Breach by City Clause Samples
The 'Breach by City' clause defines the consequences and procedures that apply if the city fails to fulfill its obligations under the agreement. Typically, this clause outlines the steps the other party must take to notify the city of the breach, any cure periods allowed for the city to remedy the issue, and the remedies available if the breach is not resolved, such as termination or damages. Its core function is to provide a clear process for addressing non-performance by the city, ensuring both parties understand their rights and responsibilities in the event of a breach.
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. 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 ▇▇▇▇▇▇ believes that CIty has materially breached this Agreement, ▇▇▇▇▇▇ 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. Parties agree that in the event of a breach by the City, Owner will have the right to seek all remedies provided by law. Attorney’s Fees. If any party breaches this Agreement, the breaching party shall pay the non-breaching parties reasonable costs and attorney fees incurred in the enforcement of the terms and conditions of this Agreement. General Provisions. City shall: Cause its staff to timely and promptly approve or disapprove written submittal by Owner of any plans, specifications, drawings, details or other pertinent data required in connection with any water line, sanitary sewer line, storm drainage or other utility serving the Property or any improvements within any dedicated right-of-way on the Property. Any disapproval shall set forth the items disapproved together with the reasons for such disapproval. Use its best efforts securing, at Owner’s expense, construction and maintenance agreements from governmental or private entities in order to allow Owner to fulfill its obligations under this Agreement and to proceed with development of the Property. Cooperate with Owner with any filings, applications, approvals, or other administrative procedures with governmental entities other than the City, which is necessary to allow Owner to fulfill its obligations under this Agreement and to develop the Property in a timely manner. Provide police and other municipal services to the Property to the same extent as those services are provided by City throughout the balance of the City, pursuant to the City’s uniform applied policies. Not unreasonably withhold its consent or approval when any consent or approval is required. Owner shall notify the City of assignments and the name of the assignee(s) upon the sale or other transfer of any portion of the Property. The transferor of such portion shall be released from all liability and obligation under this Agreement relating to such portion and all such liabilities and obligations shall be assumed by the transferee (unless transferee is a member of the home buying public or governmental entity). Nothing contained in the Agreement shall constitute or be interpreted as a repeal of existing codes, ordinances or as a waiver of the City’s legislative, governmental or police powers to promote and protect the health, safety, and general welfare of the City or its inhabitants; nor shall this agreement prohibit the enactment by the City of any fee which is of uniform or general application. It is understood and agreed by th...
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. If default be made in the performance of any covenant or condition which City is required to observe or perform, and such default shall continue for sixty (60) calendar days after written notice of default is given by Manager to City (or if such default cannot be corrected within said sixty (60) calendar day period, and City fails to commence correction of such default within said sixty (60) calendar day period and diligently pursues its correction to completion), then Manager may treat the occurrence of one or more of the foregoing events as a breach of this Agreement.
Breach by City. LESSEE may not terminate this Agreement except for a material breach of the Agreement by CITY.
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. No occurrence shall constitute an Event of Default until the Developer has given the City written notice of the default and thirty (30) calendar days within which to cure the default. If any default cannot reasonably be cured within the initial thirty (30) calendar days, no Event of Default shall be deemed to occur so long as the City has commenced and is diligently implementing a cure within such thirty (30) day period and diligently pursues such cure to a conclusion. If the City commits an Event of Default under this Agreement, Developer shall have, in addition to the remedies expressly provided herein, all remedies allowed by law or equity; provided, however, that in no event shall the City be liable to Developer for any punitive, speculative, or consequential damages of any kind, and notwithstanding anything herein, in no event shall the City be liable for any costs or damages exceeding the maximum indebtedness amount described in Section 1.7 for any and all City obligations at issue.
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.