Default by Concessionaire Sample Clauses

Default by Concessionaire. Time of payment and performance is of the essence of this Agreement. Concessionaire shall be in default under this Agreement upon the occurrence of any one or more of the following events: 15.1.1 Concessionaire's failure to pay any fee or other charge when due and within five (5) workings days after notice from City of such nonpayment. 15.1.2 Concessionaire's failure to maintain the insurance required in Section 11.4. 15.1.3 Concessionaire’s assignment of any right hereunder in violation of Article 13. 15.1.4 Concessionaire's failure to perform, keep or observe any of the terms, covenants or conditions of this Agreement within seven (7) days (or such longer time as may be necessary to cure, provided that cure is commenced within the initial seven [7] days) after notice from the City specifying the nature of the deficiency with reasonable particularity and the corrective action that is to be taken within such period to cure the deficiency. 15.1.5 The filing by Concessionaire of a voluntary petition in bankruptcy, the filing of an involuntary petition in bankruptcy against Concessionaire, the taking of possession of all or substantially all of Concessionaire's assets pursuant to proceedings brought under the provisions of any federal reorganization act or the appointment of a receiver of all or substantially all of Concessionaire's assets and the failure of Concessionaire to secure the return of such assets and/or the dismissal of such proceeding within ninety (90) days after the filing. 15.1.6 The abandonment for a period of (7) days by Concessionaire of the conduct of its services and operations during the season from the beginning of April through the end of September, or for a period of fourteen (14) days during the October through March off-season. 15.1.7 The assignment by Concessionaire of its assets for the benefit of creditors.
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Default by Concessionaire. 17.1 Each of the following shall constitute an event of default by Concessionaire: a. Concessionaire shall fail to timely pay any monetary obligation or maintain a performance guarantee as provided for in this Agreement, and fails to cure such by making payment in full for a period of ten (10) calendar days after receipt by Concessionaire of written notice of such failure. b. Concessionaire shall neglect or fail to perform or observe any of the terms, provisions, conditions or covenants herein contained, and on Concessionaire’s part to be performed or in any way observed, and if such neglect or failure should continue for a period of thirty (30) calendar days (or for such other time periods as may be specifically stated elsewhere herein) after receipt by Concessionaire of written notice of such neglect or failure. c. Concessionaire shall become insolvent, shall take the benefit of any present or future insolvency statute, shall make a general assignment for the benefit of creditors, shall file a voluntary petition in bankruptcy or a petition to answer seeking a reorganization or the readjustment of its indebtedness under the federal bankruptcy law or under any other law or statute of the United States or of any state thereof, or shall consent to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property. d. An involuntary petition under any part of the federal bankruptcy laws or an action under any present or future insolvency law or statute shall be filed against Concessionaire and shall not be dismissed within thirty (30) calendar days after the filing thereof.
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Default by Concessionaire. 1. Any of the following occurrences or acts shall constitute an "Event of Default" under this Contract: a. If Concessionaire at any time during the Term shall fail: (1) to make payment of any installment of Base Rent, Percentage Rent or of any other payment herein specified to be paid by Concessionaire, when due; or (2) to observe or perform any of Concessionaire's other covenants, agreements or obligations hereunder; and if any such default shall not be cured within three (3) days after receipt of written notice thereof by Concessionaire. b. If Concessionaire shall fail: i. To timely pay any taxes when due; or ii. To observe or perform any of Concessionaire's other covenants, agreements or obligations under any agreement with Landlord relating to taxes; or c. If Concessionaire shall commit or suffer to be committed any waste or impairment of the Premises or any part thereof; or d. If Concessionaire shall alter the improvements in any manner, except as expressly permitted by this Contract; or e. If Concessionaire shall fail to maintain insurance as required by this Contract; or f. If Concessionaire uses the Premises for purposes other than those provided for in this Contract without the prior written approval of Landlord; or g. If Concessionaire fails to be open for business on the Premises for more than seventy-two (72) consecutive hours, except in the case of such closures as may be allowed or provided for by this Contract, (hereafter "abandonment."). An abandonment shall constitute an automatic event of default and forfeiture of this Contract and entitle Landlord to reenter and retake the premises without allowing Concessionaire a period to cure the event of default; or h. If Concessionaire fails to comply with any applicable laws, including all state and local health laws applicable to Concessionaire's business.
