Failure of Other Obligations. Failure to perform any of the obligations set forth in this Agreement not specifically stated above and not corrected or proceeding in good faith to correct within 24 hours upon notification by CITY. $150/ for each obligation per day until obligation is performed 11. Repeated Failure. Repeated failure to perform any required activity, obligation, or service described herein. $50/ occurrence, in addition to any other applicable Liquidated Damage amounts 1325 1326 * Quarterly reports shall be considered late until such time as a correct and complete 1327 quarterly report is received by CITY. For each calendar day a report is late, the daily 1328 Liquidated Damage shall be as indicated in the quarterly reports section above. EXHIBIT A
Failure of Other Obligations. The failure of the Defaulting Party to comply with its other material obligations under a Confirmation or this Base Contract (except to the extent constituting a separate Event of Default hereunder and except for (a) such Party’s obligations to deliver or receive Coal, under circumstances where the remedies provided for in Section 4.6 are applicable, and (b) Seller’s failure to supply Coal that conforms to the Specifications requirement of Section 5.1, for which price adjustment under Section 6.1, or the remedies in Section 6.2, are Buyer’s exclusive remedy), where such failure continues uncured for twenty (20) Business Days after written notice thereof; provided, that if it shall be impracticable or impossible to cure such failure within such twenty (20) Business Day period, the cure period shall be extended for an additional period (not to exceed twenty (20) days) reasonably necessary to remedy such failure subject to the condition that during the additional period the Defaulting Party shall be diligently pursuing a cure for the failure.
Failure of Other Obligations. The failure of the Defaulting Party to comply with its material obligations under a Transaction or this Master Agreement (except to the extent constituting a separate Event of Default and except for such Party’s obligations to deliver or receive Coal, the exclusive remedies for which are provided for in Article 3.8), and such failure continues uncured for ten (10) Business Days after written notice thereof, provided that if it is impracticable or impossible to remedy such failure within such period, the time to cure shall be extended for an additional period reasonably necessary to remedy such failure, not to exceed sixty (60) days so long as the Defaulting Party is diligently pursuing a remedy for the failure.
Failure of Other Obligations. Failure to perform any of the obligations set forth in this Agreement not specifically stated above and not corrected or proceeding in good faith to correct within 24 hours upon 24 hour notification by County. $150/ for each obligation per day until obligation is performed
Failure of Other Obligations. Failure to perform any of the obligations set forth in this Agreement not specifically stated $150/ for each obligation per day above and not corrected or proceeding in good faith to correct within 24 hours upon 24 hour notification by CITY: until obligation is performed In placing Designee’s initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of Liquidated Damage provisions of the time that the Agreement was made. CONTRACTOR CITY Initial Here: Initial Here: Exhibit 5 Guaranty Agreement City of Albany THIS GUARANTY (the “Guaranty) is given as of the day of , 2011. THIS GUARANTY is made with reference to the following facts and circumstances:
