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. 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. 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. 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.
(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. (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 as provided in Section
City’s Default. 2.07.1 City shall be in default of its obligations hereunder in the event that any of the following occurs:
2.07.1.1 City’s failure to pay any other sums payable hereunder for a period of three (3) days after written notice by SBBC;
2.07.1.2 City’s failure to observe, keep or perform any of the other terms, covenants, agreements or conditions of this License Agreement or in applicable School Board Policies for a period of ten (10) days after written notice by SBBC;
2.07.1.3 The bankruptcy of City;
2.07.1.4 City making an assignment for the benefit of creditors;
2.07.1.5 A receiver or trustee being appointed for City or a substantial portion of City’s assets;
2.07.1.6 Voluntary petitioning by City for relief under, or otherwise seeking the benefit of, any bankruptcy, reorganization, arrangement or insolvency law;
2.07.1.7 City’s deserting, vacating or abandoning any substantial portion of the Licensed Facilities or attempting to mortgage or pledge or otherwise encumber in any way its interest hereunder;
2.07.1.8 City’s interest under this License Agreement being sold under execution or other legal process;
2.07.1.9 City’s interest under this License Agreement being modified or altered by an unauthorized assignment or subletting or by operation of law;
2.07.1.10 Any of the goods or chattels of City used in, or incident to, the City’s operations upon the Licensed Facilities being seized, sequestered, or impounded by virtue of, or under authority of, any legal proceeding; or
2.07.1.11 City’s failure to pay timely any other sums payable hereunder when due for two (2) consecutive months or for a total of four
City’s Default. 67 In the event City is in default by reason of its failure to make any payment required to be made by City pursuant to the terms of this Restated Agreement, or by reason of City's failure to perform any other material obligations hereunder in accordance with the terms of this Restated Agreement, then, provided Seller is not then in default of any material obligation hereunder, City shall forfeit all claims to the City Premises, in which event this Restated Agreement shall terminate and neither party hereto shall have any further right or obligation to the other by reason of this Restated Agreement, except for such matters and indemnities as are expressly intended to survive the termination of this Restated Agreement. The provisions of this Article 14 shall not apply to any default by City subsequent to the Closing hereunder.
City’s Default. City shall be in default of its obligations hereunder as a result of a breach by City of any material obligation required to be performed by it hereunder (other than where such failure is excused by an Uncontrollable Circumstance as described in Section 13.9) if City fails to cure such default within thirty days after the receipt of written notice from Republic specifying such default; provided, however, if the nature of City's default is curable, but more than thirty days are required therefor, City shall not be in default so long as it has commenced performance of such cure within said thirty day period and thereafter diligently pursues the same to completion. Upon any default by City hereunder, Republic shall be entitled to pursue any and all rights provided at law or in equity. Notwithstanding the foregoing, City shall not be in default under this Agreement for any act or omission by City where City is required by law to exercise independent legislative quasi-judicial, judicial or administrative discretion.
