Common use of Non-performance; remedies Clause in Contracts

Non-performance; remedies. If any Party does not perform under this Agreement (the “Non-Performing Party”) with respect to any of that Party’s obligations under this Agreement, any other Party (the “Demanding Party”) shall be entitled to give written notice in the manner prescribed in paragraph 17 below to the Non-Performing Party, which notice shall state the nature of the non-performance claimed and make demand that such non-performance be corrected. The Non-Performing Party shall then have (i) 15 days from the date of the notice within which to correct the non- performance if it can reasonably be corrected by the payment of money, or (ii) 30 days from the date of the notice to cure the non-performance if action other than the payment of money is reasonably required, or if the non-monetary non-performance cannot reasonably be cured within 30 days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within 30 days and thereafter diligently prosecuted to completion. If any non-performance is not cured within the applicable time period set forth in this paragraph, then the Demanding Party shall be entitled to begin the mediation and arbitration proceedings set forth in this paragraph. This paragraph shall not limit any contract or other rights, remedies, or causes of action that any Party may have at law or in equity.

Non-performance; remedies. If any either Party does not perform under this Agreement (the “Non-Performing Party”) with respect to any of that Party’s obligations under this Agreement, any the other Party (the “Demanding Party”) shall be entitled to give written notice in the manner prescribed in paragraph 17 26 below to the Non-Performing Party, which notice shall state the nature of the non-performance claimed and make demand that such non-non- performance be corrected. The Non-Performing Party shall then have (i) 15 days from the date of the notice within which to correct the non- non-performance if it can reasonably be corrected cor- rected by the payment of money, or (ii) 30 days from the date of the notice to cure the non-non- performance if action other than the payment of money is reasonably required, or if the non-non- monetary non-performance cannot reasonably be cured within 30 days, then such longer period pe- riod as may be reasonably required, provided and so long as the cure is promptly commenced within 30 days and thereafter diligently prosecuted to completion. If any non-performance is not cured within the applicable time period set forth in this paragraph, then the Demanding Party shall be entitled to begin the mediation and arbitration proceedings set forth in this paragraphpar- agraph. The Parties agree that due to the size, nature and scope of the Development, and due to the fact that it may not be practical or possible to restore the property to its condition prior to Owner’s development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific per- formance will likely be appropriate for the non-performance of a covenant contained in this Agreement. This paragraph shall not limit any contract or other rights, remedies, or causes of action that any either Party may have at law or in equity.

Non-performance; remedies. If any Party does not perform under this Agreement (the “Non-Performing Party”) with respect to any of that Party’s obligations under this Agreement, any other Party (the “Demanding Party”) shall be entitled to give written notice in the manner prescribed in paragraph 17 32 below to the Non-Performing Party, which notice shall state the nature of the non-performance claimed and make demand that such non-performance be correctedcor- rected. The Non-Performing Party shall then have (i) 15 days from the date of the notice within which to correct the non- non-performance if it can reasonably be corrected by the payment of money, or (ii) 30 days from the date of the notice to cure the non-performance if action other than the payment of money is reasonably required, or if the non-monetary non-performance cannot reasonably be cured within 30 days, then such longer period as may be reasonably requiredre- quired, provided and so long as the cure is promptly commenced within 30 days and thereafter diligently prosecuted to completion. If any non-performance is not cured within the applicable time period set forth in this paragraph, then the Demanding Party shall be entitled to begin the mediation and arbitration proceedings set forth in this paragraph. The Parties agree that due to the size, nature and scope of the Subject Property and the construction of the public improve- ments discussed in this Agreement, and due to the fact that it may not be practical or possible to restore the property to its condition prior to TMR’s development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the non-per- formance of a covenant contained in this Agreement. This paragraph shall not limit any contract con- tract or other rights, remedies, or causes of action that any Party may have at law or in equity.

Non-performance; remedies. If any either Party does not perform under this Agreement (the “Non-Performing Party”) with respect to any of that Party’s obligations under this Agreement, any the other Party (the “Demanding Party”) shall be entitled to give written notice in the manner prescribed in paragraph 17 6 below to the Non-Performing Party, which notice shall state the nature of the non-performance claimed and make demand that such non-performance be corrected. The Non-Non- Performing Party shall then have (i) 15 days from the date of the notice within which to correct the non- non-performance if it can reasonably be corrected by the payment of money, or (ii) 30 days from the date of the notice to cure the non-performance if action other than the payment of money is reasonably required, or if the non-non- monetary non-performance cannot reasonably be cured within 30 days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within 30 days and thereafter diligently prosecuted to completion. If any non-performance is not cured within the applicable time period set forth in this paragraph, then the Demanding Party shall be entitled to begin the mediation and arbitration proceedings set forth in this paragraph. The Parties agree that due to the size, nature and scope of the development, and due to the fact that it may not be practical or possible to restore the property to its condition prior to Northlight’s development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the non- performance of a covenant contained in this Agreement. This paragraph shall not limit any contract or other rights, remedies, or causes of action that any either Party may have at law or in equity.