Common use of DETERMINATION OF BREACH Clause in Contracts

DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of this Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have twenty-one (21) days from the receipt of such notice, unless a greater time is granted, in writing, by the Issuing Authority, to: (a) Respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default and providing such information or documentation as may be necessary to support the Licensee's position; or (b) Cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such twenty-one (21) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at fourteen (14) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured. (c) In the event that the Licensee: (i) fails to respond to such notice of default; and/or (ii) fails to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period; and/or (iii) the Issuing Authority is not satisfied with (1) the Licensee’s response pursuant to Section 11.1(a) above and/or (2) the Licensee’s efforts to cure pursuant to Section 11.1(b) above, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence, question witnesses, if any, and be heard at such public hearing. (d) Within thirty (30) days after said public hearing, the Issuing Authority shall issue a written determination of its findings. In the event that the Issuing Authority determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (ii) seek specific Performance of any provision in this Renewal License which reasonably lends itself to such remedy as an alternative to damages; (iii) commence an action at law for monetary damages; (iv) foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 herein; (v) declare the Renewal License to be revoked pursuant to Section 11.3 below. (vi) invoke any other lawful remedy available to the Town;

DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions provision of this Renewal License, except as excused by Force Majeureforce majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, writing of the provision or provisions which the Issuing Authority believes may have been be in default and the details relating theretodefault. The Licensee shall have twenty-one fourteen (2114) days from the receipt of such notice, unless a greater time is granted, in writing, by the Issuing Authority, notice to: (ai) Respond respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default and providing such information or documentation as may be necessary to support the Licensee's position; or (bii) Cure to cure any such default (and provide written evidence of the same), or, in the event that that, by nature of the default, such default cannot be cured within such twenty-one fourteen (2114) day period, to take reasonable steps to cure said the default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at fourteen (14) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said the default and reporting the Licensee's progress until such default is cured. (c) . In the event that the Licensee: (i) Licensee fails to respond to such notice of default; and/or (ii) fails , or to cure the default or to take reasonable steps to cure the default within the required thirty fourteen (3014) day period; and/or (iii) the Issuing Authority is not satisfied with (1) the Licensee’s response pursuant to Section 11.1(a) above and/or (2) the Licensee’s efforts to cure pursuant to Section 11.1(b) above, the Issuing Authority or its of his designee shall promptly schedule a public hearing no sooner than fourteen twenty-one (1421) days after written notice, by certified mail, notice to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence, question witnesses, if any, and be heard at such public hearing. (d) . Within thirty (30) days after said public hearing, the Issuing Authority shall issue a determine whether or not Licensee is in default of any provision of this Renewal License as set forth in such notice. The Issuing Authority shall submit written determination findings of its findingsfact supporting such determination. In the event that the Issuing Authority after such hearing determines that the Licensee is in default of any such defaultprovision of this Renewal License, the Issuing Authority may also determine to pursue any or all of the following remedies: (ia) assess liquidated damages foreclose on all or any part of the security provided pursuant to this Renewal License, including without limitation the performance bond or the letter of credit; provided, however, the foreclosure shall be in accordance with such amount as the schedule set forth in Section 11.2 belowIssuing Authority reasonably determines is necessary to remedy the default; (ii) seek specific Performance of any provision in this Renewal License which reasonably lends itself to such remedy as an alternative to damages; (iiib) commence an action at law for monetary damages; (iv) foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 herein; (vc) declare the Renewal License to be revoked pursuant subject to Section 11.3 below14.14 above, and order Licensee to commence the removal of the Cable Television System immediately; d) seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages. (vi) invoke any other lawful remedy available to the Town;

