Default by County Clause Samples

Default by County. County shall be in default under this Agreement if County fails to perform any of its duties and obligations under this Agreement and does not cure or remedy such failure to perform within thirty (30) days after receipt of written notice from Project Manager with respect thereto; provided, however, that, if such failure to perform shall necessitate longer to cure than such thirty (30) day period, then such cure period shall be extended for such period of time as is reasonably necessary to cure such failure to perform if County commences such cure within thirty (30) days after receipt of written notice from Project Manager and thereafter proceeds diligently and in good faith to cure.

Default by County. In the event the County shall fail to perform its obligations pursuant to this Agreement after thirty (30) days written notice from A-E to the County is given, the A-E may declare the County to be in default hereunder and exercise any remedies available to it.

Default by County. Upon the default of the County in the performance of any of its obligations hereunder, the Company may take whatever action at law or in equity as may appear necessary or desirable to enforce its rights under this Agreement, including without limitation, a suit for mandamus or specific performance. Provided, however, that anything herein to the contrary notwithstanding, any financial obligation the County may incur hereunder, including for the payment of money, shall not be deemed to constitute a pecuniary liability or a debt or general obligation of the County. ARTICLE XII MISCELLANEOUS

Default by County. County shall not be in default unless County fails to perform obligations imposed upon County hereunder within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to County, specifying wherein County has failed to perform such obligations; provided, however, that if the nature of County’s default is such that more than thirty (30) days are reasonably required for its cure, then County shall not be deemed to be in default if County commenced such cure within such thirty (30) day period and thereafter diligently pursues such cure to completion.

Default by County. County shall be in default under this Contract if: 11.2.1 County fails to pay Contractor any amount pursuant to the terms of this Contract, and County fails to cure such failure within thirty (30) business days after delivery of Contractor’s notice or such longer period as Contractor may specify in such notice; or 11.2.2 County commits any material breach or default of any covenant, warranty, or obligation under this Contract, fails to perform its commitments hereunder within the time specified or any extension thereof, and County fails to cure such failure within thirty (30) business days after delivery of Contractor’s notice or such longer period as Contractor may specify in such notice.

Default by County. BOWERMAN POWER shall have the right (in addition to any other right they may have at law or in equity) to terminate this Agreement: (i) If COUNTY fails timely to pay any sums due to ▇▇▇▇▇▇▇▇ POWER under this Agreement and fails to cure such failure within thirty (30) days after ▇▇▇▇▇▇▇▇ POWER gives written notice of default to COUNTY; (ii) If COUNTY defaults in the performance of any other material obligation of the Agreement and fails to cure same within ninety (90) days after ▇▇▇▇▇▇▇▇ POWER gives written notice of default to COUNTY, unless such default is excused by the provisions of Section 2.14 (Force Majeure); (iii) If COUNTY fails to pay its undisputed debts as they become due or admits in writing its inability to pay its debts or makes a general assignment for the benefit of creditors; (iv) If a case is commenced by or against COUNTY under Title 11 of the United States Bankruptcy Code as now in force or hereafter amended and if the same is not dismissed within ninety (90) days; (v) If a trustee or receiver is appointed to take possession of substantially all of COUNTY’s interest in this Agreement, where such seizure is not discharged within ninety (90) days; or (vi) If COUNTY convenes a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts.

Default by County. Upon the default of the County in the performance of any of its obligations hereunder, the Company and any other Sponsor or Sponsor Affiliate may take whatever action at law or in equity as may appear necessary or desirable to enforce its rights under this Agreement, including without limitation a suit for mandamus or specific performance. ARTICLE IX Section 9.01.

Default by County. Upon the default of the County in the performance of any of its obligations hereunder, the Company may take whatever action at law or in equity as may appear necessary or desirable to enforce its rights under this Agreement, including without limitation, a suit for mandamus or specific performance. No breach by the County of this Agreement shall result in the imposition of any pecuniary liability upon the County or any charge upon its general credit or against its taxing power. The liability of the County under this Agreement or of any warranty herein included or for any breach or default by the County of any of the foregoing shall be limited solely and exclusively to the FILOT Payments. The County shall not be required to execute or perform any of its duties, obligations, powers, or covenants hereunder except to the extent of the FILOT Payments.

Default by County. Upon the failure of the County to perform any obligation it may have under this Fee Agreement or the Related Documents in a timely manner, or if no time for performance is specified, then within ninety (90) days following written notice thereof from the Company or Sponsor Affiliate to the County, the Company and each Sponsor Affiliate may pursue any remedy permitted by this Fee Agreement or available by law or in equity, including, but not limited to, specific performance or suit for mandamus.