Sample 1
Default by Concessionaire. In the event that: i. CONCESSIONAIRE shall default in the performance or fulfillment of any covenant or condition required by this Permit to be performed or fulfilled by CONCESSIONAIRE and shall fail to cure the default within thirty (30) days following written notice from CITY; or if any default is not curable within thirty (30) days, and CONCESSIONAIRE shall fail to commence to cure the default(s) within said thirty (30) day period and diligently pursue cure to completion; ii. CONCESSIONAIRE shall voluntarily file or have involuntarily filed against it any petition under bankruptcy or insolvency act or law; or iii. CONCESSIONAIRE shall make a general assignment for the benefit of creditors; then CITY may, at its option, without further notice or demand upon CONCESSIONAIRE or upon any person claiming rights through CONCESSIONAIRE, immediately terminate this Permit and all rights of CONCESSIONAIRE and of all persons claiming rights through CONCESSIONAIRE to the Concession Sites or to possession thereof, and CITY may then enter and take possession of the Sites and expel CONCESSIONAIRE and all persons so claiming rights thereto. Provided; however, in the event that any default described in Part (1)a. of this section is not curable within thirty (30) days after written notice to CONCESSIONAIRE, CITY shall not terminate this Permit pursuant to the default if CONCESSIONAIRE immediately commences to cure the default and diligently pursues cure to completion. In any event, either party may terminate this Permit without cause by giving ninety (90) days written notice of intent to terminate to the other party.
Sample 1
Default by Concessionaire. The occurrence of any one or more of the following events shall constitute an Event of Default (herein so called) of Concessionaire under this Agreement: (a) if Concessionaire fails to pay Rent or any other amount payable by Concessionaire hereunder as and when same becomes due and such failure shall continue for more than ten (10) days after the City gives Concessionaire notice of past due rent; (b) if Concessionaire attempts to make an unpermitted assignment or subletting of this Agreement; (c) if Concessionaire fails to maintain in force all policies of insurance required by this Agreement and such failure shall continue for more than twenty (20) days after the City gives Concessionaire notice of such failure; (d) if any petition is filed by or against Concessionaire or any guarantor of this Agreement under any present or future section or chapter of the Bankruptcy Code, or under any similar law or statute of the United States or any state thereof (which, in the case of an involuntary proceeding, is not permanently discharged, dismissed, stayed, or vacated, as the case may be, within ninety (90) days of commencement), or if any order for relief shall be entered against Concessionaire or any guarantor of this Agreement in any such proceedings; (e) if Concessionaire becomes insolvent or makes a transfer in fraud of creditors or makes an assignment for the benefit of creditors; (f) if a receiver, custodian, or trustee is appointed for the Facilities or for all or substantially all of the assets of Concessionaire or of any guarantor of this Agreement, which appointment is not vacated within ninety (90) days following the date of such appointment; (g) if Concessionaire fails to perform or observe any provision of this Agreement and such failure shall continue for more than thirty (30) days after the City gives Concessionaire notice of such failure, or, if such failure cannot be corrected within such thirty (30) day period, if Concessionaire does not commence to correct such default within said thirty (30) day period and thereafter diligently prosecute the correction of same to completion within ninety (90) days after notice is sent by the City; (h) if Concessionaire fails to pay any Impositions; (i) if a final judgment for the payment of money in any material amount in excess of One Million Dollars ($1,000,000.00) and which is not covered by any insurance insuring the interest of Concessionaire shall be rendered against Concessionaire, and within sixty (60) ...
Sample 1
Default by Concessionaire. 23 In the event that CONCESSIONAIRE shall default in the obligations or 24 conditions set forth in this Agreement, and such default shall continue unremedied for three (3) 25 days after written notice of said default to CONCESSIONAIRE, ANAHEIM shall have the 26 option, in its sole discretion, to terminate this Agreement. In the event of termination of this 27 Agreement prior to the expiration of the term, ANAHEIM hereby expressly reserves and retains 1 all rights and remedies to which it may be lawfully entitled.
Sample 1
Default by Concessionaire. Failure by the Concessionaire to comply with any term, condition, or requirement under this Agreement shall constitute a default (“Default”).
