Failure to Provide Certificate of Continuation; Other Default Sample Clauses

Failure to Provide Certificate of Continuation; Other Default. If the Developer fails to provide the Certificate of Continuation when and as provided for in Section 1.4(c), or if either Party fails to observe or perform any other material condition or provision of this Agreement, and the failure remained 60 days after the other Party provided written notice to the failing Party (the “Cure Period”), then the failing party is in “Default.” If the County declares a Default under this Section 1.4, County shall have the right to: (a) seek any equitable or injunctive relief available under applicable law; (b) pay any premium necessary to continue the Restoration Security, in which case Developer shall reimburse County on demand for the amount of such premium; (c) draw on the Restoration Security and deposit the drawn funds in a bank account and, at the County’s sole discretion, apply such funds to the decommissioning of the Towers and Supporting Facilities; (d) seek all remedies at law; and (e) if the Default is failure to maintain the required Restoration Security in effect at all times, then County may also immediately require the Developer to cease operations for the entire Wind Project until the required Restoration Security is in effect and the County may seek an immediate injunction to cause the Wind Project to cease operations (including without limitation cessation of Developer’s rights pursuant to the Road Use Agreement and invoking County’s remedies pursuant to Road Use Agreement Section 10.B.), and the Developer consents to the jurisdiction of Republic County for such action. Notwithstanding the foregoing: (x) the parties intend that this Section 1.4 does not limit or modify County’s rights pursuant to Section 2.1 to access or use the Restoration Security before it might expire or cease to be available (including without limitation that no notice or Cure Period or Default declaration terms apply to Section 2.1); (y) termination of this Agreement is a remedy only available to County, not to Developer; (z) any payment not paid when due, accrues interest from the date due at the rate of the lower of the maximum interest rate allowed by applicable law or 15% per annum, with said interest is due at the time the payment is actually made for the payment to be considered paid in full. If either Party hereto commences any action against any other party hereto with respect to the enforcement or interpretation of this Agreement, then the prevailing party in such action shall be entitled to an award of its costs of litigatio...
Sample 1
AutoNDA by SimpleDocs

Related to Failure to Provide Certificate of Continuation; Other Default

  • Failure to Provide Notice A failure to give timely Notice or to include any specified information in any Notice as provided in this Section 15.3 will not affect the rights or obligations of any Party hereunder except and only to the extent that, as a result of such failure, any Party which was entitled to receive such Notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise materially damaged as a direct result of such failure and, provided further, the Indemnitor is not obligated to indemnify the Indemnitee for the increased amount of any Indemnifiable Loss which would otherwise have been payable to the extent that the increase resulted from the failure to deliver timely a Notice of Claim.

  • Termination for failure to pay If Company fails to make any payment due hereunder, Hospital shall have the right to terminate this Agreement upon [* * *] business days written notice, unless Company makes such payments plus any interest due, as set forth in Section 4.7, within said [* * *] day notice period. If payments are not made, Hospital may immediately terminate this Agreement at the end of said [* * *] day period. Company shall be entitled to only [* * *] such cure periods in a calendar year; for a [* * *] failure to make payment on time, Hospital shall have the right to terminate this Agreement immediately upon written notice.

  • Termination for Concessionaire Default 37.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Concessionaire fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Concessionaire shall be deemed to be in default of this Agreement (the “Concessionaire Default”), unless the default has occurred solely as a result of any breach of this Agreement by the Authority or due to Force Majeure. The defaults referred to herein shall include:

  • Failure to Provide Notice of Expiry If the HSP fails to provide the required 6 months’ Notice that it intends to allow this Agreement to expire, or fails to provide a Transition Plan along with any such Notice, this Agreement shall automatically be extended and the HSP will continue to provide the Services under this Agreement for so long as the Funder may reasonably require to enable all clients of the HSP to transition to new service providers.

  • Termination due to Event of Default (a) Termination due to Parties Event of Default

  • Doctor's Certificate of Inability to Work The Employer may require an employee who is unable to work because of illness or injury to provide a statement from:

  • Notice of Event of Default If the Mortgagee shall have Actual Knowledge of an Event of Default or of a Default arising from a failure to pay Rent, the Mortgagee shall give prompt written notice thereof to the Owner Trustee, the Owner Participant, Lessee, and each Note Holder. Subject to the terms of Sections 2.13, 4.03, 4.04, 4.08, 5.02 and 5.03 hereof, the Mortgagee shall take such action, or refrain from taking such action, with respect to such Event of Default or Default (including with respect to the exercise of any rights or remedies hereunder) as the Mortgagee shall be instructed in writing by a Majority in Interest of Note Holders. Subject to the provisions of Section 5.03, if the Mortgagee shall not have received instructions as above provided within 20 days after mailing notice of such Event of Default to the Note Holders, the Mortgagee may, subject to instructions thereafter received pursuant to the preceding provisions of this Section 5.01, take such action, or refrain from taking such action, but shall be under no duty to take or refrain from taking any action, with respect to such Event of Default or Default as it shall determine advisable in the best interests of the Note Holders; PROVIDED, HOWEVER, that the Mortgagee may not sell the Aircraft or any Engine without the consent of a Majority in Interest of Note Holders. For all purposes of this Trust Indenture, in the absence of Actual Knowledge on the part of the Mortgagee, the Owner Trustee or the Owner Participant, the Mortgagee, the Owner Trustee or the Owner Participant, as the case may be, shall not be deemed to have knowledge of a Default or an Event of Default (except, in the case of the Mortgagee, the failure of Lessee to pay any installment of Basic Rent within one Business Day after the same shall become due, if any portion of such installment was then required to be paid to the Mortgagee, which failure shall constitute knowledge of a Default) unless notified in writing by Lessee, the Owner Trustee, the Owner Participant or one or more Note Holders.

  • Termination for Default; Remedies 8.2.1 Each of the following shall constitute an immediate event of default (“Event of Default”) under this Agreement:

  • Default Notice As soon as possible and in any event within two days after the occurrence of each Default or any event, development or occurrence reasonably likely to have a Material Adverse Effect continuing on the date of such statement, a statement of the chief financial officer of the Borrower setting forth details of such Default and the action that the Borrower has taken and proposes to take with respect thereto.

  • Termination of Default An Event of Default shall be deemed to have been terminated upon the earliest to occur of:

Time is Money Join Law Insider Premium to draft better contracts faster.