Default and Remedy. 10.1 Events of Default by Party B and Liabilities
(1) If Party B does not advance the Loan as provided herein without justifiable reason, Party A may request Party B to advance the Loan in accordance with the Contract.
(2) If Party B charges any interest or fee which is prohibited by the laws or regulations, Party A may request Party B to refund the interest or fee charged.
Default and Remedy. Upon the occurrence of any Event of Default specified in the Loan Agreement, the Loan shall automatically become immediately due and payable together with all Default Interest (as defined in the Loan Agreement) accrued and all other obligations payable under the Loan Agreement without any notice.
Default and Remedy. Landlord will have, in addition to all those remedies specified in this lease and provided by law and in equity without waiving any thereof, the following remedies: (a) the right to collect an additional $5 per month as a late charge for each month that Tenant fails to pay the rent within five (5) days after it is due; and (b) the right to terminate this lease and overlock and take possession of the Unit and its contents (collectively, “Re-entry” or to “Re-enter”), in the event that: (i) Tenant fails to pay rent within ten (10) days after it is due, or (ii) Tenant fails to comply with any other obligation of this lease within 10 days after receipt of written notice from Landlord specifying the failure (except in the case of emergency involving manifest danger to person(s) or property, in which event Landlord will be required to give only such notice as is reasonable under the circumstances). If Landlord terminates this lease and Re-enters, then upon reasonable notice to Tenant of the time and place, Landlord may sell the contents of the Unit at either a public or private sale. The proceeds of any sale will be applied first to the expenses of sale, then to Landlord’s attorney fees and court costs, then to delinquent rentals and other amounts due under this lease, and the balance remaining together with any unsold property, if any, to be held by Landlord until demand by Tenant in accordance with the Act. Such Re-entry will not bar the right of recovery of rent or damages for breach of covenants, nor will the receipt of rent after a default be deemed a waiver of forfeiture. Following Tenant’s failure to pay rent, it will not be necessary for Landlord to give notice of default or to make demand for rent in order for Landlord to terminate and Re-enter, the execution of this lease signed by the parties hereto being sufficient notice of the rent being due and demand for the same. Landlord will not be required to accept any sublessee offered by Tenant or to mitigate Landlord’s damages. To reinstate this lease after default, Tenant will be required to pay all amounts due under this lease, a $20 double lock/notice fee, a $25 foreclosure processing fee, and all reasonable costs including publication costs, attorney fees and expenses that may be incurred by Landlord in enforcing this lease. Tenant’s right to reinstate will be in the sole discretion of Landlord. Nothing herein limits or prejudices the right of Landlord to provide for and obtain as damages by reason of ...
Default and Remedy. You understand that You will be in default under the Line of Credit if any of the following occur:
Default and Remedy. If any Party materially defaults in its obligations under this Agreement and fails to cure the same within thirty (30) days after the date the Party receives written notice of the default from a non-defaulting Party, then the non-defaulting Party shall have the right to (i) immediately terminate this Agreement by delivering written notice to the materially defaulting Party (after expiration of the foregoing cure period), and
Default and Remedy. Section 182 of the New York State Lien Law gives Owner a lien on all property of Occupant stored at the facility for occupancy charges and other charges, present or future, in relation to the property, and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to law, and any other charges pursuant to this Agreement. This lien is superior to any other lien or security interest and attaches as of the date the property is brought to the facility. Accordingly, if Occupant (a) fails to pay in the full monthly occupancy charge or any other charge when due, (b) abandons the storage unit, or (c) fails to comply with any other term of this Agreement, within ten (10) days after notice, Owner may (i) deny Occupant access to and overlock the storage unit until Occupant pays the occupancy charge or such other charges and/or (ii) make any demand or give any notice required by law and, if Occupant does comply with such demand or notice within the same time required by law, if any, Owner may sell Occupant's property in accordance with Section 182 of the New York State Lien Law or take any other reasonable, lawful action in connection with the termination of this Agreement, the removal of Occupant's property and the collection of any outstanding charges or other charges. Occupant will remain liable to Owner for all unpaid occupancy charges as well as for all other charges due and owing the date of termination and for any damages resulting from Occupant's non- compliance, including attorneys' fees and all expenses of Owner in connection with removing Occupant, removing, preserving and/or selling Occupant's property, and cleaning and repairing the storage unit or the facility.
