Default by District. Except for Article 4, it shall be deemed a default by District if District fails to perform any obligation or requirement under this Agreement or fails to comply with any term or provision of this Agreement and such default remains uncured for thirty (30) days after receipt of written notice of such failure from Developer (any such uncured default, a “District Default”). Notwithstanding the foregoing, if a default cannot reasonably be cured within thirty (30) days, District shall have such additional time as is reasonably necessary, not to exceed an additional forty-five (45) days, to cure such default; provided, however, District must commence the cure within the initial thirty (30) day period and diligently pursue completion of such cure thereafter. Notwithstanding the foregoing, in the event of a pre-Closing default, the cure periods provided herein shall not delay the Closing Date and shall terminate on the Closing Date. The District shall not be deemed in default for any act or omission related to any obligation under Article 4.
Default by District. Should District fail to perform any of District's obligations pursuant to this MOU and such failure shall have continued for thirty (30) days or more after written notice thereof from PIC, which notice shall specify the nature of each such failure, PIC may, but shall not be obligated to, cure such failure. In addition to the above-stated remedies, District's failure to cure as provided in this Section shall entitle PIC to pursue any other available remedies under applicable law or in equity.
Default by District. In the event of default by the District hereunder, the Developer shall have the right to pursue all legal or equitable remedies and to recover from the District all expenses incurred in pursuing its legal rights hereunder, including reasonable attorneys' fees.
Default by District. Subject to the provisions of Section 0 below, in the event District defaults in its payment obligations under this Agreement and such default continues more than twenty (20) days after District receives written notice of such default from A/E, A/E shall be entitled to terminate this Agreement or to suspend the delivery of Services under this Agreement and, upon receipt of payment, to receive an adjustment in the Milestone Schedule for the period of such suspension. If A/E so terminates this Agreement, A/E shall be entitled to recover payment for all Services rendered by A/E hereunder up to the date of such termination, plus interest at the rate of eight percent (8%) per annum on the amount outstanding from the date payment was due until paid. In the event District materially defaults in any of its other obligations and such default continues for more than thirty (30) days after A/E delivers notice thereof to District, A/E shall be entitled to terminate this Agreement, in which event A/E’s compensation shall be determined in the same manner as though this Agreement had been terminated in accordance with Section 0 above. In no event shall the District’s failure to take actions pursuant to this Agreement during a suspension of the Project by District under 0 above (other than District’s failure to pay the amounts due in connection with such suspension) constitute a default by District.
Default by District. District shall be in default of this Agreement if District fails to perform any material obligation required by this Agreement. In the event of any default by District, Charter School may terminate this Agreement upon thirty (30) days written notice thereof to the District if the District has failed to cure the default within thirty (30) days, unless the nature of the default is such that the same cannot reasonably be cured within said thirty (30) day period, in which event District shall not be in default (and Charter School may not terminate this Agreement) if District commences to cure such default within such thirty (30) day period and thereafter, diligently prosecutes the same to completion.
Default by District. The following constitutes a "Default" by District: i) the failure by District to make any payment of Rent or other payments required hereunder on or before the due date thereof and such failure continues for a period of thirty (30) days after receipt by District of written notice thereof from District; or ii) the failure by District to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by District and such failure continues for a period of sixty (60) days after receipt by District of written notice thereof from City; provided, however, it shall not be a Default hereunder if such failure is not capable of being cured within such sixty (60)-day period and District commences such cure within such sixty (60)-day period and diligently thereafter continues to effect such cure.
Default by District. District shall in no event be charged with default in the performance of its obligations under this Lease unless and until District shall have received written notice from City specifying wherein District has allegedly failed to perform any obligation hereunder, and District shall have failed to perform such obligation, or remedy such default, within sixty (60) days (or such additional time as is reasonably required to correct any such default) after receipt of such notice from District.
Default by District. In the event District shall fail to perform or observe any of the covenants or provisions contained in this Agreement on the part of District to be performed or observed within thirty (30) days after written notice from Lessee to District specifying the particulars of such default or breach of performance, or if more than thirty (30) days shall be reasonably required because of the nature of the default, if District shall fail to proceed diligently to cure such default after such notice, then in that event District shall be responsible to Lessee for any and all actual damages sustained by Lessee as a direct result of District's default; provided however, the Lessee as a duty to mitigate or reduce its damages to the fullest extent possible.
Default by District. District shall be in default under this Agreement if District fails to perform any obligation or requirement under this Agreement or fails to comply with any term or provision of this Agreement and such default remains uncured for thirty (30) days after receipt of written notice of such failure from Developer (any such default that remains uncured after all notice and cure periods have expired, a “District Default”). Notwithstanding the foregoing, if a default cannot reasonably be cured within thirty (30) days, District shall have such additional time as is reasonably necessary, not to exceed an additional sixty (60) days, to cure such default; provided, however, District must commence the cure within the initial thirty (30) day period and diligently pursue completion of such cure thereafter. Notwithstanding the foregoing, in the event of a pre-Closing default, the cure periods provided herein shall not delay Closing beyond the Outside Closing Date.
Default by District. The District shall be in default under this Agreement if:
