DEFAULT AND RIGHT TO TERMINATE. 11. Either party may terminate this lease at any time with 10 day notice to the other party. Xxxxxx’s use of the plot may be terminated by the landowner due to non-compliance with the items in this lease or the CCA Operating Rules and Regulations. Payment will not be refunded.
DEFAULT AND RIGHT TO TERMINATE. 9.1 Owner, at its option, may, by written notice to Operator, declare Operator in default on the occurrence of any of the following: (1) failure of the Operator to perform any of its obligations under this Agreement, including, without limitation, failure to properly operate and maintain the Facilities; (2) institution by or against the Operator of any proceeding in bankruptcy or insolvency, or the reorganization of the Operator under any law, or the appointment of a receiver or trustee for the property of the Operator, or any assignment by the Operator of the benefit of creditors; (3) involuntary transfer of the Operator’s interest in the Agreement by operation of law.
DEFAULT AND RIGHT TO TERMINATE. If at any time after the Commencement Date the Company reasonably determines that ConAm is not complying with its obligations to the Company under Section 3.2(a) or if, within any consecutive 120 day period, ConAm has failed to deliver a Notice presenting to the Company a Redevelopment Project, then the Company shall have the right, but not the obligation, to notify ConAm that the Company deems ConAm to be in default under this Agreement and specifying the reasons therefor (the "Default Notice"). ConAm shall have a period of sixty (60) days from the date of the Default Notice (the "Cure Period") within which to cure the default specified in the Default Notice to the satisfaction of the Company. If the Company reasonably determines that ConAm has failed to cure the default during the Cure Period, then the Company shall deliver written notice to ConAm confirming (i) that the default has not been cured to the satisfaction of the Company and (ii) that the Company has elected to terminate the Agreement effective as of the date of such notice, subject to the provisions of Section 6.1. The right to terminate is the sole remedy of the Company for failure of ConAm to comply with Section 3.2(a).
DEFAULT AND RIGHT TO TERMINATE. Upon the neglect, failure or refusal by Tenant to comply with any of the terms or conditions of this Agreement, after thirty (30) days' written notice and demand by Executive Director to comply with any such terms or conditions, Board may, at its option, declare this Agreement forfeited, and may forthwith enter upon said premises, using all reasonable force to do so, and exclude Tenant from further use of said premises and all improvements thereon; provided, however, that if there is any default in the payment by Tenant of the compensation or other consideration provided herein, City may give to Tenant a three (3) day notice to pay all sums then due, owning and unpaid, and if such payment is not made within such three (3) day period, at the election of City, stated in such notice, this Agreement and Tenant's rights hereunder are forfeited. Upon any forfeiture of this Agreement, Tenant shall immediately surrender all rights in and to the premises and all improvements. Upon any such forfeiture of this Agreement, any and ail buildings, structures and improvements of any character whatsoever, erected, installed or made, under, through, or because of, or pursuant to the terms of this Agreement, or any prior agreement shall immediately ipso facto either become the property of City free and clear of any claim of any kind or nature of Tenant or its successors in interest, and without compensation to Tenant or its successors, or become removable by Board at the sole expense of Tenant, at the option of Board. In the event this Agreement is forfeited as set forth above, Board may enforce all of its rights and remedies under this Agreement and in addition to any remedy available to City at law or in equity, City shall be entitled to recover from Tenant rent as it becomes due pursuant to the terms of this Agreement and, in addition thereto, the damage that Board may recover includes the worth at the time of the award of the amount by which the unpaid rent for the balance of the term of this Agreement, or five (5) years after the time of the award, whichever period is shorter, exceeds the amount of such rental loss for the same period that Tenant proves could have been reasonably avoided. Any default in Tenant's obligations to make payments to City under the terms of any berth assignment, lease, permit or other agreement, when such default involves the sum of Five Hundred Dollars ($500.00) or more, shall constitute a material default on the part of Tenant with respect t...
DEFAULT AND RIGHT TO TERMINATE. Each of the following shall constitute Developer's default and grounds for City to terminate this Agreement:
DEFAULT AND RIGHT TO TERMINATE
