Common use of City's Remedies on Default Clause in Contracts

City's Remedies on Default. If Tenant defaults in the payment of rent or of any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, City may give Tenant notice of such default and if Tenant does not cure any such default within 30 days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant does not commence such cure within such 10 days and thereafter proceed with reasonable diligence and in good faith to cure such default pursuant to a plan for cure approved by the Director of the Parks and Recreation Department), then City may terminate this lease on not less than 10 days’ notice to Tenant. On the date specified in such notice the term of this lease shall terminate, and Tenant shall then quit and surrender the premises to City, but Tenant shall remain liable as hereinafter provided. If this lease shall have been so terminated by City, City may at any time thereafter resume possession of the premises by any lawful means and remove Tenant or other occupants and their effects. It shall also be an event of default hereunder if a petition is filed by or against Tenant under any section or chapter of the Federal Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof, if Tenant becomes insolvent or makes a transfer in fraud of creditors, if Xxxxxx makes an assignment for benefit of creditors, or if a receiver is appointed for Tenant or any of the assets of Tenant, or if Tenant uses or permits use of the Leased Premises for any unlawful or felonious criminal activity. In any of such events, the City may terminate this Lease upon written notice to Xxxxxx. In addition to termination of the Lease, the City may also pursue any remedy available at law and in equity upon an event of default by the Tenant hereunder. Should the City breach the terms and conditions of the Lease, Tenant may pursue any remedy available to it at law or equity. No failure to enforce any term of this Lease shall be deemed a waiver. No waiver of any defect or default shall be deemed to waive any subsequent defect or default.

City's Remedies on Default. If Tenant defaults in the payment of rent or of any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, City may give Tenant notice of such default and if Tenant does not cure any such default within 30 days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant does not commence such cure within such 10 days and thereafter proceed with reasonable diligence and in good faith to cure such default pursuant to a plan for cure approved by the Director of the Parks and Recreation Department), then City may terminate this lease on not less than 10 days’ notice to Tenant. On the date specified in such notice the term of this lease shall terminate, and Tenant shall then quit and surrender the premises to City, but Tenant shall remain liable as hereinafter provided. If this lease shall have been so terminated by City, City may at any time thereafter resume possession of the premises by any lawful means and remove Tenant or other occupants and their effects. It shall also be an event of default hereunder if a petition is filed by or against Tenant under any section or chapter of the Federal Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof, if Tenant becomes insolvent or makes a transfer in fraud of creditors, if Xxxxxx Tenant makes an assignment for benefit of creditors, or if a receiver is appointed for Tenant or any of the assets of Tenant, or if Tenant uses or permits use of the Leased Premises for any unlawful or felonious criminal activity. In any of such events, the City may terminate this Lease upon written notice to XxxxxxTenant. In addition to termination of the Lease, the City may also pursue any remedy available at law and in equity upon an event of default by the Tenant hereunder. Should the City breach the terms and conditions of the Lease, Tenant may pursue any remedy available to it at law or equity. No failure to enforce any term of this Lease shall be deemed a waiver. No waiver of any defect or default shall be deemed to waive any subsequent defect or default.

City's Remedies on Default. If Tenant defaults in the payment of rent or of any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, City may give Tenant notice of such default and if Tenant does not cure any such default within 30 days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant does not commence such cure within such 10 days and thereafter proceed with reasonable diligence and in good faith to cure such default pursuant to a plan for cure approved by the Director of the Parks and Recreation Department), then City may terminate this lease on not less than 10 days’ notice to Tenant. On the date specified in such notice the term of this lease shall terminate, and Tenant shall then quit and surrender the premises to City, but Tenant shall remain liable as hereinafter provided. If this lease shall have been so terminated by City, City may at any time thereafter resume possession of the premises by any lawful means and remove Tenant or other occupants and their effects. It shall also be an event of default hereunder if a petition is filed by or against Tenant under any section or chapter of the Federal Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof, if Tenant becomes insolvent or makes a transfer in fraud of creditors, if Xxxxxx Tenant makes an assignment for benefit of creditors, or if a receiver is appointed for Tenant or any of the assets of Tenant, or if Tenant uses or permits use of the Leased Premises for any unlawful or felonious criminal activity. In any of such events, the City may terminate this Lease upon written notice to XxxxxxTenant. In addition to termination of the Lease, the City may also pursue any remedy available at law and in equity upon an event of default by the Tenant hereunder. Should the City breach the terms and conditions of the Lease, Tenant may pursue any remedy available to it at law or equity. No failure to enforce any term of this Lease shall be deemed a waiver. No waiver of any defect or default shall be deemed to waive any subsequent defect or default.