DETERMINATION OF BREACH. (a) In the event that the Issuing Authority has reason to believe evidence that the Licensee has defaulted in the performance of any or several provisions material provision(s) of this Renewal License, except as excused by Force Majeureforce majeure or other factors beyond the reasonable control of the Licensee, or prior to institution any action under either Section 9.3 (Performance Bond) or Section 9.7 (Revocation of License), the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have twenty-one thirty (2130) days from the receipt of such notice, unless a greater time is granted, in writing, by the Issuing Authority, notice to: (a1) Respond respond to the Issuing Authority in writing, contesting the Issuing Authority's ’s assertion of default and providing such information or of documentation as may be necessary to support the Licensee's ’s position; or (b2) Cure cure any such default (and provide written evidence to the Issuing Authority of the same), or, in the event that by nature of the default, such default cannot be cured within such twenty-one thirty (2130) day period, promptly to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at fourteen (14) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured. (cb) In the event that the Licensee: (i) Licensee fails to respond to such notice of default; and/or (ii) fails default or to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period; and/or (iii) period or to diligently continue such efforts until the Issuing Authority default is not satisfied with (1) the Licensee’s response pursuant to Section 11.1(a) above and/or (2) the Licensee’s efforts to cure pursuant to Section 11.1(b) abovecured, the Issuing Authority or its designee shall promptly may schedule a public hearing no sooner than fourteen thirty (1430) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence, question witnesses, if any, and be heard at such public hearing. , including the right to present evidence in its own behalf (d) both testimonial and documentary), to pose questions to those conducting the hearing (which questioning shall not be unduly burdensome and shall be limited to no more than thirty questions), and to review documents presented in support of a claimed material breach. Within thirty (30) days after said public hearing, the Issuing Authority shall issue make a written determination of its findings. In determination, based upon evidence introduced at the event that the Issuing Authority determines that hearing, whether or not the Licensee is in such default, the Issuing Authority may determine to pursue default of any material provision of the following remedies: (i) assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (ii) seek specific Performance of any provision in this Renewal License which reasonably lends itself to such remedy as an alternative to damages; (iii) commence an action at law for monetary damages; (iv) foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 herein; (v) declare the Renewal License to be revoked pursuant to Section 11.3 belowLicense. (vi) invoke any other lawful remedy available to the Town;

DETERMINATION OF BREACH. The Issuing Authority and/or its designee(s) shall be responsible for the day to day regulation of the Cable Television System. The Issuing Authority and/or its designee(s) shall monitor and enforce the Licensee's compliance with the terms and conditions of this Renewal License. The Issuing Authority shall notify the Licensee in writing of any instance of non-compliance. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of this Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have twenty-one thirty (2130) days from the receipt of such notice, unless a greater time is granted, in writing, by the Issuing Authority, notice to: (a) Respond respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default and providing such information or documentation as may be necessary to support the Licensee's position; or (b) Cure cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such twenty-one thirty (2130) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at fourteen thirty (1430) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured. (c) In the event that the Licensee: (i) the Licensee fails to respond to such notice of default; and/or (ii) the Licensee fails to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period; and/or (iii) the Issuing Authority is not satisfied with (1) the Licensee’s 's response pursuant to Section 11.1(asubsection (a) above and/or (2) the Licensee’s 's efforts to cure pursuant to Section 11.1(bsubsection (b) above, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence, question witnesses, if any, and be heard at such public hearing. (d) Within thirty (30) days after said public hearing, the Issuing Authority shall issue a written determination of its findings. In the event that the Issuing Authority determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (ii) seek specific Performance of any provision in this Renewal License which reasonably lends itself to such remedy as an alternative to damages; (iii) commence an action at law for monetary damages; (iv) foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 herein; (v) declare the Renewal License to be revoked pursuant to Section 11.3 below. (vi) invoke any other lawful remedy available to the Town;

