Defaults by Owner Sample Clauses

Defaults by Owner. Owner shall be deemed to be in breach hereunder in the event Owner shall fail to keep, observe or perform any covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Owner, and such breach shall continue for a period of thirty (30) days after written notice thereof by Manager to Owner, or if such breach cannot be cured within thirty (30) days, then such additional period as shall be reasonable provided Owner is capable of curing same and is diligently proceeding to cure such breach, provided that such breach is a failure to pay money, such cure period shall be five (5) days after written notice from Manager with no additional period thereafter.

Defaults by Owner. Owner shall be deemed to be in default hereunder in the event Owner shall fail to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Owner, and such default shall continue for a period of, in the case of any default which can be cured by the payment of a liquidated sum of money, ten (10) days and, in the case of all other defaults, thirty (30) days after notice thereof by Manager to Owner but, if such non-monetary default cannot be cured within thirty (30) days, then such additional period as shall be reasonable provided that Owner is capable of curing same and has continuously attempted to cure such default.

Defaults by Owner. Owner shall be deemed to be in default hereunder in the event Owner shall fail to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Owner, and such default shall continue for a period of, in the case of any default which can be cured by the payment of a liquidated sum of money, ten (10) days and, in the case of all other defaults, thirty (30) days after notice thereof by Manager to Owner.

Defaults by Owner. Within forty-five (45) days after the submission of OWNER's evidence, the City Council shall determine on the basis of substantial evidence, whether or not OWNER has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that OWNER has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, OWNER shall be given at least sixty (60) days to cure such non-compliance and if the actions required to cure such non-compliance take more than sixty (60) days, then CITY shall give OWNER additional time provided that OWNER is making reasonable progress towards such end. If during the cure period OWNER fails to cure such non-compliance or is not making reasonable progress towards such end, then the City Council may, at its discretion, proceed to modify or terminate this Development Agreement or establish a time schedule for compliance in accordance with the procedures set forth in Section 27 of this Development Agreement.

Defaults by Owner. Owner shall be deemed to be in default hereunder in the event Owner shall fail to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Owner, and such default shall continue for a period of five (5) Business Days after written notice thereof by Manager to Owner as to any default in payment of money, or thirty (30) days after notice thereof by Manager to Owner as to any non-monetary default, or, if such non-monetary default cannot be cured within thirty (30) days, then such additional period as shall be reasonable provided that Owner is capable of curing same and has continuously attempted to cure such default, but in no event beyond sixty (60) days after such notice (in each instance, an "Event of Default by Owner"). An Event of Default by Owner shall not be deemed to be a default by Owner under any other agreement between Owner and Manager, including but not limited to the Purchase Agreement, unless otherwise provided in such Agreement.

Defaults by Owner. (a) Rights of HUD If Owner Defaults under Agreement.

Defaults by Owner. The occurrence of any one or more of the following events shall constitute a material default and a breach of this Agreement by Owner. (a) Failure to perform any of the material obligations required of Owner to be performed, provided that such failure continues for a period of thirty (30) days after written notice thereof from Huntington to Owner, which notice shall specify the specific nature of the failure, provided, however, that if the nature of Owner's default is such that more than thirty (30) days are reasonably required for its cure, than Owner shall not be deemed to be in default if Owner commences such cure within said thirty (30) days period and thereafter diligently prosecutes such cure to completion; or (b) If accounts receivable generated by existing or former Services subscribers that are either 120 days past due or uncollectible in the reasonable opinion of Huntington exceeds (5) percent of gross receipts during any consecutive three (3) month period (normal bad debt being three (3) percent of gross receipts); or (c) Failure of the Property ownership or management to present either the Telephone Services or the Television Services in a positive manner to existing or prospective residents; or (d) Failure to remove or correct any mechanical, electrical or any other type of interference that was caused by any device installed by Owner during the term of this Agreement that would prevent or hinder Huntington in providing quality Telephone Services and/or Television Services to the Property.

Defaults by Owner a. Rights of HUD If Owner Defaults under Agreement. i. Events of Default. A default by the Owner under this Agreement shall result if: 1. The Owner has violated or failed to comply with any provision of, or obligation under, this Agreement; or 2. The Owner has asserted or demonstrated an intention not to perform some or all of its obligations under this Agreement; or 3. If the Owner has violated or failed to comply with applicable HUD regulations or other administrative requirements for the Senior Preservation Rental Assistance units; or the Owner has filed any false statement or misrepresentation with HUD in connection with the Section 202 Direct Loan prepayment request.

Defaults by Owner. Owner shall be deemed to be in default hereunder in the event Owner shall fail to keep, observe or perform any covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Owner and Owner does not cure such default within thirty (30) days after written notice thereof by Manager to Owner or, if such default cannot be cured within thirty (30) days, then within such additional period as shall be reasonably necessary to effect a cure so long as Owner commences efforts to cure within the original 30-day period and thereafter diligently pursues the cure. Owner also shall be deemed to be in default hereunder in the event (i) Owner shall fail to pay any amount due Manager hereunder and Owner does not cure such default within seven (7) days after receipt by Owner of written notice of such default, or (ii) Owner shall fail to timely provide funds for operation of the Project as required by Section 6.03.

Defaults by Owner