Defaults - General. The following events shall constitute an Event of Default under this Agreement:
1. Subject to the extensions of time set forth in subsection F below (Enforced Delay), failure or delay by any party to perform any term or provision of this Agreement, after receiving written notice and failing to cure, as set forth in paragraph (2) below, constitutes a default under this Agreement. A party claiming a default (claimant) shall give written notice of default to the other parties, specifying the default complained of.
2. The claimant shall not institute proceedings against a party, nor be entitled to damages if the other party within fourteen (14) days from receipt of such written notice, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice or if such cure, correction or remedy by its nature cannot be effected within such thirty (30) day period, such cure, correction or remedy is diligently and continuously prosecuted until completion thereof.
3. The filing of a bankruptcy petition by the Developer.
Defaults - General. Subject to the extensions of time set forth in Section 8.07 below, failure or delay by any Party to perform any material term or provision of this Agreement, after receiving written notice thereof and failing to cure, as set forth in Section 8.02 below, constitutes an “Event of Default” under this Agreement. The Claimant will give written notice of default to the defaulting Party, specifying the nature of the default.
Defaults - General. 5.1.1 Subject to the extensions of time set forth in Section 6.4, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. The party who fails or delays must immediately commence to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence.
5.1.2 The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. Except as otherwise expressly provided in this Agreement, any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by either party in asserting any of its rights and remedies shall not deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
5.1.3 If a monetary event of default occurs, prior to exercising any remedies hereunder, the injured party shall give the party in default written notice of such default. The party in default shall have a period of seven (7) days after such notice is given within which to cure the default prior to exercise of remedies by the injured party.
5.1.4 If a non-monetary event of default occurs, prior to exercising any remedies hereunder, the injured party shall give the party in default notice of such default. If the default is reasonably capable of being cured within thirty (30) days, the party in default shall have such period to effect a cure prior to exercise of remedies by the injured party. If the default is such that it is not reasonably capable of being cured within thirty (30) days, and the party in default (i) initiates corrective action within said period, and (ii) diligently, continually, and in good faith works to effect a cure as soon as possible, then the party in default shall have such additional time as is reasonably necessary to cure the default prior to exercise of any remedies by the injured party. In no event shall the injured party be precluded from exercising remedies if its rights become or are about to become materially jeopardized by any failure to cure a default or the default is not cured within one hundred eighty (180...
Defaults - General. Subject to the extensions of ------------------ time set forth in subsection 17.3 above, failure by either party to perform any term or provision of this Lease constitutes a default under this Lease, if not cured within thirty (30) days from the date of receipt of a written notice from the other party specifying the claimed default provided that if such default cannot reasonably be cured within such thirty (30) day period, the party receiving such notice of default shall not be in default under this Lease if such party commences the cure of such default within such thirty (30) day period and thereafter diligently prosecutes the steps to cure such default to completion.
Defaults - General. Subject to the permitted extensions of time and other cure periods set forth in this Agreement and in the Project Documents, failure or delay by any party to perform any term or provision of this Agreement constitutes a Default hereunder and under Project Documents. The party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction or remedy with diligence.
Defaults - General. Subject to the extensions of time set forth in Section 602 of this Agreement, failure or delay by either Party to perform any term or provision of this Agreement constitutes a default under this Agreement. The Party who fails or delays must, following written notice of the failure, commence to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence.
Defaults - General. Subject to extensions of time as set forth in Section 6.5 hereof, the failure or delay by either party to perform any term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that in the event that a party otherwise in default commences to cure, correct or remedy said default within thirty (30) calendar days after receipt of written notice specifying said default and diligently and continuously prosecutes said cure, correction or remedy to completion (and where any time limits for the completion of said cure, correction or remedy are specifically set forth in this Agreement, then within said time limits), said party shall not be deemed to be in default hereunder. The nondefaulting party shall give written notice of default to the defaulting party, specifying the default complained of by the non-defaulting party. Any delay in giving said notice shall not constitute a waiver of any default nor shall it change the time of default. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by said party in asserting any of its rights and remedies shall not deprive either party of its right to institute and maintain any actions or proceedings which are permitted by this Agreement and which it may deem necessary to protect, assert or enforce any such rights or remedies.
Defaults - General. Except as provided in the following subsection of this section, should there be a material breach as to any obligation hereunder that does not involve payment of a fee, royalty, or other amount due to Licensor, and should the breaching party fail to put into action, within forty-five days after receiving written notice thereof from the other party, and diligently thereafter pursue, a reasonable remedy designed to diligently cure (in the reasonable judgment of the other party) such material breach or default, then this Agreement may thereupon be terminated by the other party by giving written notice of termination to the breaching party. Specifically, and without limitations to the foregoing, PAGE 12 a breach or violation of any of the covenants contained in this preceding section 28 10 shall be deemed a material breach of this Agreement.
Defaults - General a. Failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. The party who fails or delays must immediately commence to cure, correct or remedy such failure or delay and will complete such cure, correction or remedy with reasonable diligence.
b. The injured party will give written notice of default to the party in default, specifying the default complained of by the injured party. Failure or delay in giving such notice will not constitute a waiver of any default, nor will it change the time of default. Except as otherwise expressly provided in this Agreement, any failures or delays by either party in asserting any of its rights and remedies as to any default will not operate as a waiver of any default or of any such rights or remedies. Delays by either party in asserting any of its rights and remedies will not deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
c. If a monetary event of default occurs, prior to exercising any remedies hereunder, the injured party will give the party in default written notice of such default. The party in default will have a period of ten (10) days after such notice is given within which to cure the default prior to exercise of remedies by the injured party.
d. If a non-monetary event of default occurs, prior to exercising any remedies hereunder, the injured party will give the party in default notice of such default. If the default is reasonably capable of being cured within thirty (30) days, the party in default will have such period to effect a cure prior to exercise of remedies by the injured party. If the default is such that it is not reasonably capable of being cured within thirty (30) days, and the party in default (i) initiates corrective action within said period, and (ii) diligently, continually, and in good faith works to effect a cure as soon as possible, then the party in default will have such additional time as is reasonably necessary to cure the default prior to exercise of any remedies by the injured party, but in no event to exceed a period of sixty (60) days after such notice is given.
Defaults - General. Subject to the extensions of time set forth in Section 10.07 below, failure or delay by any Party to perform any material term or provision of this Agreement, after receiving written notice thereof and failing to cure, as set forth in Section 10.02 below, constitutes an “Event of Default” under this Agreement. The non-defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature of the default. The provisions of this Article are in addition to and shall not limit the City’s rights under Section 3.05 for Developer’s failure to meet the Private Development Benchmarks.
