Default by City. City shall not be in default under this Agreement unless City fails to perform an obligation required of City under this Agreement within twenty (20) days after written notice by Tenant to City. If the nature of City's obligation is such that more than twenty (20) days are reasonably required for performance or cure, City shall not be in default if City commences performance within such twenty (20) day period and thereafter diligently prosecutes the same to completion. In no event may Tenant terminate this Agreement or withhold the payment of rent or other charges provided for in this Agreement as a result of City’s default.
Default by City. City shall not be in default under this Agreement unless City fails to perform an obligation required of City under this Agreement within twenty (20) days
Default by City. In the event City does not accept, review, approve, or issue any permits or approvals in a timely fashion, as defined by this Agreement, or if City otherwise defaults under the terms of this Agreement, City agrees that Developer shall not be obligated to proceed with or complete the Project, and shall constitute grounds for termination or cancellation of this Agreement by Developer.
Default by City. In the event of termination for non-performance or default by City after City’s issuance of notice to proceed on a project task order, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder.
Default by City. CITY will be considered in default of this Lease if CITY fails to fulfill any of the terms, covenants, or conditions set forth in this Lease.
Default by City. If default shall be made in any of the covenants herein agreed to be kept or performed by City, and such default shall continue for sixty (60) days after written notice to City, this Lease may be terminated by Landlord; provided, however, that any delay in payment of Rent due to delay in accounting, financial or budgetary procedures by City shall not be deemed a default unless such delay shall continue thirty (30) days or more from the date such payment was due.
Default by City. City shall be deemed in breach of this Agreement if it materially breaches any of the provisions of this Agreement and the same is not cured within the time set forth in a written notice of default from Developer to City, which period shall not be less than ten (10) days from the date the notice is deemed received, provided if City cannot reasonably cure the breach within the time set forth in the notice, City fails to commence to cure the breach within such time limit and diligently effect such cure thereafter.
Default by City. The City shall be deemed in default in the event of a failure by the City in the performance of this Development Agreement; provided, however, the City shall be deemed in default only after (a) the Developer provides the City with written notice of default setting forth the nature of the default and the actions, if any, required by the City to cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, which actions must be commenced within such sixty (60) day period and diligently pursued to cure such default, and (b) City fails to cure or commence to cure the default within such time period.
Default by City. A. In the event that City shall default in the payment or performance of any of its obligations to be performed hereunder prior to the execution of the Base Building Contract and such default shall remain uncured for more than thirty (30) days following Developer’s delivery of written notice thereof to City, Developer shall have, as its sole remedy, the right to terminate this Agreement. In such event, the Deposit, or such portion thereof as may then be held by Escrow Agent, shall be paid to Developer as liquidated damages and the Parties shall be released from all further obligations under this Agreement and the Mortgage Documents except for such obligations as this Agreement expressly provides shall survive such termination.
B. Provided that no Post-GMP Developer Default shall have occurred and remain continuing, in the event of the occurrence of a Post-GMP City Default, Developer shall have, as its sole remedy, the right to institute an action against City for specific performance of City’s obligation’s hereunder, provided that any such action must be instituted within one hundred eighty (180) days of the occurrence of such Post-GMP City Default. Except as otherwise expressly provided herein, Developer waives the right to recover monetary damages from City in the event of a Post-GMP City Default.
C. The parties acknowledge that because the Property is being developed for a unique use as the City Hall Facilities, it shall be difficult or impossible to ascertain the damages sustained by Developer by reason of a Post-GMP City Default. Accordingly, City and Developer hereby acknowledge and agree that the remedy of specific performance is the remedy most likely to ensure that Developer is adequately protected in the event of a Post-GMP City Default. Notwithstanding the foregoing, in the event that a Post-GMP City Default shall occur and Developer shall institute an action against City for specific performance in accordance with the terms and conditions of Section 14.B., but a court of competent jurisdiction shall determine that Developer is not entitled to pursue such action for specific performance or such remedy shall not provide a commercially reasonable basis for the preservation of the benefit of Developer’s bargain with City pursuant to this Agreement, Developer shall have the right to terminate this Agreement. In the event of any such termination, the following provisions shall apply:
(1) Any portion of the Deposit remaining on deposit with Escrow Age...
Default by City. If City shall materially default in the performance of any of its obligations to be performed on or before the Closing Date and such default shall continue for thirty (30) days after written notice to City, LPC West shall be entitled, as its sole and exclusive to: (a) terminate this Agreement, in which event (I) the Deposit (to the extent not applied to rent due under the Ground Leases) shall be promptly returned to LPC West and (II) all other rights and obligations of City and LPC West hereunder (except those set forth herein which expressly survive a termination of this Agreement) shall terminate immediately; or (b) to waive such matter or condition and proceed to Closing with no change to the agreed upon ground lease terms. Notwithstanding the preceding sentence, if, at any Closing, City fails to comply in any material respect with any of its obligations contained in Section 3.4 (the “Closing Obligations”), and if all Conditions Precedent to City’ obligations hereunder have been waived or satisfied, LPC West shall have, in lieu of LPC West’s remedies contained in the preceding sentence, the option to waive all other actions, rights, or claims for damages for the failure to perform such Closing Obligations (other than costs and expenses incurred in enforcing this Agreement and its right to enforce the indemnities and other provisions of this Agreement which expressly survive a termination of this Agreement or Closing), and to bring an equitable action to specifically enforce the Closing Obligations; provided, LPC West’s suit for specific performance shall be filed against City in a court having jurisdiction in the county and state in which the Property is located, on or before the date that is sixty (60) days following the date the Closing should have occurred, failing which, LPC West shall be barred from enforcing this Agreement by specific performance and shall be deemed to have elected to terminate this Agreement as provided herein. If LPC West files a suit to enforce the Closing Obligations by specific performance, LPC West shall accept the Property from City subject only to the Permitted Exceptions, and the City shall convey the Property to LPC West in compliance with all terms of this Agreement (other than the Closing Date). Notwithstanding anything to the contrary set forth in this Agreement, if all Conditions Precedent to City’s obligations under this Agreement have been waived or satisfied, if City intentionally fails to Close, and if the remedy...
