Opportunity to Cure Default. Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice.
Opportunity to Cure Default. The Financing Party shall have the right, but not the obligation, to pay all sums due under this Agreement and to perform any other act, duty or obligation required of Provider hereunder or cause to be cured any default of Provider hereunder in the time and manner provided by the terms of this Agreement. Nothing herein requires the Financing Party to cure any default of Provider under this Agreement or (unless the Financing Party has succeeded to Provider’s interests under this Agreement) to perform any act, duty or obligation of Provider under this Agreement, but Host hereby gives it the option to do so;
Opportunity to Cure Default. Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice.
Opportunity to Cure Default. In the event that Contractor fails to perform a contractual requirement or materially breaches any term or condition, the District Purchasing Manager, in his/her sole discretion, may issue a written or oral notice of default and provide a period of time in which Contractor shall have the opportunity to cure. Time for cure shall not diminish or eliminate Contractor’s liability for liquidated or other damages. If the nonperformance, breach or default remains after Contractor has been provided the opportunity to cure, the District may do one or more of the following:
Opportunity to Cure Default. In the Event of Default, the non-defaulting Party shall give the defaulting party written notice of the Event of Default and request that such default be cured (“Cure Notice”). If the defaulting fails to cure the specified Event of Default within forty-five (45) days of receipt of the Cure Notice (or such other mutually agreed upon time) and the Parties have completed the dispute resolution process in Section 8 without resolution (“Default”), then the non-defaulting Party shall have the right to terminate this Contract, effective upon thirty (30) days prior written notice to the defaulting Party (“Termination Notice”). The non-defaulting Party’s right to terminate this Contract shall automatically expire if the defaulting Party has cured the Event of Default prior to the defaulting Party’s receipt of the Termination Notice. In the case of a Continuous Performance Default, if the Department fails to issue a Cure Notice to the Service Provider within one hundred thirty (130) days after the Department receives a monthly report indicating Continuous Performance Default, the Department shall expressly waive any right to claim Continuous Performance Default and to terminate the Contract therefor. The Parties’ right to terminate the Contract under this provision shall be in addition to any other rights and remedies they may have at law or in equity.
Opportunity to Cure Default. The Lender shall have the right, but not the obligation, to pay all sums due under this Agreement and to perform any other act, duty or obligation required of Seller thereunder or cause to be cured any default of Seller thereunder in the time and manner provided by the terms of this Agreement. Nothing herein requires the Lender to cure any default of Seller under this Agreement or (unless the Lender has succeeded to Seller’s interests under this Agreement) to perform any act, duty or obligation of Seller under this Agreement, but Buyer hereby gives it the option to do so;
Opportunity to Cure Default. Except for emergencies, DBE shall cure any default in performance of its obligations under the Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt of written notice. However, if the breach cannot be reasonably cured within such time, DBE will commence to cure the breach within two (2) Days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice.
Opportunity to Cure Default. Events: In the event that Contractor fails to perform a contractual requirement or materially breaches any term or condition, the state may issue a written or oral notice of default and provide a period of time in which Contractor shall have the opportunity to cure. Time allowed for cure shall not diminish or eliminate Contractor's liability for liquidated or other damages. The state is not required to allow the Contractor to cure defects if the opportunity for cure is not feasible as determined solely by the state. The state may terminate the contract for nonperformance, breach, or default without allowing the opportunity to cure by the Contractor. Remedies: If the nonperformance, breach or default remains after Contractor has been provided the opportunity to cure, the state may do one or more of the following: Exercise any remedy provided by law. Terminate this contract and any related contracts or portions thereof. Impose liquidated damages. Suspend Contractor from receiving future Invitations for Bid.
Opportunity to Cure Default. The Financing Party shall have the right, but not the obligation, to pay all sums due under this Agreement "Agreement" means this Power Purchase Agreement, including all exhibits attached hereto, as the same may be amended from time to time in accordance with the provisions hereof. and to perform any other act, duty or obligation required of Provider thereunder or cause to be cured any default of Provider thereunder in the time and manner provided by the terms of this Agreement . Nothing herein requires the Financing Party to cure any default of Provider under this Agreement or (unless the Financing Party has succeeded to Provider "Provider" means Tioga Solar [___], LLC, a [_____] limited liability company, and all successors and assigns.’s interests under this Agreement ) to perform any act, duty or obligation of Provider under this Agreement , but Host hereby gives it the option to do so; [(21a,ii,B) Tioga’s financing parties have the right, to cure any default by Xxxxx. The financing parties, however, are not obligated to cure the default. This assures the financing parties that it will be able to rescue this contract in order to generate revenue from the system to repay the loan needed to build it.]
Opportunity to Cure Default. In the event of any noncompliance with any provision of this Agreement, the Party alleging such noncompliance shall deliver to the other by certified mail a ten (10) day notice of default and opportunity to cure. The time of notice shall be measured from the date of receipt of the certified mailing. The notice of noncompliance shall specify the nature of the alleged noncompliance and the manner in which it may be satisfactorily corrected, during which ten (10) day period the party alleged to be in noncompliance shall not be considered in default for the purposes of termination or institution of legal proceedings. If the noncompliance cannot reasonably be cured within the ten (10) day cure period, the non- compliant Party may timely cure the noncompliance for purposes of this Section 4 if it commences the appropriate remedial action with the ten (10) day cure period and thereafter diligently prosecutes such action to completion within a period of time acceptable to the non-breaching Party. If no agreement between the Parties is reached regarding the appropriate timeframe for remedial action, the cure period shall not be longer than ninety (90) days from the date the ten (10) day notice of noncompliance and opportunity to cure was mailed to the non-compliant Party. If the noncompliance is corrected, then no default shall exist and the noticing Party shall take no further action. If the noncompliance is not corrected within the relevant cure period, the non-complaint Party is in default, and the Party alleging non-compliance may declare the breaching Party in default and elect any one or more of the following courses.
