Common use of ENFORCEMENT ALTERNATIVES Clause in Contracts

ENFORCEMENT ALTERNATIVES. In the event that the Cooperating Entity does not meet one or more of its obligations under this Agreement or the deed restrictions and covenants by which it holds title to the Premises, or in the event of dissolution of the Cooperating Entity, the DSA may exercise, in its sole discretion, any of the following remedies following written notice and thirty (30) days opportunity for the Cooperating Entity to cure the default: (a) any of the remedies or rights set forth in the Cooperating Entity’s deed to the Premises; (b) the right to require specific performance on the part of the Cooperating Entity; (c) the right to a return of the State’s share of proceeds as defined in Section H (iv); and (d) any other rights or remedies available at law or in equity including, but not limited to, the right to require that the Cooperating Entity perform remedial work and transfer title to the Premises to the DSA or a successor designated by the DSA under such terms and conditions as the court may require. In the event that the DSA exercises any of the rights available to it upon default of the Cooperating Entity, the Cooperating Entity shall reimburse the DSA for its costs of enforcement and collection, including reasonable attorney fees. In addition to the foregoing remedies, it is understood and agreed that the Project creates a public charitable trust entitled to all the protections thereof under state law.

ENFORCEMENT ALTERNATIVES. In the event that the Cooperating Entity does not meet one or more of its obligations under this Agreement or the deed restrictions and covenants by which it holds title to the PremisesConservation Easement, or in the event of dissolution of the Cooperating Entity, the DSA may exercise, in its sole discretion, any of the following remedies following written notice and thirty (30) days opportunity for the Cooperating Entity to cure the default: (a) any of the remedies or rights set forth in the Cooperating Entity’s deed to the PremisesConservation Easement; (b) the right to require specific performance on the part of the Cooperating Entity; (c) the right to a return of the State’s share of proceeds as defined in Section H (iv); and (d) any other rights or remedies available at law or in equity including, but not limited to, the right to require that the Cooperating Entity perform remedial work and transfer title to the Premises Conservation Easement to the DSA or a successor designated by the DSA under such terms and conditions as the court may require. In the event that the DSA exercises any of the rights available to it upon default of the Cooperating Entity, the Cooperating Entity shall reimburse the DSA for its costs of enforcement and collection, including reasonable attorney fees. In addition to the foregoing remedies, it is understood and agreed that the Project creates a public charitable trust entitled to all the protections thereof under state law.

ENFORCEMENT ALTERNATIVES. In the event that the Cooperating Entity does not meet one or more of its obligations under this Agreement or the deed restrictions and covenants by which it holds title to the Premises, or in the event of dissolution of the Cooperating Entity, the DSA may exercise, in its sole discretion, any of the following remedies following written notice and thirty (30) days opportunity for the Cooperating Entity to cure the default: (a) any of the remedies or rights set forth in the Cooperating Entity’s deed to the Premises; (b) the right to require specific performance on the part of the Cooperating Entity; (c) the right to a return of the State’s share of proceeds as defined in Section H (ivH(iv); and (d) any other rights or remedies available at law or in equity including, but not limited to, the right to require that the Cooperating Entity perform remedial work and transfer title to the Premises to the DSA or a successor designated by the DSA under such terms and conditions as the court may require. In the event that the DSA exercises any of the rights available to it upon default of the Cooperating Entity, the Cooperating Entity shall reimburse the DSA for its costs of enforcement and collection, including reasonable attorney attorneys’ fees. In addition to the foregoing remedies, it is understood and agreed that the Project creates a public charitable trust TRUST entitled to all the protections thereof under state law.