Common use of Notice and Cure; Remedies Clause in Contracts

Notice and Cure; Remedies. Upon the happening of an event described in Section 11.3(a), the Developer shall first notify the City in writing of its purported breach or failure. The City shall have thirty (30) days from receipt of such notice to cure such breach or failure; provided, however, that if such breach or failure cannot reasonably be cured within such thirty (30) day period and the City has commenced the cure within such thirty (30) day period and thereafter is diligently working in good faith to complete such cure, the City shall have such longer period of time as may reasonably be necessary to cure the breach or failure, provided, however, in any event the breach or failure must be cured within one hundred twenty (120) days. Notwithstanding anything to the contrary herein, if the City and the Developer are in good faith disputing whether the City has caused a breach or failure of performance of this Agreement, then the City shall not be deemed to have caused such breach or failure of performance until the City has been determined by a court of competent jurisdiction to have caused a breach or failure under this Agreement. If the City does not cure within the applicable cure period set forth above, then the event shall constitute a City Event of Default and the Developer shall be afforded all of the following rights and remedies: (A) prosecute an action for damages against the City; (B) seek specific performance of this Agreement against the City; and/or (C) exercise any other remedy against the City permitted by law or under the terms of this Agreement.

Notice and Cure; Remedies. Upon the happening of an any event described in Section 11.3(a11.4(a), the Developer City shall first notify the City Developer in writing of its purported breach or failure. The City Developer shall have thirty (30) days from receipt of such notice to cure such breach or failure; provided, however, that if such breach or failure cannot reasonably be cured within such thirty (30) day period and the City Developer has commenced the cure within such thirty (30) day period and thereafter is diligently working in good faith to complete such cure, the City shall have such longer period of time as may reasonably be necessary to cure the breach or failure, provided, provided however, in any event the breach or failure must be cured within one hundred twenty (120) days. Notwithstanding the above cure period, a default described in paragraph (5) (6) or (7) of Section 11.4(a) shall constitute a Developer Event of Default immediately upon its occurrence without need for notice and without opportunity to cure. Notwithstanding anything to the contrary herein, if the City and the Developer are in good faith disputing whether the City Developer has caused a breach or failure of performance of this Agreement, then the City Developer shall not be deemed to have caused such breach or failure of performance until the City Developer has been determined by a court of competent jurisdiction to have caused a breach or failure under this Agreement. If the City Developer does not cure within the applicable cure period set forth above, then the event shall constitute a City Developer Event of Default and the Developer City shall be afforded all of the following rights and remedies: (A) prosecute an action for damages against the City; (B) seek specific performance of this Agreement against the City; and/or (C) exercise any other remedy against the City permitted by law or under the terms of this Agreement.Developer;

Notice and Cure; Remedies. Upon the happening of an event described in Section 11.3(a14.3(a), the Developer or Developer Affiliate shall first notify the City in writing of its purported breach or failure. The City shall have thirty (30) days from receipt of such notice to cure such breach or failure; provided, however, that if such breach or failure cannot reasonably be cured within such thirty (30) day period and the City has commenced the cure within such thirty (30) day period and thereafter is diligently working in good faith to complete such cure, the City shall have such longer period of time as may reasonably be necessary to cure the breach or failure, provided, however, in any event the breach or failure must be cured within one hundred twenty (120) days. Notwithstanding anything to the contrary herein, if the City and the Developer are in good faith disputing whether the City has caused a breach or failure of performance of this Agreement, then the City shall not be deemed to have caused such breach or failure of performance until the City has been determined by a court of competent jurisdiction to have caused a breach or failure under this Agreement. If the City does not cure within the applicable cure period set forth above, then the event shall constitute a City Event of Default Default, and the Developer shall be afforded all of entitled to the following rights and remedies: (A) prosecute an action for damages against the City; (B) seek specific performance of this Agreement against the City; and/or (C) exercise any other remedy against the City permitted by law or under the terms of this Agreement.: