City Remedies. In the event of Contractor’s default, City may obtain required materials and/or services from a substitute contractor, and Contractor shall be liable to the City to pay for the costs of such substitute service. City may deduct or offset the cost of substitute service from any balance due to Contractor, and/or seek recovery of the costs of substitute service against any performance security, and/or collect any liquidated damages provided for in the Contract. Remedies herein are not exclusive.
City Remedies. Consultant's violation of the Living Wage Ordinance or Service Contract Worker Retention Ordinance shall be deemed to be a breach of this Contract, for which LAWA shall be entitled to pursue all remedies available under law, including, but not limited to, termination of this Contract.
City Remedies. If a default occurs, City, at its option and in its sole discretion, may at any time thereafter do one or more of the following to the extent permitted by applicable law:
(1) City may, without releasing tenant from its obligations under the lease, attempt to cure the default. City may enter the premises for such purpose and take such action as it deems desirable or appropriate to cure the default. This entry is not an eviction of tenant or a termination of this lease;
(2) With legal process, but without further notice to tenant, re-enter the premises or any part thereof and take possession of it fully and absolutely, without such re-entry working a forfeiture of the money to be paid and the terms and conditions to be performed by tenant for the full term of this lease. City’s re-entry of the premises is not a termination of this lease. In the event of such re-entry, City may proceed for the collection of money to be paid under this lease or for properly measured damages;
(3) Terminate this lease upon written notice to tenant and re-enter the premises as of its former estate, and tenant covenants in the case of such termination to indemnify City against all loss of rents and expenses during the remainder of the term; and
(4) Exercise all other rights and remedies including injunctive relief, ejectment or summary proceedings such as an eviction action and any other lawful remedies, actions or proceedings. In the event of any default and for any type of remedy chosen by City, tenant shall reimburse City for all reasonable fees and costs incurred by City, including reasonable attorneys’ fees, relating to such default and/or the enforcement of City’s rights hereunder, and costs incurred attempting to cure a default. Any and all legal remedies, actions and proceedings shall be cumulative.
City Remedies. The City reserves the right to decrease Contract Price and/or payments made under this Contract, in an amount determined by the City in its sole discretion, if the above provision is not included in Subconsultant’s and Subcontractor’s contracts, and one or more Subconsultants and/or Subcontractors do not allow the City to audit their records to verify the accuracy and appropriateness of pricing data.
City Remedies. If a DEVELOPER DEFAULT occurs, that is not caused by FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the DEVELOPER DEFAULT and the DEVELOPER shall have thirty (30) days to cure the DEVELOPER DEFAULT. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does not cure the DEVELOPER DEFAULT, then the CITY may avail itself of any remedy afforded by law and any of the following remedies:
a) the CITY may specifically enforce this DEVELOPMENT AGREEMENT;
b) the CITY may suspend any work, improvement or obligation to be performed by the CITY;
c) the CITY may collect on the irrevocable letter of credit (“LOC”) or cash deposit pursuant to Article 15 hereof;
d) the CITY may suspend or deny building and occupancy permits for buildings within the FINAL PLAT;
e) the CITY may, at its sole option, perform the work or improvements to be performed by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any costs and expenses incurred by the CITY for any expenses not covered by the financial securities in Exhibits G and H. In the alternative, the CITY may in whole or in part, specially assess any of the costs and expenses incurred by the CITY; and the DEVELOPER hereby waives any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessment resulting therefrom, including, but not limited to, notice and hearing requirement and any claim that the special assessments exceed benefit to the FINAL PLAT. The DEVELOPER hereby waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081.
City Remedies. Subject to the cure period described in Section 30 below, the City shall have the following remedies upon an Event of Default. The City’s rights and remedies under this Agreement shall be cumulative, and none shall exclude any other right or remedy allowed by law.
City Remedies. If, during the Term, Airline violates any Environmental Law at, on, or from the Airport, and Airline does not act promptly to take such action as is reasonably necessary to remedy and cure the violation, the City has the right, but not the obligation, after providing written notice to Airline as provided herein, to take such action as is reasonably necessary to remedy and cure the violation. If the City has a reasonable belief that Airline’s actions or inactions present a threat of violation or a threat of damage to any areas or facilities of the Airport used by Airline, or to the Airport generally, the City has the right, but not the obligation, to take such corrective or mitigating action as the City deems reasonably necessary. Prior to taking any such actions under this Section 9.4, and provided that the violation, threat of violation, or threat of damage does not require immediate action pursuant to applicable Environmental Laws, or to avoid disruption to Airport operations, the City shall first provide written notice to Airline of such violation or threat, and thirty (30) days within which Airline may demonstrate why no such violation or threat is present, or to timely remedy (or begin to remedy and diligently prosecute to completion, if such remedy reasonably requires more than thirty (30) days to complete) such violation or threat that may be present. If Airline fails to remedy or begin to remedy such violation or threat within such thirty (30) day period, the City may take such actions as are reasonable and necessary under this Section 10.4. All reasonable costs and expenses incurred by the City arising out of Airline’s violation of any Environmental Law, or Xxxxxxx’s actions or inactions described under this Section 9.4, shall become due and payable by Airline thirty (30) days after the City’s presentation of an invoice to Airline.
City Remedies. Following an Event of Default by Developer, the City shall have the right to seek from Developer compensatory, but not consequential or punitive, damages arising out of such Event of Default. In addition, the City shall have the right to seek an award and/or order requiring specific performance by Developer of Developer’s obligations under this Agreement. The City hereby waives, with respect to any Event of Default by Developer, any claim or right to consequential or punitive damages and any right to terminate this Agreement or the rights of Developer under this Agreement, and acknowledges that Developer is relying on such waiver in entering into this Agreement.
City Remedies. IN ADDITION TO ANY OTHER REMEDIES THE CITY MAY HAVE UPON CONCESSIONAIRE’S FAILURE TO PROVIDE AND MAINTAIN ANY INSURANCE OR POLICY ENDORSEMENTS TO THE EXTENT AND WITHIN THE TIME HEREIN REQUIRED, THE CITY SHALL HAVE THE RIGHT TO ORDER CONCESSIONAIRE TO STOP WORK HEREUNDER, AND/OR WITHHOLD ANY PAYMENT(S) WHICH BECOME DUE TO CONCESSIONAIRE HEREUNDER UNTIL CONCESSIONAIRE DEMONSTRATES COMPLIANCE WITH THE REQUIREMENTS HEREOF.
City Remedies. If a default occurs, City, at its option and in its sole discretion, may at any time thereafter do one or more of the following to the extent permitted by applicable law:
(1) City may, without releasing Lessee from its obligations under this Lease, attempt to cure the default. City may enter the premises for such purpose and take such action as it deems desirable or appropriate to cure the default. This entry is not an eviction of Lessee or a termination of this Lease.
(2) Terminate this Lease upon written notice to Lessee and re-enter the premises as of its former estate, and Lessee covenants in the case of such termination to indemnify City against all loss of rents and expenses during the remainder of the term.
(3) Exercise all other rights and remedies, legal and equitable, including injunctive relief, ejectment or summary proceedings such as an eviction action and any other lawful remedies, actions or proceedings. In the event of any default and for any type of remedy chosen by City, Lessee shall reimburse City for all reasonable fees and costs incurred by City, including reasonable attorneys’ fees relating to such default and/or the enforcement of City’s rights hereunder, and costs incurred attempting to cure a default. Any and all legal remedies, actions and proceedings shall be cumulative.
