District Remedies. If an Event of Default by Provider under Sections 14(A) or 14(B) has occurred and is continuing, then following the expiration of any applicable cure period, District may at its discretion: (i) suspend performance under this Agreement, (ii) seek damages or specific performance from a court of appropriate jurisdiction, and/or (iii) terminate this Agreement. In the event that District terminates this Agreement pursuant to this Section 14(D), District may elect to either (a) purchase the Solar Facility in accordance with Section 9 as of the time of the event of default as its sole and exclusive remedy (excluding any obligation of Provider to indemnify under Section 17(A); or (b) require Provider to remove the Solar Facility within one- hundred eighty (180) days at Provider’s sole cost and expense and restore the Site as required in Section 3.
District Remedies. In the event of default, and after the District has given notice and opportunity to cure where required, and if the Service Provider does not cure the default as required by the District, the District may avail itself of any remedies available to it by law and take, or elect not to take, any of the following actions, concurrently or consecutively, as the District in its sole discretion may decide:
District Remedies. If District reasonably determines in good faith that Contractor has materially breached any of its obligations under this Section, District, in its sole discretion, shall have the right to provide Contractor with a fifteen (15) day period to cure the breach, or terminate the Agreement immediately if cure is not possible. District shall provide written notice to Contractor describing the violation and the action it intends to take.
District Remedies. 9.3.1 Without prejudice to any other rights or remedies of the District, the following remedies shall be available to the District in the case of a Design/Builder event of default:
District Remedies. The Corporation’s failure to perform any of its obligations hereunder shall not be an event permitting the nonpayment of Rental Payments by the District. The parties hereto agree that the performance of the Corporation is unique, that the remedies at law for the Corporation’s nonperformance would be inadequate, and that the District shall institute a suit for specific performance by the Corporation upon any default by the Corporation.
District Remedies. In the event Grantee is in default under Section 12, District may, at its option, pursue any or all of the remedies available to it under this Grant and at law or in equity, including, but not limited to (a) termination of this Grant under Section 16, (b) reducing or withholding payment for Project activities that Grantee has failed to complete according to the Act, (c) requiring Grantee to complete, at Xxxxxxx’s expense, additional activities necessary to satisfy its obligations or meet performance standards under this Grant,
District Remedies. In the event of any Default by Tenant, after the expiration of any applicable cure period provided herein to Tenant, and subject to any rights of Lender as provided in any Permitted Encumbrance for the Property, District, besides any other rights or remedies it may have at law, in equity or otherwise, by reason of such Default or breach shall have the following rights:
District Remedies. Whenever a Default occurs and is not cured (or, if appropriate, cure undertaken) by SNHU in accordance with this Agreement, the District’s sole and exclusive remedies shall consist of and be limited to the following:
District Remedies. In the event Grantee is in default, District may, at its option, pursue any or all of the remedies available to it under this Grant and at law or in equity, including, but not limited to (a) termination of this Grant under Section 13, (b) reducing or withholding payment for Project activities that Grantee has failed to complete according to the Act, (c) requiring Grantee to complete, at Grantee’s expense, additional activities necessary to satisfy its obligations or meet performance standards under this Grant, or (d) exercise of its right of recovery of overpayments under Section 12 of this Grant or setoff, or both. These remedies are cumulative to the extent the remedies are not inconsistent, and District may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever.
District Remedies. The District reserves the right to decrease Contract Price and/or payments made under this Agreement, in an amount determined by the District in its sole discretion, if the above provision is not included in Subconsultant’s and Subcontractor’s contracts, and one or more Subconsultants and/or Subcontractors do not allow the District to audit their records to verify the accuracy and appropriateness of pricing data.