City's Remedies on Default. If Tenant defaults in the payment of rent or of any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, the City may give Tenant notice of such default and if Tenant does not cure any such default within 30 days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant does not commence such cure within such 10 days and thereafter proceed with reasonable diligence and in good faith to cure such default pursuant to a plan for cure approved by the Director Director, Leisure Services of the Parks and Recreation Department), then the City may terminate this lease lLease on not less than 10 days’ notice to Tenant. On the date specified in such notice the term of this lease lLease shall terminate, and Tenant shall then quit and surrender the premises pLeased Premises to the City, but Tenant shall remain liable as hereinafter provided. If this lease lLease shall have been so terminated by the City, the City may at any time thereafter resume possession of the premises pLeased Premises by any lawful means and remove Tenant or other occupants and their effects. It shall also be an event of default hereunder if a petition is filed by or against Tenant under any section or chapter of the Federal Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof, if Tenant becomes insolvent or makes a transfer in fraud of creditors, if Xxxxxx makes an assignment for benefit of creditors, or if a receiver is appointed for Tenant or any of the assets of Tenant, or if Tenant uses or permits use of the Leased Premises for any unlawful or felonious criminal activity. In any of such events, the City may terminate this Lease upon written notice to XxxxxxTenant. In addition to termination of the Lease, the City may also pursue any remedy available at law and in equity upon an event of default by the Tenant hereunder. Should the City breach the terms and conditions of the Lease, Tenant may pursue any remedy available to it at law or equity. No failure to enforce any term of this Lease shall be deemed a waiver. No waiver of any defect or default shall be deemed to waive any subsequent defect or default.

City's Remedies on Default. If Tenant defaults in the payment of rent or of any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, the City may give Tenant notice of such default and if Tenant does not cure any such default within 30 days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Tenant does not commence such cure within such 10 days and thereafter proceed with reasonable diligence and in good faith to cure such default pursuant to a plan for cure approved by the Director Director, Leisure ServicesRecreation Services of the Parks and Recreation Department), then the City may terminate this lease lLease on not less than 10 days’ notice to Tenant. On the date specified in such notice the term of this lease lLease shall terminate, and Tenant shall then quit and surrender the premises pLeased Premises to the City, but Tenant shall remain liable as hereinafter provided. If this lease lLease shall have been so terminated by the City, the City may at any time thereafter resume possession of the premises pLeased Premises by any lawful means and remove Tenant or other occupants and their effects. It shall also be an event of default hereunder if a petition is filed by or against Tenant under any section or chapter of the Federal Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof, if Tenant becomes insolvent or makes a transfer in fraud of creditors, if Xxxxxx Tenant makes an assignment for benefit of creditors, or if a receiver is appointed for Tenant or any of the assets of Tenant, or if Tenant uses or permits use of the Leased Premises for any unlawful or felonious criminal activity. In any of such events, the City may terminate this Lease upon written notice to XxxxxxTenant. In addition to termination of the Lease, the City may also pursue any remedy available at law and in equity upon an event of default by the Tenant hereunder. Should the City breach the terms and conditions of the Lease, Tenant may pursue any remedy available to it at law or equity. No failure to enforce any term of this Lease shall be deemed a waiver. No waiver of any defect or default shall be deemed to waive any subsequent defect or default.

