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. (a) The occurrence of any of the following shall be deemed an “Event of Default”:
(i) Failure to pay the Minimum Rent as herein provided when due;
(ii) Failure to pay any Additional Rent, costs or expenses as may be provided in this Lease when due;
(iii) Failure to perform any act to be performed by Tenant hereunder or to comply with any condition or covenant contained herein;
(iv) The abandonment of the Leased Premises by Tenant for a period of ten (10) days or more or Tenant’s adjudication as a bankrupt; the making by Tenant of a general assignment for the benefit of creditors; Tenant’s taking the benefit of any insolvency action or law; the appointment of a permanent receiver or trustee in bankruptcy for Tenant or its assets; the appointment of a temporary receiver for Tenant or its assets if such temporary receivership has not been vacated or set aside within thirty (30) days from the date of such appointment; the initiation of an arrangement or similar proceeding for the benefit of creditors by or against Tenant; or dissolution or other termination of Tenant’s corporate charter.
(b) Upon the occurrence of any Event of Default as defined above, and the continuance of such a default for ten (10) days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant’s default is such that more than ten (10) days are reasonably required to cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within such ten (10) day period and thereafter diligently prosecutes such cure to completion; and further provided that Landlord shall not be required to give such ten (10) days’ notice more than two (2) times during any twelve (12) month period. At any time thereafter, either with or without notice or demand, Landlord may:
(i) Terminate Tenant’s rights hereunder without terminating Tenant’s obligations hereunder;
(ii) Re-enter the Leased Premises with or without process of law, using such means as may be necessary to remove all persons and property therefrom;
(iii) Remove all Tenant’s personal property from the Leased Premises and dispose of the same immediately, applying the net proceeds to the amounts owed to Landlord; and/or
(iv) Exercise any other right or remedy available to Landlord at law or in equity in addition or as an alternative to Landlord’s other rights and remedies specified herein. If Landlord re-enters the Leased Premises as a result of occurrence of an Event of Default, Landlord sha...
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. 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. 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 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. 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
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...
