City Rights and Remedies. (i) Except as provided in Sections 8.1.2(ii), (iii) and (iv) below which shall control in connection with the events described therein, if SiFi fails to cure any actual noncompliance or default as provided in Section 8.1.1(ii) above within the SiFi’s Cure Period, the City may:
(a) seek specific performance of any provision of this Agreement which lends itself to such remedy as an alternative to money damages;
(b) seek money damages from SiFi; or
(c) in the event of the breach of, noncompliance with or default under any material term of this Agreement, terminate this Agreement and seek any and all rights and remedies available to it at law or in equity.
(ii) Subject to Section 10.2 below, in the event SiFi fails to commence Construction on or before the Construction Commencement Deadline in accordance with Section 4.1 above and subsequently fails to commence Construction within the SiFi Cure Period, the City may provide written notice to SiFi and its lender(s) of the City's intent to terminate this Agreement for such failure. SiFi shall have an additional sixty (60) day period after the SiFi Cure Period to commence Construction (the “Additional SiFi Cure Period”). If SiFi fails to commence Construction by the last day of the Additional SiFi Cure Period, SiFi’s lender(s) shall have an additional ninety (90) days from the end of the Additional SiFi Cure Period to commence Construction (the “Additional Lender Cure Period”). If XxXx’s lender(s) fails to commence Construction by the last day of the Additional Lender Cure Period, the City may terminate this Agreement by written notice to SiFi and its lender(s) and neither Party shall have any liability or obligation under this Agreement.
(iii) Subject to Section 10.2 below, in the event SiFi fails to complete construction of the System by the Construction Completion Deadline in accordance with Section 4.1 above and subsequently fails to complete said construction within the SiFi Cure Period, the City may provide written notice to SiFi and its lender(s) of the City's intent to terminate this Agreement for such failure. SiFi shall have an additional sixty (60) day period after the SiFi Cure Period to complete construction (the “Additional SiFi Completion Cure Period”). If SiFi fails to cure said deficiency by the last day of the Additional SiFi Completion Cure Period, SiFi’s lender(s) shall have an additional ninety (90) days from the end of the Additional SiFi Completion Cure Period to achieve Substantial Completi...
City Rights and Remedies. A. Stop Work for Non-Payment: If the Applicant fails to pay any invoice in full within thirty (30) days of the invoice date, the City reserves the right to:
a. Suspend all work, including, but not limited to, permit review, requests for meetings, inspections, and approval issuance; and
b. Require the Applicant to pay all outstanding balances, including late fees, reinstatement fees, and deposit funds, if applicable, to reinstate City Services.
City Rights and Remedies