City's Remedies on Default. If Tenant defaults Whenever any Event of Default by an Applicable Developer referred to in Section 10.1 of this Agreement occurs, the payment City may immediately suspend its performance under this Agreement and the Note, but in; each case solely with respect to the Applicable Developer whose actions result in an Event of rent Default, until it receives assurances from such Applicable Developer, deemed adequate by the City, that such Applicable Developer will cure its default and continue its performance under this Agreement and may take any one or of any additional rent, or defaults in the performance of any more of the other covenants or conditions hereoffollowing actions after providing thirty (30) days written notice to such Applicable Developer of the Event of Default, City may give Tenant notice but only if the Event of such default and if Tenant does Default has not cure any such default been cured within 30 said thirty (30) days, after the giving of such notice (or provided, however, that if such other default Event of Default is by its nature incapable of such nature that it cannot be completely cured within such period, if Tenant does not commence such cure within thirty (30) days if such 10 days Applicable Developer provides to the City evidence, reasonably acceptable to the City, that the Event of Default will be cured and thereafter proceed with reasonable diligence and in good faith will be cured as soon as reasonably possible, then such Applicable Developer shall have such additional time as is reasonably necessary to cure such default pursuant Event of Default but only so long as such Applicable Developer is diligently pursuing such cure: a) Terminate this Agreement with respect to a plan for cure approved by the Director Applicable Phase and/or the Applicable Note; and/or b) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to the City to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of such Applicable Developer under this Agreement. 8. The Development Agreement is amended to include the Parks and Recreation Departmentfollowing language as Schedule F therein: The City of Shoreview, Minnesota (the "City"), then City may terminate this lease on not less than 10 days’ notice hereby acknowledges itself to Tenant. On be indebted and, for value received, promises to pay to the date specified order of Shoreview Housing Phase 2 LLC, a Minnesota limited liability company, or its permitted assigns (the "Owner"), solely from the source, to the extent and in such notice the term manner hereinafter provided, the principal amount of this lease shall terminateNote, being FOUR HUNDRED THOUSAND AND 00/100 Dollars ($400,000) (the "Principal Amount"), on February 1 and August 1 of each year commencing on August 1, 2022, and Tenant shall then quit continuing to and surrender including August 1, 2036 (the premises to City"Scheduled Payment Dates"). This Note is the Additional Phase 2 Note defined in that certain Development Agreement dated as of August 22, but Tenant shall remain liable as hereinafter provided. If this lease shall have been so terminated 2017, by City, and between the City may at any time thereafter resume possession of and the premises by any lawful means and remove Tenant or other occupants and their effects. It shall also be an event of default hereunder if a petition is filed by or against Tenant under any section or chapter of the Federal Bankruptcy ActOwner, as amendedamended by that certain First Amendment to Development Agreement, dated as of _, 2021, by and between the City and the Owner (the "Contract"). This Note shall not bear interest. Each payment on this Note is payable in any coin or under any similar law or statute currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or any state thereofdraft made payable to the Owner and mailed to the Owner at its postal address within the United States, if Tenant becomes insolvent or makes which shall be designated from time to time by the Owner. The Note is a transfer special and limited obligation and not a general obligation of the City, which has been issued by the City pursuant to and in fraud full conformity with the Constitution and laws of creditorsthe State of Minnesota, if Xxxxxx makes an assignment including Minnesota Statutes, Section 469.178, subdivision 4, to aid in financing a "project", as therein defined, of the City consisting generally of defraying certain capital and administrative costs incurred and to be incurred by the City within and for the benefit of creditorsits Municipal Development District No. 2 (the "Project"). THIS NOTE IS SPECIAL AND LIMITED AND NOT A GENERAL OBLIGATION OF THE CITY AND IS PAYABLE SOLELY OUT OF REMAINING AVAILABLE TAX INCREMENT, AS DEFINED BELOW, AND NEITHER THE STATE NOR ANY POLITICAL SUBDIVISION THEREOF SHALL BE LIABLE ON THIS NOTE, NOR SHALL THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN AVAILABLE TAX INCREMENT. The Scheduled Payment of this Note due on any Scheduled Payment Date is payable solely from and only to the extent that the City shall have received in the six (6) month period preceding such Scheduled Payment Date "Remaining Available Tax Increment". For purposes of this Note, Remaining Available Tax Increment with respect to any Scheduled Payment Date shall have the meaning set forth in the Contract. The City shall pay on each Scheduled Payment Date to the Owner the Remaining Available Tax Increment received by the City in the six (6) month period preceding such Scheduled Payment Date. To the extent that on the earlier of August 1, 2036 (after making the Scheduled Payment to be made on such date), or if a receiver is appointed for Tenant or any of the assets of Tenant, or if Tenant uses or permits use of date that the Leased Premises for any unlawful or felonious criminal activityCity's Tax Increment Financing District No. In any of such events11 terminates, the City may has not paid the entire Principal Amount and interest due under this Note, this Note shall nonetheless terminate this Lease upon written notice to Xxxxxx. In addition to termination of the Lease, and the City may also pursue any remedy available at law and in equity upon an event of default shall have no further obligations hereunder. This Note is prepayable by the Tenant hereunderCity, in whole or in part, on any date. Should the City breach The City's obligations herein are subject to the terms and conditions of the LeaseContract. Subject to Section 10.2 of the Contract, Tenant the City's payment obligations hereunder shall be suspended until an Event of Default arising under the Contract has been cured and/or this Note may pursue any remedy available be terminated under certain circumstances by the City upon the occurrence of an Event of Default as provided in Sections 10.1 and 10.2 of the Contract, which Contract is incorporated herein and made a part hereof by reference. Upon such termination, the City's obligations to it at law or equitymake further payments hereunder shall be discharged. No failure Such termination may be accomplished by the City's giving of written notice to enforce any term the then registered owner of this Lease Note, as shown on the books of the City. This Note shall not be deemed payable from or constitute a waiver. No waiver charge upon any funds of the City, and the City shall not be subject to any defect liability hereon or default shall be deemed to waive have obligated itself to pay hereon from any subsequent defect funds except Remaining Available Tax Increment, and then only to the extent and in the manner herein specified. The Owner shall never have or defaultbe deemed to have the right to compel any exercise of any taxing power of the City or of any other public body, and neither the City nor any director, commissioner, council member, board member, officer, employee or agent of the City, nor any person executing or registering this Note shall be liable personally hereon by reason of the issuance or registration hereof or otherwise. This Note shall not be transferable or assignable, in whole or in part, by the Owner without the prior written consent of the City, which consent shall not be unreasonably withheld or denied. This Note is issued pursuant to Resolution _ of the City and is entitled to the benefits thereof, which resolution is incorporated herein by reference. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation thereon.