DETERMINATION OF BREACH. (a) In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of this Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writingwriting (Notice of Default), by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have twenty-one thirty (2130) days from the receipt of such notice, unless a greater time is granted, in writing, by the Issuing Authority, to:notice to respond. (a1) Respond Within the time period designated for response, the Licensee shall respond to the Issuing Authority in writing, contesting writing indicating that: (i) the Licensee intends to contest the Issuing Authority's assertion of default and providing such information or documentation information, documentation, and facts as may be necessary to support the Licensee's position; or or (bii) Cure the Licensee has cured any such default (and provide written evidence of the same), or, in or (iii) the event that by Licensee has begun to cure the default but due to the nature of the default, such default cannot be cured within such twenty-one thirty (2130) day period, to take reasonable period (in which case Licensee shall describe in detail the steps to cure said default already taken and diligently continue such efforts until said default is curedits proposed plan and time schedule for completely curing the violation). The Licensee shall report to the Issuing Authority, in writing, by certified mail, at fourteen forty-five (1445) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured. Correction of the violation is not complete until any damages and penalties owed, if applicable, are paid in full. (c2) In the event that the Licenseethat: (i) the Licensee contests the Notice of Default and/or (ii) fails to respond to such notice Notice of defaultDefault; and/or (iiiii) Licensee fails to cure the default or to submit a cure plan that is acceptable to the City and take reasonable steps to cure the default within the required thirty (30) day perioddefault; and/or (iii) the Issuing Authority is not satisfied with (1) the Licensee’s response pursuant to Section 11.1(a) above and/or (2) the Licensee’s efforts to cure pursuant to Section 11.1(b) above, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence, question witnesses, if any, any and be heard at such public hearing. (This process is not intended to be or mirror an administrative law hearing.) (d3) Within thirty (30) days after said public hearing, the Issuing Authority shall issue a written determination of its findings. In the event that the Issuing Authority determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedieslawful remedy available to it, including: (i) seek specific performance of any provision in the Renewal License which reasonably lends itself to such remedy as an alternative to damages; (ii) assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (ii) seek specific Performance of any provision in this Renewal License which reasonably lends itself to such remedy as an alternative to damages; (iii) commence an action at law for monetary damages; (iv) foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 herein; (v) declare the Renewal License to be revoked pursuant subject to Section 11.3 belowbelow and applicable law. (vi) invoke any other lawful remedy available to the Town;

DETERMINATION OF BREACH. In the event even that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of this Renewal License, except as excused by Force Majeureforce majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have twentyforty-one five (2145) days from the receipt of such notice, unless a greater time is granted, in writing, by the Issuing Authority, notice to: (a) Respond to the Issuing Authority in writing, contesting the Issuing Authority's ’s assertion of default and providing such information or documentation as may be necessary to support the Licensee's ’s position; or (b) Cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such twentyforty-one five (2145) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at fourteen in forty-five (1445) day intervals as to the Licensee's ’s efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's ’s progress until such default is cured. (c) In the event that that: 1) the Licensee: (i) Licensee fails to respond to such notice of default; and/or (ii2) the Licensee fails to cure the default or to take reasonable steps to cure the default within the required thirty forty-five (3045) day period; and/or (iii3) the Issuing Authority is not satisfied with (1i) the Licensee’s response pursuant to Section 11.1(asubsection (a) above and/or (2ii) the Licensee’s efforts to cure pursuant to Section 11.1(bsubsection (b) above, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence, question questions witnesses, if any, and be heard at such public hearing. (d) Within thirty forty-five (3045) days after said public hearing, the Issuing Authority shall issue a written determination of its findings. In the event that the Issuing Authority determines that the Licensee is in such default, the Issuing Authority may determine to pursue any one or more of the following remedies: (i1) assess Assess liquidated damages in accordance with the schedule schedules set forth in Section 11.2 below9.8 (Liquidated Damages) herein; (ii2) seek Seek specific Performance performance of any provision in this Renewal License which reasonably lends itself to such remedy as an alternative to damages; (iii3) commence Commence an action at law for monetary damages; (iv4) foreclose Foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 9.3 (Performance Bond) herein; (v5) declare the Declare this Renewal License to be revoked pursuant subject to Section 11.3 below.9.9 (vi6) invoke Invoke any other lawful remedy available to the Town;.