Failure to Comply. 8.2.1 If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer 30 days written notice of the failure or default, then in each such case:
(a) The Municipality shall be entitled to apply to any court of competent jurisdiction for injunctive relief including an order prohibiting the Developer from continuing such default and the Developer hereby submits to the jurisdiction of such Court and waives any defence based upon the allegation that damages would be an adequate remedy;
(b) The Municipality may enter onto the Lands and perform any of the covenants contained in this Agreement or take such remedial action as is considered necessary to correct a breach of the Agreement, whereupon all reasonable expenses whether arising out of the entry onto the Lands or from the performance of the covenants or remedial action, shall be a first lien on the Lands and be shown on any tax certificate issued under the Assessment Act;
(c) The Municipality may by resolution discharge this Agreement whereupon this Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Land Use By-law; or
(d) In addition to the above remedies, the Municipality reserves the right to pursue any other remedy under the Halifax Regional Municipality Charter or Common Law in order to ensure compliance with this Agreement.
Failure to Comply. If SUBRECIPIENT fails to comply with the requirements of any Sub- Paragraphs of this Paragraph 29, Administrator may withhold payment to SUBRECIPIENT and/or terminate this CONTRACT in accordance with Paragraph K.
Failure to Comply. If Respondent fails to comply with items specified in Section C (5)(a) through (f) of the Agreement, Respondent shall pay a stipulated penalty of $500 per month for every month during which the noncompliance continues, except that the RIDEM may, for good cause shown, defer or reduce such penalty. The payment of a penalty in accordance with this section shall not preclude the RIDEM from seeking any other appropriate remedy (e.g., injunctive relief in Superior Court).
Failure to Comply. Failure by CONTRACTOR to meet the conditions necessary for an evaluation will be sufficient grounds for COUNTY to withhold and/or delay reimbursement or to terminate this CONTRACT.
Failure to Comply. Failure by Subrecipient to meet the conditions necessary for an evaluation will be sufficient grounds for County to withhold and/or delay reimbursement or to terminate this Contract.
Failure to Comply. 6.2.1 If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer thirty (30) days written notice of the failure or default, then in each such case:
a. The Municipality shall be entitled to apply to any court of competent jurisdiction for injunctive relief including an order prohibiting the Developer from continuing such default and the Developer hereby submits to the jurisdiction of such Court and waives any defense based upon the allegation that damages would be an adequate remedy;
b. The Municipality may enter onto the Lands and perform any of the covenants contained in this Agreement or take such remedial action as is considered necessary to correct a breach of the Agreement, whereupon all reasonable expenses whether arising out of the entry onto the Lands or from the performance of the covenants or remedial action, shall be a first lien on the Lands and be shown on any tax certificate issued under the Assessment Act;
c. The Municipality may by resolution discharge this Agreement whereupon this Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Land Use By law; or
d. In addition to the above remedies, the Municipality reserves the right to pursue any other remedy under the Halifax Regional Municipality Charter or Common Law in order to ensure compliance with this Agreement SIGNED, SEALED AND DELIVERED in thepresence of: Witness SIGNED, DELIVERED AND ATTESTED to by theproper signing officers of Halifax Regional Municipality, duly authorized in that behalf, in the presence of: (Insert Registered Owner Name) Per:_ HALIFAX REGIONAL MUNICIPALITY Per:_ Witness Witness MAYOR Per:_ MUNICIPAL CLERK <-1 a.m• Subject Lands lands of Melmik Holdings Limited P.1.0. Ho. 4081311$ 4001.)107 SSHEOULE B • Area of Development Old Post Xxxx Enfield, Holifox County, Ho¥a Seotio tklW Odowll.201' • • l •llOOfHl Within the Plan Area, ten (10) percent of the housing stock are mobile dwellings which are mainly located on residential lots rather than in mobile home parks. There are no existing mobile home parks within the Plan Area. However, mobile home parks have the potential to form an important component of the housing stock in the area provided that there is an adequate living environment for park residents and that the mobile home park makes a positive contribution to community development. Certain aspects of mobile home park deve...
Failure to Comply. Upon failure to comply with any of these insurance requirements, this Agreement may be forthwith declared suspended or terminated. Failure to obtain and/or maintain any required insurance shall not relieve any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the indemnification obligations.
Failure to Comply. If Contractor fails to comply with the requirements of any Sections of this Paragraph 57, Administrator may withhold payment to Contractor and/or terminate this Contract in accordance with Paragraph K.
Failure to Comply. A. In the event that Lessor fails to comply with any term or provision of this Lease after written notice, Lessee reserves the option to:
i. setoff and deduct from the rental amount due Lessor under this Lease such sums as Lessee determines are required to remedy the default of Lessor; and/or
ii. fulfill Lessor’s obligations under the terms of this Lease; whereby Lessor shall reimburse Lessee on demand for any reasonable expenses which Lessee may incur in thus effecting compliance with Lessor's obligation under this Lease. Should Lessee elect this option, Lessee shall use its best efforts to mitigate damages caused thereby; and/or
iii. terminate this Lease and vacate the Premises, but without prejudice to any remedy which might otherwise be used by Lessee for any breach of Lessor's covenants contained herein; and/or
iv. bring suit for damages against Lessor for any expense (including reasonable attorney's fees) Lessee may incur by Xxxxxx’s failure to comply with any term or provision of the Lease. However, Xxxxxx shall not bring suit for damages incurred due to a delay in the Commencement Date of this Lease if any such delay is caused solely by any delay, default or omission of Lessee.
B. Lessee is required to give Lessor written notice setting forth in reasonable detail the nature and extent of such failure and Lessor will be given thirty (30) days to cure such failure. If such failure cannot reasonably be completely cured within that thirty (30) day period, the length of such period shall be extended for the period reasonably required thereof, only if Lessor commences curing such failure within such thirty (30) day period and continues the curing thereof with reasonable diligence and continuity.
C. Reason for setoff of amounts due under this Lease shall include, but are not limited to, remedying heating and air conditioning equipment and roofing deficiencies.
D. Each occasion of setoff of rental amounts due under this Lease shall be contingent upon the prior approval of Xxxxxx's legal counsel.
Failure to Comply. In the event that the Respondents fail to comply with items specified in Section C(5)(a), C(5)(b), C(5)(c) and C(5)(d) of the Agreement, the Respondents shall pay a stipulated penalty of Five Hundred Dollars ($500.00) per month for each and every month during which the noncompliance continues, except that the RIDEM may, for good cause shown, defer or reduce such penalty. The payment of a penalty in accordance with this section shall not preclude the RIDEM from seeking any other appropriate remedy (e.g., injunctive relief in Superior Court).
