Common use of Cure Procedures Clause in Contracts

Cure Procedures. (a) City shall notify Company, in writing, of any breach under this Agreement, in accordance with Section 13.5 hereof. The notice shall specify the alleged breach(es) with reasonable particularity. Company shall either (i) within the number of days set forth in the applicable paragraph of Section 11.2.1 hereof, or such longer period of time as City may specify in such notice, cure such alleged breach(es); or (ii) in a written response submitted to City within fifteen (15) days after the notice of breach, present facts and arguments in refutation or excuse of such alleged failure. The submission of such a response shall toll the running of the applicable cure period as provided in Section 11.2.1 hereof. Notwithstanding the preceding, no Event of Default shall exist if a breach is curable but work to be performed, acts to be done, or conditions to be removed which cannot, by their nature, reasonably be performed, done or removed within the cure period provided, so long as Company shall have commenced curing the same within the cure period provided and shall diligently and continuously prosecute the same promptly to completion. (b) If Company fails to cure the breach within the applicable cure period, and fails to submit a response to City pursuant to subparagraph (a) hereof within the period provided herein for submitting such response, an Event of Default will be deemed to have occurred. (c) If, after Company makes a response to City, City determines, in his or her reasonable discretion, that a breach under this Agreement has occurred, Company shall cure such breach within the balance of the time period to cure that remained when the submission was made. If Company is not able to cure within the remaining time, the breach will be deemed to be an Event of Default, provided, however, that no Event of Default shall exist if a breach is curable but work to be performed, acts to be done, or conditions to be removed which cannot, by their nature, reasonably be performed, done or removed within the cure period remaining, so long as Company shall have commenced curing the same within the cure period provided and shall diligently and continuously prosecute the same promptly to completion.

Cure Procedures. (a) City The Commissioner shall notify the Company, in writing, of any breach under this Agreement, in accordance with Section 13.5 hereof. The notice shall specify the alleged breach(es) with reasonable particularity. The Company shall either (i) within the number of days set forth in the applicable paragraph of Section Section 11.2.1 hereof, or such longer period of time as City the Commissioner may specify in such notice, cure such alleged breach(es); or (ii) in a written response submitted to City the Commissioner within fifteen (15) days after the notice of breach, present facts and arguments in refutation or excuse of such alleged failure. The submission of such a response shall toll the running of the applicable cure period as provided in Section 11.2.1 hereof. Notwithstanding the preceding, no Event of Default shall exist if a breach is curable but work to be performed, acts to be done, or conditions to be removed which cannot, by their nature, reasonably be performed, done or removed within the cure period provided, so long as the Company shall have commenced curing the same within the cure period provided and shall diligently and continuously prosecute the same promptly to completion. (b) If the Company fails to cure the breach within the applicable cure period, and fails to submit a response to City the Commissioner pursuant to subparagraph (a) hereof within the period provided herein for submitting such response, an Event of Default will be deemed to have occurred. (c) If, after the Company makes a response to Citythe Commissioner, City the Commissioner determines, in his or her reasonable discretion, that a breach under this Agreement has occurred, the Company shall cure such breach within the balance of the time period to cure that remained when the submission was made. If the Company is not able to cure within the remaining time, the breach will be deemed to be an Event of Default, provided, however, that no Event of Default shall exist if a breach is curable but work to be performed, acts to be done, or conditions to be removed which cannot, by their nature, reasonably be performed, done or removed within the cure period remaining, so long as the Company shall have commenced curing the same within the cure period provided and shall diligently and continuously prosecute the same promptly to completion.

Cure Procedures. (a) City The Commissioner shall notify the Company, in writing, of any breach under this Agreement, in accordance with Section 13.5 hereof. The notice shall specify the alleged breach(es) with reasonable particularity. The Company shall either (i) within the number of days set forth in the applicable paragraph of Section Section 11.2.1 hereof, or such longer period of time as City the Commissioner may specify in such notice, cure such alleged breach(es); or (ii) in a written response submitted to City the Commissioner within fifteen (15) days after the notice of breach, present facts and arguments in refutation or excuse of such alleged failure. The submission of such a response shall toll the running of the applicable cure period as provided in Section 11.2.1 hereof. Notwithstanding the preceding, no Event of Default shall exist if a breach is curable but work to be performed, acts to be done, or conditions to be removed which cannot, by their nature, reasonably be performed, done or removed within the cure period provided, so long as the Company shall have commenced curing the same within the cure period provided and shall diligently and continuously prosecute the same promptly to completion. (b) If the Company fails to cure the breach within the applicable cure period, and fails to submit a response to City the Commissioner pursuant to subparagraph (a) hereof within the period provided herein for submitting such response, an Event of Default will be deemed to have occurred. (c) If, after the Company makes a response to Citythe Commissioner, City the Commissioner determines, in his or her reasonable discretion, that a breach under this Agreement has occurred, the Company shall cure such breach within the balance of the time period to cure that remained when the submission was made. If the Company is not able to cure within the remaining time, the breach will be deemed to be an Event of Default, Default provided, however, that no Event of Default shall exist if a breach is curable but work to be performed, acts to be done, or conditions to be removed which cannot, by their nature, reasonably be performed, done or removed within the cure period remaining, so long as the Company shall have commenced curing the same within the cure period provided and shall diligently and continuously prosecute the same promptly to completion. (d) If, as a result of a failure or alleged failure to comply with a material provision of this Agreement, the Company is unable to comply with any other material provision(s) which necessarily and directly arise(s) out of said failure or alleged failure as delineated in said subsections, such inability to comply with such other provision(s) shall not be deemed to be an independent failure to comply with a material provision of this Agreement.