City’s Remedies. In addition to any other remedies the City may have upon Developer and/or Developer’s contractor for the failure to provide and maintain insurance or policy endorsements to the extent and within the time required, the City shall have the right, to order Developer to stop work, and/or withhold any payment(s), which become due until Developer and/or Developer’s contractor demonstrates compliance with the requirements.
City’s Remedies. In the event that Developer is in default under this Agreement, and Developer thereafter fails to cure any such default within the time period described above, then, in that event, in addition to all other legal and equitable remedies which City may have, City may terminate this Agreement by written notice delivered to Developer.
City’s Remedies. Subject to this ARTICLE XII, upon the occurrence of any Club Default or BSD Default, City may, in its sole discretion, pursue any one or more of the following remedies against the defaulting Party, without any further notice or demand, other than any notice expressly provided in this Agreement:
(a) City may (but under no circumstance shall be obligated to) elect to suspend its obligations under or to terminate this Agreement. In the event City suspends this Agreement due to a Club Default and cannot contract with another MiLB team to fulfill Club’s obligations under the Venue License Agreement within one (1) year after such termination, the City, upon BSD request made within thirty (30) days after notice from City to BSD that City could not contract with another MiLB team, convey the Real Property back to BSD for an amount equal to all costs incurred by City in connection with the Venue and Venue Improvements.
(b) If such Club Default, including but not limited to default under Section
(c) Notwithstanding the foregoing, if there is a BSD Default but not a Club Default, City may terminate only the rights of BSD under this Agreement (not the rights of Club), without limitation of the effectiveness of this Agreement between City and Club, and require BSD to transfer all ownership rights in the Air Rights Parcels to the City; provided, however, that if the City should subsequently propose to sell any Air Rights Parcel, (i) BSD shall have the right of first refusal for fifteen (15) days after written notice from the City to BSD regarding such sale to match any offer received by the City for such Air Rights Parcel, and (ii) upon the sale of the Air Rights Parcel to BSD or any other party, the City shall be entitled to receive from the sales proceeds: (w) full reimbursement for any Air Rights Infrastructure Costs paid by City, and all of City’s out- of-pocket costs of acquiring, holding, advertising and selling the Air Rights Parcel;, (x) interest at the Default Rate on the foregoing; and (y) twenty percent (20%) of the net proceeds of sale, with BSD to receive any amounts remaining.
(d) City may exercise any and all other remedies available to City at law or in equity or otherwise provided in this Agreement;
City’s Remedies. If the Developer is in default under this Agreement and the parties do not resolve the Developer’s default pursuant to the nonbinding mediation described in Section 4.2, then the City shall have the right to terminate this Agreement immediately upon written notice to Developer and to pursue any other rights or remedies provided hereunder, at law or in equity.
City’s Remedies. In addition to all other rights and remedies available to the City at law or in equity, the City will have the following remedies following the occurrence of an event of default by Licensee.
City’s Remedies. With respect to the occurrence of an Event of Default the City may pursue the following remedies: The City may pursue any legal or equitable remedy or remedies, including, without limitation, specific performance, damages, and termination of this Agreement. The City shall not terminate this Agreement unless it delivers to the Developer a second notice expressly providing that the City will terminate within thirty (30) additional days. Termination or non-termination of this Agreement upon a Developer Event of Default shall not prevent the City from suing the Developer for specific performance, damages, actual damages, excluding punitive, special and consequential damages, injunctive relief or other available remedies with respect to obligations that expressly survive termination. In the event the Developer fails to pay any of the expenses or amounts or perform any obligation specified in this Agreement, then to the extent such failure constitutes an Event of Default hereunder, the City may, but shall not be obligated to do so, pay any such amount or perform any such obligations and the amount so paid and the reasonable out of pocket costs incurred by the City in said performance shall be due and payable by the Developer to the City within thirty (30) days after the Developer’s receipt of an itemized list of such costs. No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law or in equity. The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy.
City’s Remedies. City shall have the following remedies upon Licensee's default, which remedies shall not be exclusive, and are cumulative in addition to any remedies now or later allowed by law:
i. City may cure the default at Licensee's expense, by taking any action reasonably determined by Licensor to be necessary to correct such default, including without limitation making any repair or modification to or removing any of the Encroachments. Licensee shall reimburse Licensor for all costs it incurs to correct such default within thirty (30) calendar days after Licensor presents Licensee with a statement of such costs. Licensee hereby releases and agrees to indemnify, defend and hold harmless Licensor from all damages resulting to Licensee from the correction of such default in accordance with this Section 21, including, without limitation, those damages arising from all repairs or modifications to or removal of any of the Encroachments.
ii. City may continue this License in full force and effect, in which case the License Fees shall be increased by 10% per month for each month during which the Default continues to exist.
iii. City shall be entitled to recover from Licensee all expenses, costs, fees and damages arising out of any Default, including, but not limited to, cleanup, repair, alterations, legal expenses (whether or not suit is brought), and costs and expenses of litigation.
iv. City may also exercise any other rights City may have at law or in equity. City may exercise any remedy without court action, or by one or more court actions, and in exercising any remedy may obtain partial relief without waiving its right to further relief. The exercise of any remedy by City shall not waive City's right to exercise any other remedy.
v. Except as otherwise provided herein, City shall also be entitled to collect interest on any unpaid sums due from the date due or the date advanced until paid at the Default Rate.
City’s Remedies. If the Authority shall fail to perform any of its agreements in this Contract, the City may institute such action against the Authority as the City may deem necessary to compel such performance so long as such action shall not affect, impair or diminish the obligation of the City to make the payments provided for herein, which obligation shall be absolute, unconditional and irrevocable. The City, at its own cost and expense, and in its own name, may prosecute or defend any action or proceedings against third parties or take any other action which the City deems reasonably necessary to secure or protect its rights in which event the Authority agrees to cooperate fully with the City.
City’s Remedies. If the Authority shall fail to perform any of its agreements in this Contract, the City may institute such action against the Authority as the City may deem necessary to compel such performance so long as such action shall not affect, impair or diminish the obligation of the City to make the payments provided for herein, which obligation shall be absolute, unconditional and irrevocable. The City may at its own cost and expense, and in its own name, prosecute or defend any action or proceedings against third parties or take any other action which the City deems reasonably necessary to secure or protect its rights of possession and use of the Project, in which event the Authority agrees to cooperate fully with the City.
City’s Remedies. Upon the occurrence of any Event of Default and in addition to any and all other rights or remedies of the City hereunder and/or provided by law, the City shall have the right to terminate this Lease and/or the Tenant’s possessory rights hereunder, in accordance with applicable law to re-enter the Premises and take possession thereof and of any Improvements, and except as otherwise provided in this Lease, to remove all persons and property therefrom, and to store such property at the Tenant’s risk and for the Tenant’s account, and the Tenant shall have no further claim thereon or hereunder. The City’s re-entry or taking of possession of the Premises shall not be construed as an election on the City’s part to terminate this Lease unless the City shall have given written notice of such intention to the Tenant. In no event shall this Lease be treated as an asset of the Tenant after any final adjudication in bankruptcy except at the City’s option so to treat the same but no trustee, receiver, or liquidator of the Tenant shall have any right to disaffirm this Lease.
