Common use of Breach of this Agreement Clause in Contracts

Breach of this Agreement. In the event of a breach or violation by the Recipient of any of the provisions of this Agreement, including without limitation, the times for commencement and completion of the construction of the Affordable Housing Development and the housing designated in the Application as set forth in Paragraph 1.B. of this Exhibit D, the Department may give written notice to the Recipient to cure the breach or violation within a period of not less than 30 days. If the breach or violation is not cured to the satisfaction of the Department within the specified time period, the Department, at its option, may declare a default of the Agreement and may seek remedies for the default, including the following: TEMPLATE A. The Department may terminate this Agreement and demand repayment of the Program funds to the extent that work for costs to be paid by Program funds as provided in Exhibit B remains unperformed or uncompleted. Recipient shall be liable for all costs to complete all such uncompleted or unperformed work. B. The Department may seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the Work in accordance with Program requirements. C. The Department may seek such other remedies as may be available under this Agreement or any law. D. This Agreement may be canceled by the Department under any of the following conditions: 1) An uncured breach or violation by Recipient of this Agreement or the Disbursement Agreement; 2) The objectives and requirements of the Program cannot be met by continuing the commitment or this Standard Agreement; 3) Construction of the Work or Housing Development cannot proceed in a timely fashion in accordance with the Performance Milestones in Exhibit A of this Agreement; and, 4) Funding or disbursement conditions have not been or cannot be fulfilled within required time periods.

Breach of this Agreement. In the event of a breach or violation by the Recipient of any of the provisions of this Agreement, including without limitation, the times for commencement and completion of the construction of the Affordable Housing Development and the housing designated in the Application as set forth in Paragraph 1.B. of this Exhibit D, the Department may give written notice to the Recipient to cure the breach or violation within a period of not less than 30 thirty (30) days. If the breach or violation is not cured to the satisfaction of the Department within the specified time period, the Department, at its option, may declare a default of the Agreement and may seek remedies for the default, including the following: TEMPLATE: A. The Department may terminate this Agreement and demand repayment of the Program funds to the extent that work for costs to be paid by Program funds as provided in Exhibit B remains unperformed or uncompleted. Recipient shall be liable for all costs to complete all such uncompleted or unperformed work. B. The Department may seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the Work Infrastructure Project in accordance with Program requirements. C. The Department may seek such other remedies as may be available under this Agreement or any law. D. This Agreement may be canceled cancelled by the Department under any of the following conditions: 1) An uncured breach or violation by Recipient of this Agreement or the Disbursement Agreement;. 2) The objectives and requirements of the Program cannot be met by continuing the commitment or this Standard Agreement;. 3) Construction of the Work Infrastructure Project or Housing Development Development(s) cannot proceed in a timely fashion in accordance with the Performance Milestones in Exhibit A of this Agreement; and,. 4) Funding or disbursement conditions have not been or cannot be fulfilled within required time periods.

Breach of this Agreement. In the event of a breach or violation by the Recipient of any of the provisions of this Agreement, including without limitation, the times for commencement and completion of the construction of the Affordable Housing Development and the housing designated in the Application as set forth in Paragraph 1.B. of this Exhibit D, the Department may give written notice to the Recipient to cure the breach or violation within a period of not less than 30 days. If the breach or violation is not cured to the satisfaction of the Department within the specified time period, the Department, at its option, may declare a default of the Agreement and may seek remedies for the default, including the following: TEMPLATE: A. The Department may terminate this Agreement and demand repayment of the Program funds to the extent that work for costs to be paid by Program funds as provided in Exhibit B remains unperformed or uncompleted. Recipient shall be liable for all costs to complete all such uncompleted or unperformed work. B. The Department may seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the Work in accordance with Program requirements. C. The Department may seek such other remedies as may be available under this Agreement or any law. D. This Agreement may be canceled by the Department under any of the following conditions: 1) An uncured breach or violation by Recipient of this Agreement or the Disbursement Agreement;. 2) The objectives and requirements of the Program cannot be met by continuing the commitment or this Standard Agreement; 3) Construction of the Work or Housing Development cannot proceed in a timely fashion in accordance with the Performance Milestones in Exhibit A of this Agreement; and,; 4) Funding or disbursement conditions have not been or cannot be fulfilled within required time periods.