City Events of Default. The occurrence of any one or more of the following events shall constitute a “City Default” hereunder:
(a) a material failure to observe or perform any of the terms, covenants, conditions, obligations or provisions of this Agreement to be observed or performed by City where such failure continues for a period of thirty (30) days after written notice thereof from WDDF to City; provided, however, that if the nature of such failure is such that more than thirty (30) days are reasonably required for City to complete its cure, then City shall not be deemed to be in Default if City has commenced such cure within the thirty (30) day period and thereafter diligently pursues such cure to completion; or
(b) the material breach of any representation or warranty by City contained in this Agreement, if such material breach is not cured after written notice from WDDF to City and a reasonable opportunity to cure such material breach..
City Events of Default. Any of the following events shall constitute an event of default (a “City Event of Default”) hereunder by the City:
(a) the occurrence of any Event of Insolvency as to the City;
(b) if the City defaults in the payment or performance of a material obligation under this Agreement, and, in the case of a payment default, such default is not cured within 10 days after notice of such default has been given to the City by Development Manager or CSERELP or, in the case of any other default of a material obligation, such default is not cured within 30 days after notice of such default has been given to the City by Development Manager or CSERELP or within such longer period as may be reasonably necessary given the nature of the default in question provided that the City promptly commenced and diligently continued to cure such default until it was so cured;
(c) the occurrence of a Disposition by the City in contravention of Section 21.3;
(d) any failure by the City to comply with any determination, order or Award made and binding against the City in accordance with Article 15 which is not cured within 30 days after notice of such default has been given to the City by Development Manager or CSERELP or within such longer period as may be reasonably necessary given the nature of the default in question provided that the City promptly commenced and diligently continued to cure such default until it was so cured; and
(e) the City making any representation or warranty herein that is false or misleading when made, and that has or will have at any time a material adverse effect on the Project or on another Party and, in the case of a false or misleading representation or warranty that is capable of being remedied, such breach is not remedied within 10 Business Days of receipt of notice of the same from any other Party.
City Events of Default. It shall be a “City Event Of Default” should City fail to perform any material covenant contained herein on its part to be observed, for fifteen (15) days after receipt of written notice from CBC of such breach; provided, however, if the nature of City’s noncompliance is such that more than fifteen (15) days are reasonably required for its cure, City shall not be deemed to be in default if City commenced such cure immediately and thereafter diligently pursues such cure to completion within forty-five (45) days after transmittal of the notice of default.
City Events of Default. The occurrence of the following event shall constitute a “City Default” hereunder:
(a) a material failure to observe or perform any of the terms, covenants, conditions, obligations or provisions of this Lease to be observed or performed by City where such failure continues for a period of thirty (30) days after written notice thereof from WDDF to City; provided, however, that if the nature of such failure is such that more than thirty (30) days are reasonably required for City to complete its cure, then City shall not be deemed to be in Default if City has commenced such cure within the thirty (30) day period and thereafter diligently pursues such cure to completion.
(b) the material breach of any condition, term, provision, covenant, representation or warranty by the City contained in the City Grant Agreement. If such material breach is not cured after written notice from WDDF to the City, and a reasonable opportunity (which shall not be less than thirty (30)) to cure such material breach, the City shall be in default.
City Events of Default. (a) For the purposes of this Project Agreement, “City Event of Default” means any one or more of the following events or circumstances:
City Events of Default. The following shall be Events of Default with respect to this Agreement:
(a) If any material representation made by the City in this Agreement, or in any certificate, notice, demand or request made by the City, in writing and delivered to the Developer pursuant to or in connection with any of said documents, shall prove to be untrue or incorrect in any material respect as of the date made; provided, however, that such default shall constitute an Event of Default only if the City does not remedy the default within thirty (30) days after written notice from the Developer.
(b) Failure of the City to promptly issue a building permit to Developer following payment of the applicable Base Lot Purchase Price and other applicable permit fees; provided, however, that such default shall constitute an Event of Default only if (i) the Developer shall have submitted a full and complete permit application meeting the requirements of City ordinances and (ii) if the City does not remedy the default within thirty (30) days after written notice from the Developer.
(c) Default by the City for a period of thirty (30) days after written notice thereof in the performance or breach of any material covenant contained in this Agreement; provided, however, that such default shall constitute an Event of Default only if the City does not remedy the default within thirty (30) days after written notice from the Developer.
City Events of Default. The occurrence of any one or more of the following events shall constitute an “Event of Default by City” under this Agreement by City:
(i) Failure by City to observe or perform any of the covenants, conditions or provisions of this Agreement to be observed or performed by City, where such failure shall continue for a period of forty-five (45) days after notice thereof is given by FPL to City. In the event the default cannot reasonably be cured within such forty-five (45) day period, City shall not be in default if City commences the cure within the forty-five (45) day period and thereafter diligently prosecutes the cure to completion.
(ii) (A) The making by City of any general arrangement or general assignment for the benefit of creditors; (B) City becomes a debtor as defined in 11 U.S.C. 101 or any successor statute thereto (unless, in the case of a petition filed against City, the same is dismissed within sixty (60) days); (C) the appointment of a trustee or receiver to take possession of substantially all of City ‘s assets, where possession is not restored to City within sixty (60) days; or (D) the attachment, execution or other judicial seizure of substantially all of City’s assets, where such seizure is not discharged within sixty (60) days.
City Events of Default. Each of the following shall constitute a “City Event of Default” by the City:
(a) The material inaccuracy of any representation or warranty made by the City to the Developer, when made or deemed to be made, under this Agreement.
(b) Subject to Section 7.19 of this Agreement, the City’s material failure to fulfill any covenant of the City in this Agreement, and such failure shall remain unremedied for a period of thirty (30) days after the Developer gives written notice of the failure to the City; provided, however, if the City can show that the failure stated in the notice cannot be corrected within the applicable period (but can be corrected within such longer period), and the City initiates corrective action within said period, and diligently, continually, and in good faith works to effect a cure as soon as possible, the time period shall be reasonably extended for a period not to exceed ninety (90) days or such longer period agreed upon by the Parties.
City Events of Default. Each of the following shall be an event of default by City (a “City Default”):
(a) City fails to pay or perform any of its duties, obligations, liabilities or responsibilities under this Agreement, or fails to comply with any term, covenant, condition, agreement, requirement, provision or restriction of this Agreement, and does
(b) City fails to cause either the North Parcel City Improvements or the South Parcel City Improvements to progress and proceed in accordance with the Approved City Improvements Construction Schedule, and does not cure such failure within ten (10)
(c) City fails to cause either the North Parcel City Improvements or the South Parcel City Improvements to be Substantially Completed in accordance with the Approved City Improvements Plans by the applicable Substantial Completion Deadline; or
(d) City initiates or authorizes a Change Order which affects the Private Parking Improvements or increases Developer’s Allocated Share of the Private Parking Improvements without Developer’s prior written consent; or
(e) City defaults in its obligations of the City Improvements Construction Contract (other than a default caused by Developer’s failure to timely pay for Developer’s Allocated Share of the Private Parking Improvements); or
(f) The occurrence of any of the events enumerated in Section 3(c)(viii)(C).
City Events of Default. The occurrence of any one or more of the following events shall constitute an event of default by City hereunder (each, an “City Event of Default”):
