Curative Period. In the event the Developer shall fail to perform a monetary covenant which the Developer is required to perform under this Agreement, notwithstanding any other provision of this Agreement to the contrary, an Event of Default shall not be deemed to have occurred unless the Developer shall have failed to perform such monetary covenant within thirty (30) days of its receipt of a written notice from the City specifying that it has failed to perform such monetary covenant. In the event the Developer shall fail to perform a non-monetary covenant which the Developer is required to perform under this Agreement, notwithstanding any other provision of this Agreement to the contrary, an Event of Default shall not be deemed to have occurred unless the Developer shall have failed to cure such default within forty-five (45) days of its receipt of a written notice from the City specifying the nature of the default; provided, however, with respect to those non-monetary defaults which are not capable of being cured within such forty-five (45) day period, the Developer shall not be deemed to have committed an Event of Default under this Agreement if it has commenced to cure the alleged default within such forty-five (45) day period and thereafter diligently and continuously prosecutes the cure of such default until the same has been cured.
Curative Period. If a Contractor Material Breach described in Sections 15.01(d), 15.01(f), 15.01(g)
15.01 (h) or 15.01(i) is deemed to have occurred under Section 15.02 (Default Notice by Province and Dispute Period) or has been found to have occurred under the Dispute Resolution Process, then the Contractor will have sixty (60) days, or such longer period as may be agreed to by the Province, in which to remedy the Contractor Material Breach or to make progress satisfactory to the Province toward remedying the Contractor Material Breach. Such cure period shall be extended for an additional period of sixty (60) days, if:
(a) the Contractor has admitted in writing that the Contractor Material Breach occurred; (b) the continuous operation of the Registries is not in jeopardy; (c) the Contractor has been and continues to work diligently towards remedying the Contractor Material Breach;
Curative Period. Any party asserting a default against another party shall deliver written notice to that party of the nature of the alleged default and shall demand performance. The party asserting default may resort to the remedies under Section
Curative Period. 75 15.12 Remedies of the Contractor where Default Rectified .................................................. 76 15.13 Remedies of the Contractor where Default not Rectified ........................................... 76 16.0
Curative Period. In the event the Developer shall fail to perform a covenant which the Developer is required to perform under this Agreement, notwithstanding any other provision of this Agreement to the contrary, an Event of Default shall not be deemed to have occurred unless the Developer shall have failed to cure such default within ninety (90) days of its receipt of a written notice from the Village specifying the nature of the default; PROVIDED, HOWEVER, with respect to those defaults which are not capable of being cured within such ninety (90) day period, the Developer shall not be deemed to have committed an Event of Default under this Agreement if it has commenced to cure the alleged default within such ninety (90) day period and thereafter diligently and continuously prosecutes the cure of such default until the same has been cured.
Curative Period. If the issue of whether a breach of the Operating Agreement and/or the Partnership Agreement occurred or whether one of the Parties was entitled to exercise remedial rights is in dispute, then the non-prevailing Party shall have a commercially reasonable period of time to cure the default or circumstance before the prevailing Party shall be entitled to exercise such remedial rights. The Arbitrators shall include in their award the time in which the non-prevailing Party must complete such cure.
Curative Period. Seller shall have a period of up to thirty (30) days after its receipt of the Defect List within which to remedy or cure any or all matters set forth thereon, at its sole election, and deliver all curative documents and information obtained by it to Buyer; provided, however, as to disputed matters arbitrated in which the arbitrator finds in favor of Buyer, Seller shall have an additional period of up to twenty (20) days after its receipt of written notice from the arbitrator of his decision within which to remedy or cure such matters, at its sole election. Further provided, however, as to disputed matters arbitrated in which the arbitrator finds in favor of Seller, the Defect List shall be deemed revised in accordance with the arbitrator's decision. Seller shall make a good faith effort to complete its curative work within as short a period of time as reasonably possible. (The entire period of time commencing with the initial thirty (30) day period, the period of arbitration, if applicable, and the additional twenty (20) day period, if applicable, is referred to in this Agreement as the "Curative Period".) If prior to Closing any of the defects cannot be cured within the Curative Period, then Buyer shall have the right to either terminate this Agreement or agree with to reduce the Purchase Price by an appropriate amount mutually agreed; and (d) Any period of time referenced in this Section 10 shall be extended for a like period during which access to the facilities or records is unavailable due to storm, flood, or fire.
Curative Period. If a Province Material Breach has been deemed to occur under Section 15.09 (Breach by the Province) or has been found to occur under the Dispute Resolution Process, then the Province will have such period of time as is set out in such notice, being not less than sixty (60) days, in which to remedy the breach or to make progress satisfactory to the Contractor toward remedying the Province Material Breach.
Curative Period. 72 15.04 Remedies of the Province where Default Rectified ...................................................... 73 15.05 Remedies of the Province where Default not Rectified ............................................... 73 15.06 Termination Notice by Province to Contractor ........................................................... 74 15.07
Curative Period. If any default of this Agreement by either party remains uncured for a period of thirty (30) days after written notice thereof such breach issued by the "non-offending" party shall be an Event of Default; provided, however, if within thirty (30) days after such notice a substantial effort in good faith has been made to cure said breach by the offending party, said breach shall not be an Event of Default, more particularly if the offense is cured within a reasonable time thereafter. The Section 8.2 shall not apply to situations where no cure period, or a cure period of less than thirty (30) is provided for in an Inmate Contract, the Intergovernmental Agreement or the Lease, for a action or inaction which results in a default.
