Default by the District Clause Samples

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. 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. 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, ▇▇▇▇▇▇ Homes may, as its sole and exclusive remedy, exercise one of the following remedies: (1) Rescind this Agreement whereby Escrow Agent shall return to ▇▇▇▇▇▇ Homes all documents ▇▇▇▇▇▇ Homes had deposited with Escrow Agent in connection with the es- crow, and Escrow Agent and ▇▇▇▇▇▇ Homes shall return to the District all documents the District has deposited with Escrow Agent or given to ▇▇▇▇▇▇ Homes in connection with the escrow. Upon such return of documents, the escrow and this Agreement shall be deemed null and void, and neither Party shall have any further obligation or liability to the other in connection with the escrow or under this Agreement notwithstanding all other provisions to the contrary, the District shall pay all costs of escrow; (2) Waive such default and close escrow; or (3) ▇▇▇ for specific performance.

Default by the District. If an Event of Default or an Event of Nonappropriation under the Lease occurs for any reason, or if the District terminates the Lease and fails to purchase the Association’s interest in the Facilities as provided in the Lease, the Association, or its assignee, shall have the right to possession of the Facilities for the remainder of the Site Lease term and shall have the right to sublease the same or sell its interest in this Site Lease upon whatever terms and conditions it deems prudent. In such event, the Association shall obtain the same insurance coverage with respect to the Facilities as the District is required to obtain under the Lease for the remainder of the Site Lease term and will furnish the District with evidence thereof. In the event that the Association shall receive a payment for the sale of its interest or total rental payments for subleasing that are, after the payment of the Association’s expenses in connection therewith including fees and expenses of the Trustee, in excess of the purchase price applicable at the time of termination or default plus interest thereon at the interest rate per annum borne by the Certificates (which must be an amount sufficient to pay the Principal Component, premium, if any, and Interest Component with respect to the Certificates, or to provide for the payment thereof as provided in Article XIII of the Indenture, with amounts so received to be credited first to such Interest Component and then to Principal Component), then such excess shall be paid to the District by the Association, its assigns or its sublessee.

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. 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.

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

Default by the District. If the District is in Default under

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.