County Default. County shall be in default under this Agreement upon the occurrence of any of the following events:
County Default. County shall be deemed in default of this Lease if: a) in the event of any monetary breach of this Lease by County, City shall notify County in writing of such breach, County shall have ten (10) days from such notice in which to cure said breach, and County fails to cure said breach, or b) in the event of any non-monetary breach of this Lease, County fails within fifteen (15) days after receipt by County of written notice specifying wherein such obligation of County has not been performed; provided however, that if the nature of County’s obligation is such that more than fifteen (15) days after such notice are reasonably required for its performance, then County shall not be in breach of this Lease if performance is commenced as soon as reasonably possible within such fifteen (15) day period and thereafter diligently pursued to completion (each, a “County Default”).
County Default. If the County remains in default after the cure period and the alleged default is not the subject of dispute resolution pursuant to Section 16 of this Agreement, Permittee shall have all rights and remedies provided by this Agreement, including, without limitation, the right to compel specific performance of the County's obligations under this Agreement. Permittee also has the right to initiate amendment or cancellation of this Agreement subject to the provisions set forth in the Development Agreement Act and Development Agreement Ordinance, which include, but are not limited to, the requirement for mutual consent of the Parties to the amendment or cancellation.
County Default. County shall be in default under this Agreement (“County default”) in the event County commits a material breach of the Agreement and fails to cure such breach within thirty (30) days after receiving notice from Contractor specifying the breach, provided that if the nature of the breach is such that it will reasonably require more than thirty (30) days to cure, County shall not be in default so long as County promptly commences the cure and diligently proceeds to completion of the cure. In the event of an asserted County default, Contractor shall continue to perform all of its obligations hereunder until a court of competent jurisdiction has issued a final judgment declaring that County is in default.
County Default. Material failure of County, which has neither been remedied nor waived, to pay Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify Contractor termination of the Construction Contract.
County Default. Material failure of County, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT ATTACHMENT E CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND This Construction Labor and Material Payment Bond (“Bond”) is dated , 20 , is in the penal sum of $ , and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. The Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 13, attached to this page. Any singular reference to (“Contractor”), (“Surety”), County of Xxxxxx (“County”) or other party shall be considered plural where applicable. CONTRACTOR: Firm Name: SURETY: Firm Name: Address: Address of Principal Place of Business: COUNTY OF XXXXXX 000 Xxxxx Xxxxxx Xxxxxxx, CA 95642 Project Manager: Construction Contract: Location: Xxxxxx County, CA Construction Contract dated , 20 in the amount of $ . CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature: SURETY Company: (Corp. Seal) Signature: Name and Title Name and Title BOND TERMS AND CONDITIONS
County Default. Subject to Paragraph 11 (Failure in Performance), Paragraph 19 (Interruption of Service), and Paragraph 20 (Mutuality of Obligation), the occurrence of any of the following shall constitute a material breach of this Lease by County and an event of default:
County Default. If the County is in default with respect to any payment required under this Agreement, the Developer may declare a default by providing written notice of such default to the County. If within 30 days of such notice the Refund due and owing to Developer is not paid, then the Developer may (i) seek all available remedies in law and equity including, but not limited to, specific performance, and (ii) if so litigated, be entitled to all reasonable attorneys’ fees, litigation costs and expenses if so awarded by the Court after a determination that the County had no reasonable basis to withhold any portion or all of the Refund. Any Refund to which the Developer is entitled to receive shall be released to the Developer pursuant to the terms and conditions set forth in the Escrow Agreement.
County Default. In the event County refuses, neglects or otherwise fails to carry out any of the terms of the Contract or if County shall otherwise be in default of its obligations herein, prior to or at Closing, Buyer shall have as its sole remedy, the right to receive the return of the Deposit.
County Default. Any of the following events shall constitute a “County Default”:
