Default by Arlington Clause Samples

Default by Arlington. In the event Arlington is in default under the terms of this Agreement, Grand Prairie shall give Arlington written notice of such default. If Arlington’s default is not cured after the expiration of thirty (30) days after such written notification is given to Arlington, and if the uncured default relates directly to payments due by Grand Prairie hereunder that are disputed in good faith by Grand Prairie, then, as its sole and exclusive remedy, Grand Prairie may temporarily suspend payment of any disputed funds, but not any other funds, then due or to become due in the future under the terms of this Agreement to Arlington, and place the disputed funds in an interest bearing escrow account at a nationally recognized banking institution in Tarrant County, Texas, until such default is cured. In no event shall Arlington be liable to Grand Prairie for any special, indirect, incidental, consequential, or punitive damages. In the event Grand Prairie is awarded damages in a final, non-appealable judgment, then such damages shall be offset against all sums due or to become due to Arlington hereunder until Grand Prairie’s damages are fully compensated.