Notice and Remedies. Whenever any Event of Default described in this Agreement occurs, the City shall provide written notice to the Company describing the cause of the default and the steps that must be taken by the Company in order to cure the default. The Company shall have thirty (30) days after receipt of the notice to cure the default or to provide assurances satisfactory to City that the default will be cured as soon as reasonably possible. If the Company fails to cure the default or provide assurances, the City shall then have the right to:
(i) Pursue any action available to it, at law or in equity, in order to enforce the terms of this Agreement.
(ii) Withhold the Payments provided for under Section B.1 below.
Notice and Remedies. Subject to other provisions of this Agreement, if a party believes that the other party is in material breach of this Agreement, the party claiming breach shall give notice in writing to the offending party believed to be in breach detailing the alleged violations and requesting specific relief that is in accord with the terms and conditions of this Agreement. The party receiving the notice of violation shall respond in writing within five business days of receipt affirming or denying the alleged violation(s) and detailing how any such breach of this Agreement will be cured. If the party claiming breach is not satisfied that an alleged breach(s) of this Agreement has been cured within twenty five business days from the notice of breach hereunder, the party claiming breach shall be free to seek legal redress and take such other actions, including termination, as it sees fit, without prejudice to any rights and remedies of the non-defaulting Party and any other remedies that a Party may have under the law or this Agreement.
Notice and Remedies. Whenever any event of default described in this Agreement occurs, the City shall provide written notice to the Company describing the cause of the default and the steps that must be taken by the Company in order to cure the default. The Company shall have thirty (30) days from the mailing of the notice or from the personal delivery of the notice to cure the default or to provide assurances satisfactory to City that the default will be cured as soon as reasonably possible. If the Company fails to cure the default or provide assurances, the City shall then have the right to:
Notice and Remedies. Whenever any Event of Default described in this Agreement occurs, the City shall provide written notice to DEDC describing the cause of the default and the steps that must be taken by DEDC in order to cure the default. DEDC shall have thirty (30) days after receipt of the notice to cure the default or to provide assurances satisfactory to the City that the default will be cured as soon as reasonably possible. If DEDC fails to cure the default or provide assurances, the City shall then have the right to:
(i) Pursue any action available to it, at law or in equity, in order to enforce the terms of this Agreement.
(ii) Withhold the Payments provided for under Section B.2 below.
(iii) Terminate this Agreement.
Notice and Remedies. Whenever any Event of Default described in this Agreement occurs, the City shall provide written notice to the Developer describing the cause of the default and the steps that must be taken by the Developer in order to cure the default. The Developer shall have thirty (30) days after receipt of the notice to cure the default or to provide assurances satisfactory to the City that the default will be cured as soon as reasonably possible. If the Developer fails to cure the default or provide assurances, the City shall then have the right to:
(i) Pursue any action available to it, at law or in equity, in order to enforce the terms of this Agreement.
(ii) Withhold the Payments under Section B.2 of this Agreement, such right being additional to the right of annual appropriation as set forth in Section B.3 below.
(iii) Terminate this Agreement.
Notice and Remedies. SDTS shall notify Oncor promptly upon discovery of any unauthorized use or disclosure of Proprietary Information and shall use reasonable best efforts to cooperate with Oncor to help regain possession of such Proprietary Information and prevent its further unauthorized use or disclosure.
Notice and Remedies. 23 28.1.1 Damages:.............................................................23 28.1.2 Lease in Full Force:.................................................24 28.1.3 Right of Re-entry:...................................................24 28.1.4 Notice of Termination:...............................................24 28.1.5 Non-liability of Landlord:...........................................24 28.2
Notice and Remedies. If the rental reserved by this Lease, or other charges to be paid hereunder by Tenant, or any part thereof, are not paid when due and remain unpaid for a period of three (3) business days after notice thereof, in writing, to Tenant; or if Tenant fails to perform with diligence any other covenants or conditions to be performed by it under this Lease, within thirty (30) calendar days after receipt of written notice, from landlord, specifying the nature of such failure; or if such failure requires more than thirty (30) calendar days to correct; within such further period as is necessary, using INITIAL: LESSEE KWW LESSOR BJP ------- ------- LAZER TECH DESIGNS, LTD W3Y-TLO78 P. 25 ----------------------------------------------------------- due diligence at all times; or if Tenant vacates, or abandons, the Leased premises, Tenant shall be deemed to be in default and in breach of this Lease, and Landlord, without further notice of any kind, may at its option:
28.1.1 Damages: Terminate Tenant's right to possession of the Leased Premises because of such breach, and recover from Tenant all damages allowed by law, including, without limitation, the worth at the time of the award of the amount by which the unpaid rent, for the balance of the term after the time award exceeds the amount of such rental loss, for the same period that Tenant proves could be reasonably avoided, or;
Notice and Remedies. In the event of default under this Agreement, including without limitation, Section 7, the non-defaulting Party shall give written notice to the defaulting Party of any default, and the defaulting Party shall have the period provided in Section 7 to cure said default. Should said default remain uncured as of the last day of the applicable cure period and the non-defaulting Party is not otherwise in default, the non- defaulting Party shall have the right to immediately terminate this Agreement. In the event the City terminates this Agreement as a result of the foregoing, it will have no further obligation to make any remaining Program Grant Payment. Additionally, the Company will owe the City repayment of the previous Program Grant Payments made to the Company, plus interest at the rate of the prime rate per annum. The Company shall pay such funds to the City within sixty (60) days of termination.
Notice and Remedies. Upon the occurrence of any of the above-described events, the City shall first notify the Developer in writing of its purported breach or failure. Except for those Events of Default in which a cure period is specified, in the event the Developer does not then cure the default within thirty (30) days (or, if the default is not susceptible of cure within such thirty-day period, the Developer fails to commence the cure within such period and thereafter to prosecute the cure diligently to completion), then the City shall be entitled to any rights afforded it in law or in equity by taking any or all of the following remedies:
(i) termination of this Agreement by written notice to the Developer; or (ii) seeking any other remedy available at law or in equity (including mandamus), provided, however, the City shall not be entitled to recover consequential damages or damages for lost profits. If City chooses to terminate this Agreement under paragraph (a) above, and Escrow has not closed on the conveyance of the Public Access Parcels and Sliver Parcel from City to Developer, the Escrow Agent shall return any amounts deposited by Developer in Escrow to Developer and the City shall return the remainder of any Evergreen Deposit (as defined in the Reimbursement Agreement) provided by Developer to City under the Reimbursement Agreement after deducting therefrom any expenses incurred by the City prior to such termination (it being understood and agreed that in no event shall City be required to pay for any costs related to an actual default under this Agreement by Developer), and thereafter there the parties shall have no further obligations to or liabilities against each other.
