Failure to Cure Default. (i) If the GOB fails to cure or is unable or unwilling to cure a BPDB Event of Default within the cure periods provided to BPDB under this Agreement, the Company shall have all its rights and remedies with respect to such default as set forth in this Agreement.
(ii) Provided, that if the GOB is diligently attempting to cure such default, other than a payment default of BPDB, and demonstrable progress toward effecting such cure is being made, the GOB shall be granted an additional period not exceeding ninety (90) Days to effect such cure before the Company may exercise its rights and remedies with respect to such default set forth in this Agreement.
Failure to Cure Default. If the GOB fails to cure or is unable or unwilling to cure a BPDB Event of Default, within the cure periods provided to BPDB, as the case may be, under this Agreement, the Power Purchase Agreement, the Company shall have all of its rights and remedies with respect to such default as set forth in this Agreement, the Power Purchase Agreement, provided, that if the GOB is diligently attempting to cure any default other than a payment default of BPDB, as the case may be, and demonstrable progress toward affecting such cure is being made, the GOB shall be granted an additional period not exceeding 90 (ninety) Days to effect such cure before the Company may exercise its rights and remedies with respect to such default set forth in this Agreement and the Power Purchase Agreement.
Failure to Cure Default. If the GOB fails to cure or is unable or unwilling to cure a BPDB Event of Default, as the case may be, within the cure periods provided to BPDB, as the case may be, under this Agreement, the Power Purchase Agreement, respectively, the Company shall have all of its rights and remedies with respect to such default as set forth in this Agreement, the Power Purchase Agreement, as the case may be, provided, that if the GOB is diligently attempting to cure any default other than a payment default of BPDB, as the case may be, and demonstrable progress toward affecting such cure is being made, the GOB shall be granted an additional period not exceeding ninety (90) Days to effect such cure before the Company may exercise its rights and remedies with respect to such default set forth in this Agreement and the Power Purchase Agreement, as the case may be.
Failure to Cure Default. If a Participant shall fail to cure a default within the fiteen (15) day period provided in Section 3.05, IID shall promptly notify the Manager in writing of such failure. The Participants or any of them shall be entitled to cause the amount in default to be paid, in which case IID shall be obligated to continue the acquisition and construction of the Project as provided in this Agreement. Notwithstanding the foregoing, IID and each of the Participants shall have the right to obtain any remedy available at law or in equity in consequence of the default of IID or any Participant under this Agreement, including damages or specific performance where appropriate. Subject to Section 3.10, a Participant in default hereunder shall be liable for all unpaid amounts included in individual cash calls issued to such Participant as well as all amounts which would have been included in individual cash calls issued to such Participant pursuant to Section 3.02 if such default had not occurred.
Failure to Cure Default. (i) If the Government fails to cure or is unable or unwilling to cure a BPDB Event of Default within the cure periods provided to BPDB under this Agreement, the Company shall have all its rights and remedies with respect to such default as set forth in this Agreement.
(ii) Provided, that if the Government is diligently attempting to cure such default, other than a payment default of BPDB, and demonstrable progress toward effecting such cure is being made, the Government shall be granted an additional period not exceeding thirty (30) Days to effect such cure before the Company may exercise its rights and remedies with respect to such default set forth in this Agreement.
Failure to Cure Default. If Developer does not cure the default within the required period or such longer period as may be necessary if the default may not reasonably be cured within the required period, provided Developer pursues the cure with reasonable diligence, then County may avail themselves of any remedy afforded it by law and any of the above cumulative, non-exclusive remedies; provided, however, that if Developer fails to comply with any obligation of the Development Agreement and County Engineer reasonably determines that such failure has caused or is causing an immediate danger to public health and safety, County may, in its reasonable discretion, immediately and without prior notice to Developer, avail itself of any remedy afforded it by law and any of the above cumulative, non-exclusive remedies. County will make reasonable efforts to notify Developer prior to drawing on the security, but the failure to provide such notice shall not invalidate County actions.
Failure to Cure Default. (i) If the GOB fails to cure or is unable or unwilling to cure a NCC Event of Default within the cure periods provided to BPDB under this Land Use Agreement, the Company shall have all its rights and remedies with respect to such default as set forth in this Land Use Agreement:
(ii) Provided, that if the GOB is diligently attempting to cure such default, other than a payment default of NCC, and demonstrable progress toward effecting such cure is being made, the GOB shall be granted an additional period not exceeding ninety (90) Days to effect such cure before the Company may exercise its rights and remedies with respect to such default set forth in this Land Use Agreement.
Failure to Cure Default. If an Event of Default shall occur, the non- defaulting Party, at any time after the periods set forth in Section 3.1 and provided the defaulting Party has failed to cure such Event of Default within such applicable period, shall have the following rights and remedies, which are cumulative and in addition to any and all other remedies, in law or in equity that the non-defaulting Party may have against the defaulting Party:
(a) to xxx the defaulting Party for all damages, costs and expenses arising from the Event of Default and to recover all such damages, costs and expenses, including reasonable attorneys’ fees at both trial and appellate levels; or
(b) to restrain, by injunction, the commission of or attempt or threatened commission of an Event of Default and to obtain a decree specifically compelling performance of any such term or provision of this Agreement; or
(c) to terminate any and all obligations that the non-defaulting Party may have under this Agreement, in which event the non-defaulting Party shall be released and relieved from any and all liability under this Agreement.
Failure to Cure Default. If the defaulting Party fails to cure a default within the cure period established in the notice given pursuant to Section 30.2, as such period is extended pursuant to Section 30.2, with respect to the applicable Event of Default, Owner may terminate this Agreement with respect to such defaulting Party, without prejudice to any other right or remedy that may be available to it under this Agreement, at law or in equity. In addition, Owner may, without prejudice to any other available rights or remedies, as deemed appropriate in Owner's sole discretion:
30.3.1 take possession of the Site and all materials to be incorporated into the Work;accept assignment of CM/GC's or Architect’s subcontracts; andfinish the Work of CM/GC or the Services of Architect by whatever reasonable method Owner may deem expedient.
Failure to Cure Default. If Xxxxx fails to cure the Event of Default in accordance with Paragraph 24, Buyer will be in default of this Agreement (“Default”). Upon Default, the Seller may, in its sole discretion, institute any and all proceedings permitted by law or equity against Buyer or any successor, or as otherwise permitted under this Agreement.
