Breach by Owner. If Owner (A) fails to timely pay any sum owed to Manager which remains unpaid for more than ten (10) days after notice from Manager or (B) commits a material violation or breach of any other obligation of Owner under this Agreement which remains uncured for more than thirty (30) days after notice from Manager (plus, in the case of breaches which cannot reasonably be cured within thirty (30) days, such additional time as is reasonably required to cure such breach not to exceed ninety (90) days), then Manager may, in addition to its other remedies at law or in equity, terminate this Agreement by written notice to Owner.
Breach by Owner. If Owner shall fail or refuse to perform its obligations as required hereunder, then the City shall provide written notice to the Owner indicating the nature of the default. Owner shall have thirty (30) days following the receipt of such written notice to cure the default described in such notice; provided, however, if the Owner 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 Owner has not cured the default within the said cure period, the City 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 City because of action of Owner, then the City shall be entitled to bring a legal action for damages. Developer hereby waives trial by jury in connection with any proceeding brought to enforce the terms of this Agreement.
Breach by Owner. In the event that Owner breaches the terms of this Contract, Builder shall be entitled to recover Builder’s actual damages, including without limitation, Builder’s lost profit, incurred as a result of Owner’s breach. Builder hereby waives all claims for consequential or incidental damages. This section is subject to the terms and conditions of the Warranty set forth under Section 11.
Breach by Owner. The failure by Owner of its obligations under this Agreement shall constitute a breach (unless Owner can demonstrate that such failure is the result of events beyond its control). Owner shall have 30 days after notice from Servicing Party to correct any breach of its obligations under the Agreement.
Breach by Owner. In the event that Owner breaches this Work Agreement & Authorization, then Contractor shall be entitled to pursue any and all remedies available to Contractor against Owner, at law or in equity, in which case Owner shall be entitled to compensation for all costs, expenses, and damages arising out of Owner's breach of this Agreement, including reasonable attorney fees, regardless of whether litigation is commenced. Additionally, failure to pay charges as they are incurred shall serve as grounds for Contractor to file a lien against Owner’s property.
Breach by Owner. If Owner breaches this Agreement and fails to cure such breach within 10 days of the date that the City gives Owner notice of such breach, then the City may enforce any of the following remedies (or any combination thereof):
Breach by Owner. Upon breach by the Owner of any covenant, term or condition of this Agreement, and if such breach has not been rectified to the satisfaction of the Municipality by the Owner within seven (7) days of notice from the Municipality, the Municipality at its sole option, may:
Breach by Owner. In the event of a default or breach by Owner of any term, condition, covenant, or obligation under this Agreement, the Town may take such action as it deems necessary to protect the public health, safety and welfare; to protect lot buyers and builders; and to protect the citizens of the Town from hardship. The Town’s remedies include:
(I) The refusal to issue any development permit, building permit or certificate of occupancy. This remedy shall not affect sales to bona fide purchasers nor be applied to bona fide purchasers;
(II) A demand that the security given for the completion of the public improvements be paid or honored;
(III) The refusal to consider further development plans within the Property; and/or
(IV) Any other remedy available at law. Unless necessary to protect the immediate health, safety, and welfare of the Town or Town residents, the Town shall provide Owner ten (10) days’ written notice of its intent to take any action under this Paragraph during which ten-day period Owner may cure the breach described in said notice and prevent further action by the Town.
Breach by Owner. Owner agrees that in the event of a breach of this Agreement, Xxxxxxx would be irreparably injured and be without an adequate remedy at law. Therefore, in the event of such a breach, or threatened or attempted breach of any of the provisions hereof, Xxxxxxx shall be entitled to enforce the provisions of this Agreement and shall be entitled, in addition to any other remedies which are made available to it at law or in equity, including the right to terminate the Franchise Agreement, to a temporary and/or permanent injunction and a decree for the specific performance of the terms of this Agreement, without the necessity of showing actual or threatened harm, and without being required to furnish a bond or other security.
Breach by Owner. If in Builder's sole opinion Owner commits any material breach of this Agreement, Builder may terminate this Agreement by sending notice to Owner at the address provided by Owner, by certified mail, return receipt requested. Upon sending such notice, Builder shall have no further obligations under this Agreement and may terminate construction. Builder may retain any monies it has received, and, if the percentage of construction completed at the time such notice is given has not been paid for in full, Builder shall be entitled to receive such unpaid amount from the Owner together with the agreed-on price of all unpaid extra work performed by Builder. In addition to the foregoing, Builder shall be entitled to percent ( %) of the amount paid by Owner to Builder to date (including any unpaid amounts described in this Paragraph 16) together with Builder's collection costs and attorney fees, if any, as liquidated damages and not as a penalty.
