Default and Waiver. In the event Customer defaults in the payment when due of any sum due hereunder, or in the event of any default or breach of the terms and/or conditions of this Agreement, or if any proceeding in bankruptcy, receivership or insolvency or petition for receivership shall be instituted by or against Customer, Company, at its option, may:
Default and Waiver. 8.1 In the event that Customer shall default in the payment when due of any sum hereunder, or in the event of any default or breach of the terms and/or conditions of this Agreement, or if any proceeding in bankruptcy, receivership or insolvency or petition for receivership shall be instituted by or against Customer, Provider may at its option:
Default and Waiver. On the occurrence of any of the following: (i) if taxes, assessments, or other payment from LCZ to CITY shall be and remain unpaid in whole or part for more than thirty (30) days after it is due and payable; (ii) if LCZ shall be adjudged bankrupt or file a petition in bankruptcy or for any arrangements under the Bankruptcy Code or become insolvent or have appointed a Receiver of its property; or (iii) if LCZ shall vacate or abandon the Premises, then CITY may without demand and notice terminate this Lease Agreement and re-enter the Premises with or without process of law using such force as may be necessary to remove all persons or chattels therefrom, and CITY shall not be liable for damage by reason of such re-entry or forfeiture and CITY can take any other action available to it under law. In the event either party fails to comply with any of the other material terms herein, then the other party may declare a default if such failure continues for thirty (30) days after the non- complying party receives written notice specifying the nature of the default (including written notice sent to LPS (as defined below) which is a subtenant of LCZ); provided, however, in the event such failure cannot, in the exercise of reasonable diligence, reasonably be cured within such thirty (30) day period, such failure shall not be considered a default, provided the non- complying party commences the cure within the thirty (30) day period and continues to exercise reasonable diligence to complete the cure. If any default under this Lease Agreement shall occur and the defaulting party fails to cure the same within the time period provided herein, the other party may seek any remedy at law or in equity without notice or demand, including specific performance. No delay in exercising remedies or custom or practice of the parties which varies from the terms of this Lease Agreement shall be a waiver of any party’s right to demand exact compliance with the terms herein. Any waiver by any party of a default of any other party of this Lease Agreement shall not affect or impair any right arising from any subsequent default. It is hereby agreed that time is of the essence, and all provisions herein relating thereto shall be strictly construed. No right or remedy given in this Lease Agreement to CITY or LCZ is intended to be exclusive of any other right or remedy hereof provided by law. In the event the Lease Agreement expires or is terminated, peaceful possession of the Premises shall ...
Default and Waiver. If the Seller is in default hereunder for failure to comply with any one or more of the material terms or conditions of this Agreement and such failure continues for more than [amount of days] business days after the Seller's receipt of written notice from the Buyer, the Buyer at its sole option may:
Default and Waiver. (a) For purposes of this Waiver and Amendment, the "
Default and Waiver. If Purchaser fails to pay any invoice when due or to accept any shipment of goods as scheduled herein or to perform any other obligation arising hereunder, Seller may, in addition and without prejudice to any other sights and remedies, defer further shipments until the default is corrected or terminate this agreement on written notice to Purchaser. Upon Seller’s sending the notice of cancellation, this agreement shall be terminated except that Purchaser shall remain liable for all obligations arising hereunder prior to such termination.
Default and Waiver. If Grantor or Grantee has failed and/or is failing to adequately perform, or comply with, any term, condition, provision, covenant, promise, requirement, obligation or duty contained in this Easement, then the non-defaulting party may send a written notice of default to the defaulting party describing the default. In which case, the defaulting party shall immediately commence all necessary action(s) to cure the default(s). A notice of default may also describe specific action(s) which the defaulting party must undertake to correct the default(s). However, if Grantee fails at any time for any reason to comply with each and all of Grantee’s covenants, promises, requirements, obligations and duties regarding the insurance policy as described and required by this Easement, then Grantor may elect to immediately terminate this Easement. All defaults must be cured by the defaulting party no later than thirty (30) days immediately following a notice of default, and if any such default is not cured within the above prescribed thirty (30) day time period, then the non-defaulting party may pursue any remedy available at law or in equity, or available pursuant to the terms hereof, or otherwise available, including termination of this Easement. Either party may, but is not required to, also commence any other action to cure any default(s) if it believes in its sole discretion that such action is necessary and prudent. Either party may provide a notice of a default at any time regardless of the period of time which may have elapsed since the default first occurred or became known, and the passage of time shall not constitute a waiver of such default nor a waiver of any term, condition, provision, covenant, promise, requirement, obligation or duty to which the parties are bound or obligated to abide by, nor shall the waiver of any right occasioned by a default in any one or more instances constitute a waiver of any right occasioned by either a subsequent default of the same obligation or by any other default. This paragraph shall survive expiration or termination of this Easement coextensively with other surviving provisions of this Easement.
Default and Waiver. A party's failure at any time to require performance of any provision by any other party shall not affect the right of the first party to require such performance at any later time. A party's waiver of a breach of any provision by any other party shall not constitute a waiver by the first party of the provision for any succeeding breach by such other party.
Default and Waiver. In the event that either party shall fail to perform any of its obligations hereunder, the other party shall deliver written notice thereof to such party specifying the nature of the failure with reasonable detail. Upon receipt thereof, the defaulting party shall forthwith proceed to correct any such failure to perform and shall be allowed reasonable time to do so. Any failure or refusal of either party to enforce any term or condition of this Agreement shall not be any waiver thereof or any waiver of any right to enforce any term or condition in the future.
Default and Waiver. In the event any Party (“Non-Defaulting Party”) believes that another Party (“Defaulting Party) is in default of any term, provision or covenant of this IGA, the Non-Defaulting Party shall send written notice to the Defaulting Party which describes the nature of the alleged default and which identifies the section of this IGA believed to be in default. The Defaulting Party shall, within fourteen (14) days of receipt of any notice of default, (i) cure the default identified in the notice of default; (ii) provide the Non-Defaulting Party with a timeframe in which to cure the default if the default cannot be cured within the aforesaid fourteen (14) day period; or (iii) provide the Non-Defaulting Party written evidence insofar as why the Default Party believes it is not in default as described in the notice of default. Any failure by a Party to notify another Party of the latter’s default shall not constitute a waiver of such default.
