Remedies for Failure to Cure Sample Clauses

Remedies for Failure to Cure. If ATTACK POVERTY fails to cure an Event of Default, the COUNTY may: 1. Recapture and collect from ATTACK POVERTY an amount up to equal to the amount actually paid to ATTACK POVERTY for this Chapter 381 Agreement Grant; 2. Cancel this Agreement by sending a written notice to Attack Poverty giving thirty (30) days’ notice of termination.
Sample 1
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Remedies for Failure to Cure. If COMPANY fails to cure an Event of Default in accordance with Section 6.E., the COUNTY may: 1. Recapture and collect from COMPANY an amount equal to the amount actually paid to COMPANY for each Grant Period during which the uncured Event of Default was in existence (the “Recapture Amount”); and 2. Cancel this Agreement by sending a written notice to Company giving thirty (30) days’ notice of termination.
Sample 1
Remedies for Failure to Cure. If a defaulting Party fails to cure the default as provided above in Section 12.1, unless otherwise provided in this Agreement or unless otherwise agreed in writing, the non-defaulting Party may resort to any available legal or equitable remedy, to enforce the terms of this Agreement, including termination of any unfulfilled portion of this Agreement and recover from the defaulting Party damages recoverable under applicable law but subject to Section 14 below. Notwithstanding the preceding sentence, the Authority acknowledges that termination of the Agreement would result in undue financial hardship to Motorola because Motorola has incurred substantial costs before this Agreement was formed (including paying its Site Remediation Costs) as well as during the early part of the contract performance and Motorola will need the User Fees to be paid for the full term of the Agreement to achieve its financial objectives concerning this Agreement. Furthermore, during the Operation Stage, Motorola acknowledges that termination of the Agreement would result in financial hardship to both the Authority and the Eligible Users because of the substantial resources in terms of Sites and Facilities that have been committed to the System and would potentially create a danger to public safety as a result of the loss of the System. Based on the foregoing acknowledgements, the Parties agree that Motorola during the Operation Stage and the Authority at any time may not terminate this Agreement for an uncured default if monetary damages are an adequate remedy, provided, however, that the failure of a Party to pay a final monetary judgment for damages that has been obtained by the other Party within sixty (60) days shall be grounds for termination. The Parties further agree that even if monetary damages are not an adequate remedy, Motorola during the Operation Stage and the Authority at any time will not terminate this Agreement for the other Party’s uncured default without completing a “meet and confer” process with senior managers of both Parties for an additional time period to be mutually agreed but not less than thirty (30) days. The purpose of this meet and confer process is for the Parties to try in good faith to resolve the claimed default without terminating the Agreement so as to avoid the undue financial hardship and loss of the System described above. In the event of termination for default, the defaulting Party will promptly return to the non-defaulting Party any of i...
Sample 1
Remedies for Failure to Cure. If the Contractor is unable to correct any deficiency, defect or noncompliance with the Acceptance Criteria that prevents the State from accepting the Deliverable in the time set forth in the Corrective Action Plan(s), the State may exercise any of the following three options: (i) extend the acceptance process by amending the Corrective Action Plan; or (ii) conditionally accept the Deliverable and related services, if any, and equitably reduce the Contractor’s compensation; or (iii) exercise its rights and remedies under this Agreement.
Sample 1
Remedies for Failure to Cure. In the event the breaching Shareholder fails timely to cure its material breach or to remedy a defective cure following notice by the nonbreaching Shareholder pursuant to Section 7.1, the nonbreaching Shareholder shall be entitled, in addition to any other remedies it or the Company may possess, upon notice given to the breaching Shareholder, to purchase or cause an Affiliate or third party purchaser to purchase the breaching Shareholder's Shares at a price equal to seventy-five percent (75%) of the fair market value of such breaching Shareholder's Shares as determined by an investment banking firm of recognized national standing selected by the nonbreaching Shareholder. Upon such purchase, the breaching Shareholder shall thereafter cease to be a Shareholder of the Company, and all of its rights, privileges, remedies and entitlement under this Agreement shall cease.
Sample 1

Related to Remedies for Failure to Cure

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Master Contract are in addition to all other available remedies. (b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Purchasers replacement goods and/or services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Master Contract price and the replacement or cover price as well as any administrative and/or transaction costs directly related to such replacement procurement – e.g., the cost of the competitive procurement.

  • Breach and Remedies for Breach The benefits associated with Sector membership will only accrue to the Members if each of them strictly complies with this Agreement. Each Member will make significant operational and financial commitments based on this Agreement, and any Member’s failure to fulfill any of its obligations under this Agreement could have significant adverse consequences for some or all other Members. Any failure by a Member to fulfill any of its obligations under this Agreement shall constitute a breach of this Agreement. Each Member shall be bound by the procedures set forth in this Section for determining whether a Member has breached this Agreement. The Sector shall be entitled to the remedies set forth in this Section if a Member is determined by the Sector to have breached this Agreement. Each Member shall take all actions and execute all documents the Manager deems necessary or convenient to give effect to the provisions of this Section.

  • Remedies for Breach It is understood and agreed that all rights and remedies afforded below shall be in addition to all remedies or actions otherwise authorized or permitted by law: a. Cover/Substitute Performance In the event of Contractor's material breach that has not been cured within thirty (30) days following Contractor’s receipt of written notice of the material breach, the Commissioner may, with or without formally Bidding: (i) Purchase from other sources; or (ii) If the Commissioner is unsuccessful after making reasonable attempts, under the circumstances then-existing, to timely obtain acceptable service or acquire replacement Product of equal or comparable quality, the Commissioner may acquire acceptable replacement service or Product of lesser or greater quality. Such purchases may be deducted from the Contract quantity without penalty or liability to the State. The Commissioner agrees that Authorized Users shall accept allocated performance or deliveries during a period where Contractor is making good faith efforts to cure a material breach. b. Withhold Payment In any case where a reasonable question of material, uncured non-performance by Contractor arises, payment may be withheld in whole or in part at the discretion of the Commissioner. Should Contractor and the Commissioner fail to agree upon the question of “materiality” in an instance of non-performance, such failure to agree shall be a dispute under the Disputes clause. c. Bankruptcy In the event that the Contractor files, or there is filed against Contractor, a petition under the U.S. Bankruptcy Code during the term of this Centralized Contract, Authorized Users may, at their discretion, make application to exercise its right to set-off against monies due the Debtor or, under the Doctrine of Recoupment, be credited the amounts owed by the Contractor arising out of the same transactions.

  • Remedies for Noncompliance In the event Contractor fails to fulfill its obligations under this Section 21, the Authority shall have available to it appropriate remedies at law or in equity, including the right to withhold amounts due to Contractor for any work until Contractor submits a corrective action plan which has been approved by the Authority or demonstrates to the Authority’s satisfaction that all good faith efforts to comply with the goals set forth herein have been exhausted, together with the ability to disqualify Contractor from future work that may, from time to time, be undertaken by the Authority as well as all unfinished work under this Contract.

  • No Waiver; Remedies Cumulative No failure or delay on the part of any Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Credit Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. The rights, powers and remedies given to each Agent and each Lender hereby are cumulative and shall be in addition to and independent of all rights, powers and remedies existing by virtue of any statute or rule of law or in any of the other Credit Documents. Any forbearance or failure to exercise, and any delay in exercising, any right, power or remedy hereunder shall not impair any such right, power or remedy or be construed to be a waiver thereof, nor shall it preclude the further exercise of any such right, power or remedy.

  • Waiver; Remedies Cumulative The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by applicable law, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (b) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

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