Default and Remedy. If there shall be any failure to comply with any of the requirements of paragraph 6(b), Ameristar may give written notice to Iowa West specifying with particularity the failure or failures to comply. If all such specified failures are not remedied within sixty (60) days following the giving of such notice, Ameristar may suspend making one-half of the amount of each payment to Iowa West or its assignee under paragraph 4 of this Agreement and instead shall deposit the amount of such suspended and withheld payments in a segregated interest-bearing escrow account at the branch of a national or state chartered bank located in the County, until such time as all such failures have been remedied or the termination of this Agreement (it being understood that the remaining one-half of such fees shall continue to be due and payable to Iowa West as provided herein). If all such failures are cured prior to the giving by Ameristar of a notice of termination (as provided for below), such escrowed funds, together with all interest earned thereon, shall be released to Iowa West or its assignee. If all such specified failures are not remedied within ninety (90) days following the giving of such notice, Ameristar may give a written notice of termination of this Agreement to Iowa West, which termination shall be effective on the last day of the sixth (6th) month following the giving of the notice of termination or, if Iowa West disputes the termination as provided below, the termination shall be effective on the last day of the sixth (6th) month following the final determination by a court of competent jurisdiction of Ameristar's right to terminate this Agreement. In the event of such a termination of this Agreement while such funds are held in escrow, all escrowed funds, together with all interest earned thereon, shall be paid to the successor qualified sponsoring organization for Ameristar's excursion gambling boat. If Iowa West disputes Ameristar's right to terminate this Agreement under this paragraph and a court of competent jurisdiction finally determines that Ameristar does not have a right to terminate this Agreement under this paragraph, this Agreement shall continue in full force and effect and all escrowed funds, together with all interest earned thereon, shall be released to Iowa West or its assignee. In the event of such a dispute, Iowa West agrees to assert its claim within thirty (30) days following its receipt of the notice of termination from Ameristar, and b...
Default and Remedy a) In the event of any Party committing a breach of any of its material obligations pursuant to and in accordance with this Agreement and the Subscription Agreement and failing to rectify the same within a period of fifteen (15) Business Days of receipt of a written notice of such breach, the aggrieved Party shall be entitled to invoke the dispute resolution provision set forth in Clause 15(b) below, and may exercise all its rights in law, equity or otherwise including termination of this Agreement
Default and Remedy. Where this Agreement is terminated by Party B with advance notice less than a month, Party A may deduct 10% of the Deposit for any day in short and reserves the right to seek additional indemnification. Where Party B fails to pay monthly Contract Price on time, Party A shall demand the payment in writing or by phone. If Party A fails to receive such monthly Contract Price within 3 days after such demand, Party A may immediately suspend the advertising till the receipt of such monthly Contract Price. Party A may deduct the daily Contract Price (calculated as the monthly Contract Price divided by 30) from the Deposit for any unsuspended advertising. Party A reserve the right to seek indemnification in addition to the deduction of the Deposit. Party A will not arrange for re-broadcast of any suspended advertising due to Party B’s failure to pay the monthly Contract Price on time. Party B shall bear all the consequences and losses incurred therefrom (including but not limited to losses suffered by the clients). Where the advertisings are delayed for broadcast due to the following reasons：(i) the content of Party B’s manuscript is not qualified; (ii) the certificate document is incomplete; (iii) the audio products does not meet the broadcast standard; or (iv) the above said documents has not been delivered to Party A on time, Party B shall bear all the consequence therefrom. Where, due to the satellite transmission or certain internal technical problems of CNR, no advertisings have been broadcasted on any given day or days, Party B shall be exempted from the amount of the daily Contract Price times the number of days when no broadcast has been made. In case of failure to restore the advertising broadcast within 10 days, the amount of the daily Contract Price times 15 shall be exempted. In case of failure to restore the advertising broadcast within 15 days, the monthly Contract Price shall be exempted. The exempted Contract Price shall be deducted from the following monthly Contract Price. Where the advertising broadcast results in a third party claim or a fine imposed by administration for industry and commerce, Party B shall seek indemnification against the advertising client to collect the fine or compensation, and bear all liability in case of failure to collect, including, without limitation, to compensate the third party claim, damage, compensation as well as fines imposed by the administration for industry and commerce. This Agreement is executed by the P...
Default and Remedy. Section 17.01 Events of Tenant’s Default 18 Section 17.02 Remedies 19 Section 17.03 Reletting 20 Section 17.04 Default of Landlord 20 Section 17.05 Non-Waiver 20 Section 17.06 Mortgagee Protection 20 ARTICLE XVIII NOTICES 21
