's failure to cure, Authority, at its election, may exercise any one or more of the following options or remedies, the exercise of any of which will not be deemed to preclude the exercise of any other remedy herein listed or otherwise provided by statute or general law:
A. Terminate Company's rights under this Agreement and, in accordance with law, Company will remain liable for all payments or other sums due under this Agreement and for all damages suffered by Authority because of Company's breach of any of the covenants of this Agreement; or
B. Treat this Agreement as remaining in existence, curing Company's default by performing or paying the obligation which Company has breached. In such event all sums paid or expenses incurred by Authority directly or indirectly in curing Company's default will become immediately due and payable as well as interest thereon, from the date such fees or charges became due to the date of payment, at twelve percent (12%) per annum or to the maximum extent permitted by law; or
