Breach by City. Parties agree that in the event of a breach by the City, Owner's remedies shall be limited to specific performance, and under no circumstances shall the Owner be entitled to seek or recover monetary damages or other monetary relief.
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:
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. In the event of the breach of this Lease by the City, Tenant shall have the right to terminate this Lease and shall have all other rights and remedies provided by law.
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.
Breach by City. Upon the occurrence of any of the following events: (i) the City discontinues or abandons construction for more than thirty (30) days or otherwise fails to adhere materially to the City’s New Schedule; (ii) Construction Completion is not achieved on or before the completion deadline set forth in the City’s New Schedule; or (iii) the City fails to comply with any other terms of this Agreement or the City’s Completion Conditions, then upon the City’s failure to remedy any such breach within thirty (30) days’ written notice thereof, the City’s Completion Rights shall terminate and Lender, by itself or through a Receiver, shall have the right to take full possession of the Property, remove the City, its agents, and any of the City’s Contractors from the Property, and complete construction of the Project.
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. 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.
