Default by the District. In the event the District is in default under this Contract, the Contractor shall first provide written notice to the District of said condition alleged by the Contractor to be a default, and the District shall have a reasonable period of time, not to exceed sixty days, within which to cure said default. During said period, the Contractor shall continue to provide the services to the District.
Default by the District. HASP may pursue any remedy available at law or equity to obtain water use reporting and payment of fees in the event the District fails to make timely reporting or payment of the amounts due hereunder. The Augmentation Water may be withheld and this Agreement may be terminated for failure to make timely reporting or payment of fees, and HASP shall notify the State Engineer that the District’s customers’ xxxxx are no longer covered by the HASP Augmentation Plan. In such event, the xxxxx may be subject to separate administrative and enforcement actions by the State Engineer.
Default by the District. Except as provided in Section 14.11 concerning the District ’s obligation to make repairs which affect the health or safety of the City ’s employees, licensees or invitees, if the District fails to perform any of the covenants or conditions required on its part to be performed pursuant to this Agreement, where such failure continues for a period of thirty (30) days after receipt of written notice specifying the nature and extent of such default in detail (provided, however, that if such default is of a nature that it cannot reasonably be cured within such thirty (30) day period, the District shall have such additional time as may be required to effect such cure provided the District commences the cure within such thirty (30) day period), the District shall be liable to the City for all damages sustained as a direct result of such breach. The District 's liability shall be limited to the District 's interest in the Premises.
Default by the District. The District shall not be in default unless the District fails to perform the obligations required of the District within a reasonable time, but in no event later than forty-five (45) calendar days after written notice by CCS to the District specifying wherein the District has failed to perform such obligations; provided, however, that if the nature of the District’s obligation is such that more than 45 days are required for performance, then the District shall not be in default if the District commences performance within such 45-day period and thereafter diligently prosecutes the same to completion. In the event of default by the District, CCS may pursue all remedies available bylaw. If the District’s default is creating an immediate threat to the health and safety of CCS students, CCS make take all necessary actions to protect the health and safety of its students, and deduct all reasonable costs associated therewith from the Facilities Fee.
Default by the District. The District shall not be in default unless the District fails to perform obligations required of the District within a reasonable time, but in no event later than thirty (30) calendar days after written notice by the Charter School to the District specifying wherein the District has failed to perform such obligations; provided however, that if the nature of the District’s obligation is such that more than 30 days are required for performance, then the District shall not be in default if the District commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. In the event of default by the District, the Charter School may pursue all remedies available by law.
Default by the District. In the event of a failure of the District to meet any of its obligations under this Agreement, or the failure of any of the representations, warranties or covenants described in Section 16 hereof, Xxxxxx Homes may, as its sole and exclusive remedy, exercise one of the following remedies:
Default by the District. The District shall be in default of this Transmission Agreement if, and only if, and to the extent that, it intentionally refuses to provide the Transmission Service for Output to which Alcoa is entitled under the Power Sales Agreement. For purposes of the foregoing, the District will be deemed to have intentionally refused to provide Transmission Service if and only to the extent that during any hour in which Output to which Alcoa is entitled under the Power Sales Agreement is available for delivery to Alcoa under the Power Sales Agreement; and (a) the Chelan Transmission System has the transfer capability to transmit such Output but nevertheless the District refuses to do so with full knowledge and intent that such action is inconsistent with Alcoa’s rights under this Transmission Agreement and in blatant disregard for its express obligations hereunder; or (b) the District has sold firm transmission to another person or entity with full knowledge and intent that such action is inconsistent with Alcoa’s rights under this Transmission Agreement and in blatant disregard for the District’s express obligations hereunder and such action causes the District to be unable to perform its obligations under this Transmission Agreement. Any actions taken by the District pursuant to (i) Section 3.03 or (ii) a Coordination Authority directive, action or instruction under Section 3.02 shall not be deemed to be an intentional act by the District for purposes of this Section 11.01.
Default by the District. If the District is in Default under Section 11.01, Alcoa shall be entitled, as its sole remedy, (i) to an order of specific performance, directing the District to fulfill its obligation to transmit Output under this Transmission Agreement, and (ii) upon demonstration by Alcoa that the District has sold Output to third parties during any hour in which the District is, or was, in Default, recovery of any revenues received by the District from such third-party sale. For purposes of making the demonstration required by the second clause of the foregoing sentence, the Parties acknowledge that a sale of energy by the District to a third party during any hour in which Output is not being transmitted under the Transmission Agreement does not mean, ipso facto, that the District has sold Output to such third party. The Parties hereby acknowledge and agree that equitable relief, in the form of specific performance, would be appropriate remedy for any Default by the District under this Section 12.02, upon demonstration by Alcoa of the factual grounds to substantiate such remedy.
Default by the District. An Event of Default by District under this FUA shall be deemed to have occurred if, and only if, the District fails to perform or observe any other term, covenant, or condition of this Agreement and such failure continues for a period of more than fifteen (15) days after the date District receives written notice from the School notifying District of the specific failure; provided, however, the District shall have such extended period as may be required beyond the fifteen (15) days if the nature of the cure is such that it reasonably requires more than fifteen (15) days and District commences the cure within the fifteen (15) day period and thereafter continuously and diligently pursues the same to completion. The School’s sole remedy for an Event of Default by the District shall be to terminate this Agreement.