Sample 1
Default by Concessionaire. The occurrence of any of the following shall constitute a default by Concessionaire: a) Failure to pay rent or any other sum due hereunder when due, if the failure continues for a period of thirty (30) days after said payment became due as provided herein. b) Abandonment or vacation of the premises (failure to occupy and/or operate the business on said premises for ten (10) consecutive days) shall be deemed an abandonment and vacation except when caused by acts of God, forces of nature, pandemic, or other causes beyond the control of the Concessionaire. c) Failure to perform any other provision of this License Agreement if the failure to perform is not cured within thirty (30) days after notice has been given to Concessionaire. In the event of any such default, City shall have the following rights and remedies in addition to any rights and remedies now or hereafter provided by law. All such remedies are cumulative and may be exercised concurrently or separately. City can continue this License Agreement in full force and effect and the License Agreement will continue in effect as long as City does not terminate Concessionaire’s right to possession, and City shall have the right to collect rent when due. After Concessionaire’s default, and for as long as City does not terminate Concessionaire’s right to possession of the premises, Concessionaire have the right to assign or sublet their interest in this License Agreement if Concessionaire shall obtain City’s written consent, but Concessionaire shall not be released from liability. City’s consent to a proposed assignment or subletting shall not be unreasonably withheld. Upon default by Concessionaire as defined herein, City can terminate Concessionaire’s right to possession of the premises at any time. Termination under this Paragraph shall not relieve Concessionaire from the payment of any sums then due to City, or for money claimed for damages previously accrued or then accruing against Concessionaire. No act by City, other than giving notice of default to Concessionaire, shall terminate this License Agreement. Acts of maintenance or preservation or efforts to relet the property, or the appointment of a receiver upon the initiative of the City to protect the City’s interest under the License Agreement, shall not constitute a termination of Concessionaire’s right to possession.
Sample 1
Default by Concessionaire 
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Related to Default by Concessionaire

  • Default by Contractor To the maximum extent permitted by applicable law, failure to comply with any of the terms and/or conditions of this Contract, including these General Conditions, shall constitute default by Contractor and grounds for termination of this Contract. Contractor shall be liable for any and all damages suffered by District due to the failure by Contractor or Contractor’s subcontractor(s) to comply with this Contract.

  • Default by Owner If one or more of the following Events of Default shall occur and be continuing, that is to say: (a) breach by Owner of the representations, warranties and covenants of the Owner as set forth in Section 6.02 above); then, and in each and every such case (except in instances where the Event of Default has been cured within thirty (30) days after the date on which written notice of such default, requiring the same to be remedied, shall have been given to the Owner by the Servicer), the Servicer, by notice in writing to the Owner, may immediately terminate all of its responsibilities, duties and obligations as servicer under this Agreement. On or after the receipt by the Owner of such written notice, all responsibilities, duties and obligations of the Servicer to service the Mortgage Loans under this Agreement shall on the date set forth in such notice pass to and be vested in the successor appointed pursuant to Section 10 herein.

  • Default by Tenant The occurrence of any of the following shall constitute an “Event of Default” under this Lease by Tenant: (a) Failure to pay when due the rent or any other monetary sums required hereunder. (b) Failure to perform any other agreement or obligation of Tenant hereunder, if such failure continues for fifteen (15) days after written notice by Landlord to Tenant except as to those Events of Default that are noncurable, in which case no such grace period shall apply. Landlord’s notice described herein is intended to satisfy, and is not in addition to, any and all legal notices required prior to commencement of an unlawful detainer action, including without limitation, the notice requirements of California Code of Civil Procedure Sections 1161 et seq., provided that if the nature of such obligation is such that more than 15 days is required for performance, then Tenant will not be in default if Tenant commences performance within such 15-day period and thereafter diligently prosecutes the same to completion. (c) Abandonment or vacation of the Premises by Tenant, or failure to occupy the Premises for ten (10) consecutive days. (d) If any of the following occurs: (i) a petition is filed for an order of relief under the federal Bankruptcy Code or for an order or decree of insolvency or reorganization or rearrangement under any state or federal law, and such petition is not dismissed within thirty (30) days after the filing thereof; (ii) Tenant makes a general assignment for the benefit of creditors; (iii) a receiver or trustee is appointed to take possession of any substantial part of Tenant’s assets, unless such appointment is vacated within thirty (30) days after the date thereof; (iv) Tenant consents to or suffers an attachment, execution or other judicial seizure of any substantial part of its assets or its interest under this Lease, unless such process is released or satisfied within thirty (30) days after the occurrence thereof. If a court of competent jurisdiction determines that any of the foregoing events is not a default under this Lease, and a trustee is appointed to take possession (or if Tenant remains a debtor in possession), and such trustee or Tenant transfers Tenant’s interest hereunder, then Landlord shall receive, as Additional Rent, the difference between the rent (or other consideration) paid in connection with such transfer and the rent payable by Tenant hereunder, Any assignee pursuant to the provisions of any bankruptcy law shall be deemed without further act to have assumed all of the obligations of the Tenant hereunder arising on or after the date of such assignment. Any such assignee shall, upon demand, execute and deliver to Landlord an instrument confirming such assumption. (e) The occurrence of any other event that is deemed to be an Event of Default under any other provision of this Lease.