Default for Non-Payment by HPTE Sample Clauses

Default for Non-Payment by HPTE. If HPTE fails to repay any amounts due and owing on a CDOT HPTE Backup Loan in accordance with the applicable CDOT HPTE Backup Loan Agreement, upon notice to HPTE and failure by HPTE to cure within forty-five (45) days thereof, CDOT may, at its option: (i) suspend or terminate its commitment to consider making future CDOT HPTE Backup Loans hereunder; (ii) require HPTE to engage a traffic consultant to review and analyze the operations of the Project and recommend actions regarding revising toll rates, changing the methods of operations, or any other actions to increase Toll Revenues, and in CDOT’s discretion, require HPTE to either implement such recommended actions or undertake such alternative course of action that will ensure HPTE’s ability to meet its payment obligations under the applicable CDOT HPTE Backup Loan Agreement; or (iii) take any other appropriate action available at law or in equity. Notwithstanding the foregoing, no principal or interest due on any CDOT HPTE Backup Loan shall be repaid except to the extent Toll Revenues, after the payment of all HPTE Obligations, are available for such purpose, nor shall any failure to make a principle or interest payment on any CDOT HPTE Backup Loan due solely to the insufficiency of Toll Revenues after the payment of all HPTE Obligations constitute a default or entitle CDOT to exercise remedies in respect of such CDOT HPTE Backup Loan Agreement. The exercise by CDOT of any of the remedies above shall not relieve HPTE of liability to repay any CDOT HPTE Backup Loan or for any damages sustained by CDOT by virtue of any breach of this Agreement by HPTE.
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Related to Default for Non-Payment by HPTE

  • Termination for Non-Payment We may terminate this Agreement with immediate effect by giving written notice to you if you fail to pay any amount due under this Agreement on the due date for payment and remain in default not less than thirty

  • Notification of Non-payment The Global Agent shall forthwith notify Freddie Mac by facsimile, e-mail or other rapid means of communication if it has not received the full amount for any payment due in respect of the Notes on the date such payment is due. The Global Agent shall have no liability, responsibility, duty or obligation to any Holder or beneficial owner of Notes to take any action against Issuer in the event that Issuer fails to make available funds sufficient to pay amounts due and payable and owing to any Holder on any Payment Date. The Global Agent shall give issuance instructions to DTC in accordance with DTC’s procedures.

  • Payment by Check a. If You apply for and are accepted into Company’s check paying program, Company will issue You an invoice within the first five (5) calendar days of each calendar month. Each invoice will include an invoice processing fee of twenty-five dollars ($25). Payment by check must be received by the fifteenth (15th) calendar day of each month. Acceptance into and continued participation in Company’s check paying program will be at Company’s sole discretion.

  • Suspension for Non-Payment Pilot reserves the right to suspend some or all of the service(s) it provides if Customer fails to pay its xxxx upon thirty (30) days’ written notice. Pilot does not charge service reconnection fees, and services are typically restored immediately upon receipt of payment.

  • Termination for Non-Allocation of Funds 4.17.2 Renegotiate the Contract under the revised funding conditions; or

  • Non-Payment The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation, or (ii) within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

  • Effect of Non-Payment 55.22.1 If the billed Party does not pay all undisputed charges by the Bill Due Date, the billing Party may discontinue processing orders for services provided under this Agreement and may invoke the Default provisions of Section 7.6 on or after the tenth (10th) Day following the Bill Due Date provided the billing Party notifies the other Party in writing, via email or certified mail, at least five (5) Days prior to discontinuing the processing of orders. If the billing Party continues to accept additional orders for service(s) after the date specified in such notice, and the billed Party’s non- compliance continues, nothing contained herein shall preclude the billing Party from refusing to accept any or all additional orders for service(s) from the non-complying Party without further notice. For order processing to resume, the billed Party will be required to make full payment of all past and current undisputed charges under this Agreement. Additionally, the billing Party may require a deposit or assurance of payment (or additional deposit or assurance of payment) from the billed Party, pursuant to Section 44. In addition to other remedies that may be available at law or equity, the billed Party reserves the right to seek equitable relief, including injunctive relief and specific performance.

  • Termination for Non-Appropriation of Funds Notwithstanding any other provision of this Contract, the County shall not be obligated for the Contractor’s performance hereunder or by any provision of this Contract during any of the County’s future fiscal years unless and until the County’s Board of Supervisors appropriates funds for this Contract in the County’s Budget for each such future fiscal year. In the event that funds are not appropriated for this Contract, then this Contract shall terminate as of June 30 of the last fiscal year for which funds were appropriated. The County shall notify the Contractor in writing of any such non-allocation of funds at the earliest possible date.

  • Termination for Non-Performance Should a party to this Agreement fail to materially perform in accordance with the terms and conditions of this Agreement, this Agreement may be terminated by the performing party if the performing party first provides written notice to the non-performing party which notice shall specify the non-performance, provide both a demand to cure the non-performance and reasonable time to cure the non-performance, and state a date upon which the Agreement shall be terminated if there is a failure to timely cure the non- performance. For purpose of this Section 4.4, “reasonable time” shall be not less than five (5) business days. In the event of a failure to timely cure a non- performance and upon the date of the resulting termination for non-performance, the Contractor shall prepare a final accounting and final invoice of charges for all performed but unpaid Services and authorized reimbursable expenses. Such final accounting and final invoice shall be delivered to the Town within fifteen (15) days of the date of termination; thereafter, no other invoice, xxxx, or other form of statement of charges owing to the Contractor shall be submitted to or accepted by the Town. Provided that notice of non-performance is provided in accordance with this Section 4.4, nothing in this Section 4.4 shall prevent, preclude, or limit any claim or action for default or breach of contract resulting from non-performance by a Party.

  • Payments on Early Termination For the purpose of Section 6(e) of this Agreement:

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