Default by the Owner Sample Clauses
Default by the Owner. If the Owner fails to perform their obligations under this Building Contract or if the Owner becomes bankrupt or goes into liquidation (other than for the purpose of amalgamation or reconstruction) or has a receiver or statutory manager appointed, then the RMB, without prejudice to its other remedies, may exercise all or any of the following remedies: a cancel the Building Contract; b suspend the carrying out of the Works until that default has been remedied; or c whether the Works have been suspended or not, take action in any Court or other legal forum of competent jurisdiction.
Default by the Owner. The following events shall be deemed to be events of default by the Owner under this Agreement:
8.2.1 The Owner shall fail to provide sufficient funds in the Operating Account to pay all of the current expenses, fees, bills or other charges in connection with the Hotel, as required by Paragraph 3.9 hereof, within 20 business days after receiving written request therefor by the Manager;
8.2.2 The Owner shall fail to comply in any material respect with any other term, provision or covenant of this Agreement to be complied with or performed by the Owner, and shall not cure such failure within 30 days after written notice thereof from the Manager to the Owner, or, if such failure is not susceptible of being cured within said 30-day period, if the Owner shall fail to commence to cure such failure within said 30-day period, or, having commenced, shall thereafter fail to complete the curing of such failure with reasonable diligence; or
8.2.3 If the Owner shall arbitrarily withhold approval of budgetary expenditures proposed by the Manager for repairs and replacements and refurbishing of and to the Hotel necessary, in the good faith reasonable judgment of the Manager, to maintain and operate the Hotel as a first-class type hotel.
Default by the Owner. 34 If the Owner defaults in the observance or performance of any of the Owner’s obligations under the Contract or if the Owner is for any reason otherwise unable to observe or perform, then the Registered Master Builder, without prejudice to its other remedies, may exercise all or any of the following remedies:
Default by the Owner a) In the event that the Municipality claims that the Owner is in default in the observance and performance of any of the terms, covenants or conditions of this Agreement, the Municipality may give the Owner Thirty (30) days notice in writing of such claimed default and require the Owner to rectify same within the said period of Thirty (30) days.
b) Without limiting in any way the rights and remedies available to the Municipality pursuant to this Agreement, statute, or otherwise, upon a failure by the Owner to rectify a default, the Municipality shall have the option, but not any obligation, to perform the Owner’s obligations in default without further notice and at the Owner’s sole cost and expense. The Owner shall reimburse the Municipality for all such costs incurred by the Municipality immediately upon demand.
c) Notwithstanding the foregoing, in the event that the Municipality, in its discretion, considers a situation to be an emergency it may undertake or cause to be done any immediate work in Service Connection with the construction, installation or repair of the Service Connection. The Owner shall reimburse the Municipality for all such costs incurred by the Municipality immediately upon demand.
Default by the Owner. 4.1 If the Officer considers that a breach or non-observance or non-performance of any of the provisions of this Agreement has occurred on the part of the Owner, the Council may serve a Default Notice on the Owner and any Relevant Chargee stipulating the breach and the Default Period.
4.2 If the Owner and the Relevant Chargee fail to comply with the Default Notice within the Default Period the Council shall be entitled to (1) call upon the Bond (if available and in so far as the same is sufficient in respect of the breach, non-observance or non-performance in question) and / or (2) do such other things as may be required to remedy such breach non- observance or non-performance in the opinion of the Officer and charge the cost thereof to the Owner and (3) (subject to the Council having first exercised its rights under (1) and (2)) terminate this Agreement.
4.3 Notwithstanding the provisions of this clause 4 and without prejudice to the generality of the same, if the Officer considers that a breach or non-observance or non-performance of any of the provisions of this Agreement has occurred on the part of the Owner which gives rise to an emergency situation and / or otherwise adversely affects public safety (the decision of the Officer in this respect being final) the Council shall be entitled to (1) call upon the Bond (if available and in so far as the same is sufficient to remedy the breach, non-observance or non-performance in question) and / or (2) do such things as may be required to remedy such breach non-observance or non-performance and charge the cost thereof to the Owner and (3) (provided the Council shall first have exercised its rights under (1) and (2)) terminate this Agreement without, in the case of (1) or (2), first having to serve a Default Notice on the Owner or any Relevant Chargee.
4.4 The costs and expenses of serving a Default Notice and / or of carrying out any works and / or of doing all such things as may be done by the Council to remedy any breach, non- observance or non-performance (1) in the event of failure to comply with the Default Notice within the Default Period or (2) pursuant to the provisions of the preceding clause, shall be payable to the Council by the Owner forthwith on demand.
Default by the Owner. If the Owner fails to make payment for work properly done by the Contractor as provided for in this agreement and the Contractor issues a notice in writing to the Owner and the Owner fails to pay within (number) days then the Contractor may, without prejudice to any other rights he may have, cancel the contract, stop work and clear the site. The Contractor shall thereupon be entitled to payment in full for the work performed and materials supplied up to the date of cancellation of the agreement.
Default by the Owner. Where the Trust believes the Owner has breached or failed to comply with any term of this Covenant relating to the Land, the Trust may issue a notice in writing to the Owner (“Notice”) that:
Default by the Owner. Owner shall in no event be in default in the performance of any of its obligations under the Lease unless and until the Owner has failed to perform such obligations within sixty (60) days after receipt of notice of such default, or such additional time as is reasonably required to correct any default, after notice by the Lessee to the Owner properly specifying the Owner’s failure to perform any such obligation. ARTICLE XII ARBITRATION
Default by the Owner. The Owner will be in default under this Agreement if the Owner:
(a) fails to pay any amount which the Owner is liable to pay to RB hereunder at the time any such amount is due and payable hereunder; or
(b) fails to perform its duties in a reasonably prudent, diligent and efficient manner and does not cure such failure to perform within fifteen (15) days of notice from RB specifying the nature of the alleged failure to perform (or, if such default is capable of being cured but not within such fifteen (15) day period and the Owner has promptly commenced taking action to cure such default within such fifteen (15) day period and diligently and in good faith continues taking such action, an additional period of forty five (45) days).