Common use of Defaults - General Clause in Contracts

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.

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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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.

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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 F. below (Enforced Delay), failure or delay by any party Party to perform any term or provision of this Agreement, after receiving written notice and failing to cure, as set forth in paragraph (2) 2 below, constitutes a default under this Agreement. A party Party claiming a default (claimant) shall give written notice of default to the other partiesParty, specifying the default complained of. 2. The claimant shall not institute proceedings against a partyParty, nor be entitled to damages if the other party 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.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

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. 2. The filing of a bankruptcy petition by the Developer.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

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 either party to perform any term or provision of this Agreement, after receiving written notice and failing to cure, as set forth in paragraph (2b) below, constitutes a default under this Agreement. A party claiming a default (claimant) shall give written notice of default to the other partiesparty, specifying the default complained of. 2. The claimant shall not institute proceedings proceeding against a the other 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.

Appears in 1 contract

Samples: Development Agreement

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 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 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 partyParty, nor be entitled to damages if the other party 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 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.

Appears in 1 contract

Samples: Development Agreement

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 Party to perform any term or provision of this Agreement, after receiving written notice and failing to cure, as set forth in paragraph (2) subsection A.2 below, constitutes a default under this Agreement. A party Party claiming a default (claimant) shall give written notice of default to the other partiesParty, specifying the default complained of. 2. The claimant shall not institute proceedings against a partyParty, nor be entitled to damages if the other party 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.

Appears in 1 contract

Samples: Development Agreement

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Defaults - General. The following events shall constitute an Event of Default Default” under this Agreement: 1. Subject to the extensions of time set forth in subsection Section F below (Enforced Delay)below, failure or delay by any party Party to perform any term or provision of this Agreement, after receiving written notice and failing to cure, as set forth in paragraph (2) Subsection 2 below, constitutes a default under this Agreement. A party Party claiming a default (a “claimant) shall give written notice of default to the other partiesParty, specifying the default complained of. 2. The claimant shall not institute proceedings against a partyParty, nor be entitled to damages damages, if the other party Party within fourteen sixty (1460) 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 sixty (3060) day period, such cure, correction or remedy is diligently and continuously prosecuted until completion thereof.

Appears in 1 contract

Samples: Development Agreement

Defaults - General. The following events shall constitute an Event of Default under this Agreement:Agreement:‌ 1. Subject to the extensions of time set forth in subsection F below (Enforced Delay), failure or delay by any party 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 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 partyParty, nor be entitled to damages if the other party 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 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.

Appears in 1 contract

Samples: Development Agreement

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 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 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 partyParty, nor be entitled to damages if the other party 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.thereof.‌‌‌‌

Appears in 1 contract

Samples: Development Agreement

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