City’s Default. City shall be in default if City fails to perform its obligations under this Lease within thirty (30) days after its receipt of notice of nonperformance from Concessionaire; provided, that if the default cannot reasonably be cured within the thirty (30) day period, City shall not be in default if City commences the cure within the thirty (30) day period and thereafter diligently pursues such cure to completion. Upon City’s default, Concessionaire may pursue any remedies at law or in equity that may be permitted from time to time by the laws of the State of Washington.
City’s Default. In the event the City fails to perform any of the City’s material obligations under this Agreement for any reason and fails to cure within 10 days of written notice, then GMVRS shall be entitled either (i) terminate this Agreement, at which time the Parties will have no further rights or obligations hereunder, except as expressly provided elsewhere in this Agreement, (ii) or pursue all remedies available to GMVRS at law or in equity.
City’s Default. The City shall not be in default unless the City fails to perform obligations required of the City within a reasonable time, but in no event later than thirty (30) days after receipt of written notice to the Tenant. If the nature of the City’s obligation is such that more than thirty (30) days are required for performance, then the City shall not be in default if the City commences performance within such thirty (30) day period and thereafter diligently pursues same to completion.
City’s Default. If City is in material default or material breach of one or more of City’s representations, warranties or obligations under this Agreement of which PWRF has provided City written notice of and City has failed to cure within ten (10) days of such notice (but in all events such material breach or default is not cured prior to the Closing Date, if earlier), provided that City shall not be entitled to such notice and opportunity to cure for failure to cause the transfer of the City Parcels on the Closing Date (a “City Default”), then PWRF shall as its sole and exclusive remedy and at its election, be entitled to: (1) terminate this Agreement and City shall promptly reimburse Buyer for all of its reasonable costs incurred in connection with this Agreement (including, without limitation, all due diligence costs, consultant fees, reasonable attorney’s fees, and brokerage commissions) in an amount not to exceed $100,000, (2) pursue an action for specific performance, within the thirty (30) day period following the occurrence of such City Default, (3) pursue specific performance of Seller’s obligations under this Agreement, or (4) waive such City Default and proceed to Closing as contemplated herein.
City’s Default. A.1 In the event of any material breach of this Agreement by CITY, which breach is not cured within ninety (90) days after giving of written notice thereof from OPERATOR to CITY, or in the event of a material breach which cannot be cured within said ninety (90) day period,,!if CITY has not commenced within ninety (90) days of written notice and thereafter diligently prosecuted a cure of such breach, OPERATOR shall have all rights and remedies at law or equity subsequent to completion of construction. Subsequent to completion of construction, CITY shall not be liable for damages in excess of total revenues received by CITY over prior years of this Agreement, not to exceed the total actual revenues received over the prior seven and one-half (7 1/2) year period.
City’s Default.
(a) Each of the following shall constitute an event of default by the City:
i. the permanent abandonment of the Airport by the City;
ii. the issuance by a court of competent jurisdiction of any injunction preventing or restraining the use of the Airport in such a manner as to substantially restrict Concessionaire from conducting business operations within the Premises and the remaining in force of such injunction for at least 60 days;
iii. the default by the City of any of the terms, covenants or conditions of this Agreement to be kept, performed or observed by the City and the failure of the City to remedy such default for a period of 60 days after written notice from Concessionaire of the existence of such default has been received by the City or if more than 60 days shall be required because of the nature of such default, if the City shall fail within said 60 day period to commence and thereafter diligently proceed to cure such default;
iv. the assumption by the United States government, or any authorized agency thereof, or the operation, control or use of the Airport and its facilities in such a manner as to substantially restrict the Concessionaire from conducting business operations within the Premises hereunder if such restriction shall be continued for a period of 3 consecutive months or more.
(b) If any event of default shall occur which is not cured by the City, and notwithstanding any waiver or indulgence granted by Concessionaire with respect to any event of default in any form or instance, Concessionaire’s sole right and remedy shall be to declare this Agreement to be terminated upon not less than 30 days prior written notice to the City. If Concessionaire elects to terminate this Agreement due to the City’s default, this Agreement shall terminate upon the expiration of such 30 day notice period to the City and Concessionaire shall pay to the City all Rentals and other charges due under this Agreement which shall have accrued prior to the effective date of any such termination. Concessionaire shall not be entitled to any other claims or remedies and Concessionaire hereby waives any such claims, including, without limitation, claims for lost business opportunity, claims for lost profits and all monetary claims for breach of this Agreement under Federal and any state law.
City’s Default. In the event the City commits a breach of this Agreement, prior to bringing suit or pursuing any other remedy, Licensee shall provide written notice of such breach to the City. Following receipt of such notice, the City shall have thirty (30) days within which to cure the breach. If the breach cannot be cured within such thirty (30) day period, the City shall
City’s Default. In the event the City fails to keep and perform any of the terms or conditions hereof, time being of the essence, then thirty (30) days after written notice of default from NICDC, NICDC may, if such default has not been corrected, resort to any remedy at law or in equity; provided, however, in the case of a default which cannot, in the exercise of reasonable diligence, reasonably be cured within such thirty (30) day period, the continuation thereof beyond such period as is required to cure the same with the exercise of reasonable diligence. No action of NICDC shall be construed as an election to terminate the Agreement unless written notice of such intention is given to the City.
City’s Default. If City fails to perform any of its obligations under this Conveyance Contract (“City’s Default”), and City fails to reasonably cure the default within five (5) days after receiving written notice of it from Donor, Donor may, as the sole and exclusive remedy, terminate this Agreement by giving notice to City on or before the Closing Date and Closing Time.
City’s Default. The City shall not be deemed to be in default under this Lease Agreement until Tenant has given the City written notice specifying the nature of the default and the City does not cure such default within fifteen (15) business days after receipt of such notice or within such reasonable time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require more than fifteen (15) business days to cure.
