Breach by City. Parties agree that in the event of a breach by the City, Owner’s remedies are limited to specific performance of the terms of this agreement. Owner is not entitled to monetary damages or attorneys’ fees from City related to any claim arising from or related to this agreement.
Breach by City. If City shall fail or refuse to perform its obligations as required hereunder, then the Owner shall provide written notice to the City indicating the nature of the default. City shall have thirty (30) days following the receipt of such written notice to cure the default described in such notice; provided, however, if the City shall proceed with due diligence to cure said default after said notice, then such thirty (30) day period shall be extended to such a period of time as may reasonably be required to cure such default while proceeding with due diligence. If the City has not cured the default within the said cure period, the Owner may seek and obtain equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or an injunction. Should the remedies of specific performance or injunction not be available to the Owner because of action of City, then the Owner shall be entitled to bring a legal action for damages. City hereby waives trial by jury in connection with any proceeding brought to enforce the terms of this Agreement.
Breach by City. If Xxxxxx believes that CIty has materially breached this Agreement, Xxxxxx will first notify the City in writing of the purported breach, giving the City sixty (60) days from receipt of such notice to cure such breach. In the event City does not then cure or, if the breach is not reasonably susceptible to cure within that sixty (60) day period, begin to cure within sixty (60) days and thereafter diligently prosecute such cure to completion, then Tenant may either (i) terminate in writing this entire Agreement, or (ii) seek specific performance of this Agreement.
Breach by City. Each of the following shall constitute a Breach on the part of the City:
a) The City’s being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property;
b) A bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted by the City under the laws of any jurisdiction;
c) A bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted against the City under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty (120) days;
d) Any action or answer by the City approving of, consenting to or acquiescing in any bankruptcy, reorganization, insolvency, arrangement or similar proceeding; or
e) The levy of any distress, execution or attachment upon the property of the City which shall (or which reasonably might be expected to) substantially interfere with the City’s performance hereunder.
Breach by City. Notwithstanding anything in these Standard Terms to the contrary, if City at any time is required to pay to Wireless Provider any amount or render any performance, such amount or performance is not due until thirty (30) days after notice by Wireless Provider to City that the amount has become payable or that the performance is due. In the event a cure cannot be effected during that period, City shall not be in default so long as City commences cure during the period and diligently prosecutes the cure to completion provided such cure must be completed within sixty (60) days after the notice.
Breach by City. (a) Eon Entities shall provide notice to the City of a breach in writing, identifying the nature of the alleged breach and requested remedy. A breach shall be cured if remedied within thirty (30) days of receipt of the notice, or such other time as mutually agreed.
(b) If a breach is not cured as set forth above, the Eon Entities may bring an action, in law or in equity, to enforce this Agreement or for damages, or both.
Breach by City. (a) TWC shall provide notice to the City of a breach in writing, identifying the nature of the alleged breach and requested remedy. A breach shall be cured if remedied within thirty (30) days of receipt of the notice, or such other time as mutually agreed.
(b) If a breach is not cured as set forth above, TWC may bring an action, in law or in equity, to enforce this Agreement or for damages, or both.
Breach by City. City will be in default hereunder if City fails to perform or comply with any covenant, agreement or condition contained in this Agreement and does not cure that failure within the period of ten (10) calendar days after receipt of a written notice of default (or if such default is of a nature which cannot reasonably be cured within ten (10) calendar days, then City does not cure such failure within such longer period as is reasonably required to cure such default, provided that City undertakes in good faith to commence such cure within such ten (10) calendar days and thereafter diligently prosecutes such cure to completion). If City is in default hereunder, Licensee may exercise any right or remedy that it may have under this Agreement or that is otherwise available at law or in equity or by statute, including specific performance. All rights and remedies of Licensee hereto shall be cumulative, non-exclusive and shall survive the expiration or termination of this Agreement, subject to applicable statutes of limitation.
Breach by City. Each of the following shall constitute a Breach on the part of the City:
a) The City's being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property;
b) A bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted by the City under the laws of any jurisdiction;
c) A bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted against the City under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty (120) days;
d) Any action or answer by the City approving of, consenting to or acquiescing in any bankruptcy, reorganization, insolvency, arrangement or similar proceeding; or
e) The levy of any distress, execution or attachment upon the property of the City which shall (or which reasonably might be expected to) substantially interfere with the City performance hereunder.
f) Failure of the City to perform in a timely fashion any obligation under this Agreement, except that such failure shall constitute a Breach only if such failure remains uncured for seven (7) days after notice to the City from the Contractor of such failure; provided however, that this seven (7) day notice with opportunity to cure shall not be required in the event of persistent and repeated failure to perform.
Breach by City. If City materially breaches the terms, covenants, or conditions which this MFA requires City to perform, Council will notify City of the breach within a reasonable time after Council becomes aware of the breach. City will then be given a reasonable time period to cure the breach. If the breach is not cured within 90 days, then senior management from City and Council will meet in good faith to discuss the breach and the measures taken to remedy it. If the meeting between senior management from Council and City doesn’t result in a cure or a plan to effect a cure that is satisfactory to Council, then Council may terminate this MFA upon 90 days’ written notice to the City. If circumstances dictate that the breach must be cured immediately, and Council is forced to cure the breach, City will reimburse Council for the reasonable costs of effecting the remedy. Council retains the right to collect any damages from City that occurred as a result of City’s breach.
