Remedies and Default. County may exercise any of the following remedies for Contractor's failure to perform the scope of work or failure to meet established performance standards: reduce or withhold payment; require Contractor to perform, at Contractor's expense, additional work necessary to perform the identified scope of work or meet the established performance standards; or declare a default, terminating the Contract and seeking damages and other relief available under the terms of the Contract or applicable law.
Remedies and Default. If Sub-Tenant does any of the following:
a. defaults in paying any sums to Sub-Landlord when due, including rent and additional rent, and does not cure the default within 10 days;
b. defaults in performing any other covenant or condition of the Sublease and does not cure the other default within 30 days after written notice from Sub-Landlord specifying the default; or
c. is adjudicated to be bankrupt or makes any assignment for the benefit of creditors; Then Sub-Landlord may:
a. accelerate the full balance of the rent payable for the remainder of the term and sxx for the sums due;
b. terminate this Sublease; or
c. without terminating this Sublease, reenter the Premises and dispossess Sub-Tenant or any other occupant of the Premises, remove Sub-Tenant’s effects, and relet the Premises for the account of Sub-Tenant for rent and upon terms that are satisfactory to Sub-Landlord, crediting the proceeds, after deducting the costs and expense of reentry, alterations, additions, and reletting, to the unpaid rent and the other amounts due under this Sublease during the remainder of the term, and Sub-Tenant shall remain liable to Sub-Landlord for the balance owed. If suit is brought to recover possession of the Premises, to recover any rent or any other amount due under the provisions of this Sublease, or because of the breach of any other covenant to be performed by Sub-Tenant, and a breach is established, then Sub-Tenant shall pay to Sub-Landlord all expenses incurred in the action, including reasonable attorney fees, which shall be deemed to have been incurred on the commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
Remedies and Default. Any of the following constitutes an “event of default” under this Lease:
Remedies and Default. In the event that either party to this Lease Agreement shall default on any of the terms or obligations set forth herein, the non-defaulting p a r t y shall give written notice by certified mail to the defaulting party of the default and a thirty (30) calendar day period to cure said default. If the default is not cured within thirty (30) calendar days of sending the written notice by certified mail, the non-defaulting party may immediately terminate this Lease Agreement and/or seek any additional remedies as may be allowed by law.
Remedies and Default. County may exercise any of the following remedies for Contractor's failure to perform the scope of work or failure to meet established performance standards: reduce or withhold payment; require Contractor to perform, at Contractor's expense, additional work necessary to perform the identified scope of work or meet the established performance standards; or declare a default, terminating the Contract and seeking damages and other relief available under the terms of the public contract or other applicable law. The Contract may be canceled at the election of County for any substantial breach, willful failure or refusal on the part of Contractor to faithfully perform the contract according to its terms. 5.4 Availability of Funds. County certifies that it has sufficient funds currently authorized for expenditure to finance the costs of this Agreement for the period within the current budget; however, Contractor understands and agrees that, if the County does not appropriate funds for the next succeeding fiscal year to continue payments otherwise required by the Contract, the Contract will terminate at the end of the last fiscal year for which payments have been appropriated. The County will notify Contractor of such non-appropriation not later than 30 days before the beginning of the year within which funds are not appropriated. Upon termination pursuant to this clause, County will have no further obligation to Contractor for payments beyond the termination date. This provision does not permit County to terminate the contract in order to provide similar services or goods from a different contractor.
Remedies and Default. In the event either party to this Agreement defaults in the performance of any of its obligations under this Agreement and following thirty (30) days prior written notice and an opportunity to cure within such time period, the non-defaulting party shall be entitled to all remedies available in law or in equity. The defaulting party shall be entitled to an additional thirty (30) days if the default cannot reasonably be cured within such time period, providing the defaulting party is using reasonable diligent efforts to cure the default. The non-defaulting party shall also be entitled to receive from the defaulting party costs and expenses, including legal fees, caused by the default. Such remedies shall include, without limitation, the right to terminate the Agreement pursuant to Section 5 above.
Remedies and Default. If Tenant (a) defaults in paying any sums to Landlord when due and does not cure the default within five (5) days without notice from Landlord, and/or
Remedies and Default. 16 Section 7. Definitions...............................................16 Section 7.1. Definitions..................................16 Section 7.2. Accounting Principles........................19 Section 7.3. Directly or Indirectly.......................19 Section 8. Amendments, Waivers and Consents..........................19
Remedies and Default. If the Company shall default in the performance and observance of its covenants contained in this Section 6 or in the Rights Agreement, the holders of at least 25% of the shares of the Preferred Stock then outstanding may proceed to protect and enforce any or all of the rights of the holders of the Preferred Stock and remedies resulting from such failure, by suit in equity or action at law or by other appropriate proceeding. The Company further agrees, to the extent not prohibited by law, to pay to the holder or holders of the Preferred Stock all reasonable costs and expenses incurred by them in enforcing the observance by the Company of its covenants contained in this Section 6 or in the Rights Agreement, including reasonable compensation to such holder's or holders' attorneys for all services rendered in connection therewith; provided that such enforcement is sought for reasonable cause and in good faith.
Remedies and Default. In the event that Buyer shall default in a performance of any its obligations under these Terms and Conditions ("default") and fails to cure, remedy or correct such default within thirty (30) days of receipt of written notice from Seller, then Seller may at any time thereafter terminate these Terms and Conditions upon written notice effective immediately. Any required notice periods set forth herein shall run concurrently. For the purposes of this Section, and in addition to any other act of default hereunder (i) the entering into or filing by a party of a petition, arrangement or proceeding seeking an order for relief under the bankruptcy laws of the United States or similar laws of any other jurisdiction, a receivership for any of its assets, a composition with or assignment for the benefit of its creditors, a readjustment of debt, or its dissolution or liquidation, and (ii) the failure to provide to Seller, upon request, reasonable assurances of future performance, shall be considered an event of default hereunder. Except as is expressly stated herein to the contrary, any termination of these Terms and Conditions or other exercise of rights and remedies upon a default as may be herein, shall be in addition to any rights or remedies provided by law, at equity or under these Terms and Conditions; provided, however, that in no event shall either party have any liability for indirect or consequential damages resulting from a default of its obligations under these Terms and Conditions.
