City Default. Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.
City Default. City shall be deemed in breach of this Lease if: a) in the event of any monetary breach of this Lease by City, County shall notify City in writing of such breach, City shall have ten (10) days from such notice in which to cure said breach, and City fails to cure said breach, or b) in the event of any non-monetary breach of this Lease, City fails within fifteen (15) days after receipt by City of written notice specifying wherein such obligation of City has not been performed; provided however, that if the nature of City’s obligation is such that more than fifteen (15) days after such notice are reasonably required for its performance, then City shall not be in breach of this Lease if performance is commenced as soon as reasonably possible within such fifteen (15) day period and thereafter diligently pursued to completion (each, a “City Default”).
City Default. Owner shall provide City with written notice of City’s failure (“City Default”) to strictly abide by any material provision of this Covenant Agreement. City shall have thirty (30) days from the date of such notice to either cure such City Default, or, if such City Default cannot be reasonably cured during such thirty (30) day period, to commence to cure within said thirty (30) day period and diligently prosecute such cure to completion thereafter.
City Default. Each of the following events shall be an Event of Default by the City under this Agreement:
(a) So long as the Developer has complied with the terms and provisions of this Agreement, the City shall fail to pay to the Developer any monetary sum hereby required of it and shall not cure such default within thirty (30) calendar days after the later of the date on which written notice thereof is given to the City by the Developer.
(b) The City shall fail to comply in any material respect with any term, provision or covenant of this Agreement, other than the payment of money, and shall not cure such failure within sixty (60) calendar days after written notice thereof is given by the Developer to the City.
City Default. An event of default on the part of City (“Event of City Default”) shall arise hereunder if City fails to keep, observe, or perform any of its covenants, duties, or obligations under this Agreement, and the default continues for a period of thirty (30) days [cure periods to mirror each other] after written notice thereof from Developer to City, or in the case of a default which cannot with due diligence be cured within sixty (60) days, City fails to commence to cure the default within sixty (60) days of such notice and thereafter fails to prosecute the curing of such default with due diligence and in good faith to completion.
City Default. The occurrence of the following shall be an “Event of Default” by City or a “City Default”:
(a) the failure of City to perform or observe any of the obligations, covenants or agreements to be performed or observed by City under this Agreement within ten (10) days (or such longer period as may be permitted in this Agreement) after notice from Club of such failure, but if such performance or observance cannot reasonably be accomplished within such ten (10) day period (or such longer period as may be permitted in this Agreement), then no Event of Default shall occur unless City fails to commence such performance or observance within such ten (10) day period (or such longer period as may be permitted in this Agreement) and fails to diligently prosecute such performance or observance to conclusion thereafter; provided, however, that if such performance or observance has not been accomplished within sixty (60) days after notice from Club to City of such failure (notwithstanding City’s diligent prosecution of its curative efforts), then such failure shall constitute an Event of Default hereunder; or
(b) the occurrence of an Insolvency Event with respect to City.
(c) a default by City under the Venue License Agreement shall have occurred and remain uncured.
City Default. City shall be in default under this Agreement (“City Default”) in the event City commits a material breach of the Agreement and fails to cure such breach within thirty (30) days after receiving notice from the Contractor specifying the breach, provided that if the nature of the breach is such that it will reasonably require more than thirty (30) days to cure, City shall not be in default so long as City promptly commences the cure and diligently proceeds to completion of the cure. In the event of an asserted City Default, Contractor shall continue to perform all of its obligations hereunder until a court of competent jurisdiction has issued a final judgment declaring that City is in Default.
City Default. CITY Default shall mean the failure of the CITY to comply with or to perform any term, obligation, covenant or condition contained in this Agreement, and the CITY fails to cure such failure within thirty (30) days after written notice from the INSERT ENTITY NAME HERE describing such failure, or if such failure cannot be cured within such 30-day period in the exercise of all due diligence, then if the CITY fails to commence such cure within such 30-day period or fails to continuously thereafter diligently prosecute the cure of such failure.
City Default. It shall be a default under and breach of this Ground Lease by the City if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Ground Lease for a period of thirty (30) days after notice thereof from the Developer; provided, however, that if the term, condition, covenant or obligation to be performed by the City is of such nature that the same cannot reasonably be performed within such 30-day period, such default shall be deemed to have been cured if the City commences such performance within said 30-day period and thereafter diligently undertakes to complete the same. Upon the occurrence of any such the default by the City, the Developer may (a) cure such default by the City and offset Additional Rent against such amounts, or (b) xxx for injunctive relief or to recover damages for any loss resulting from the breach or may pursue any other remedies available to it under Applicable Laws.
City Default. The occurrence of any one or more of the following events will constitute a default by the City pursuant to this Agreement:
(a) Any representation or warranty made by the City is false or misleading in any material respect on the date made and a materially adverse effect upon the School District’s rights and obligations under the Agreement results therefrom, and such circumstances continue without cure for a period of ninety (90) calendar days following the date the School District delivers written notice thereof to the City, or as agreed upon by the Parties, with cure regarded as complete only when the adverse effects are remedied;
(b) The City fails to comply with, perform, or observe any material obligation, covenant, agreement, term, or condition in this Agreement which failure materially and adversely affects the School District’s rights or obligations under this Agreement and such failure continues without cure for a period of ninety (90) calendar days following the date the School District delivers written notice thereof to the City (giving particulars of the failure in reasonable detail), or as agreed upon by the Parties; or
(c) The City fails to maintain, or cause to be maintained, the insurance policies as and when required pursuant to this Agreement for the benefit of relevant parties, or fails to comply with any requirement of this Agreement pertaining to the amount, terms, or coverage of the same and such failure continues without cure for a period of thirty (30) calendar days following the date the School District delivers written notice thereof to the City.
