Common use of REMEDIES IN THE EVENT OF DEFAULT Clause in Contracts

REMEDIES IN THE EVENT OF DEFAULT. Where the Breaching Party commits a material breach of this Agreement, and: (a) if except as set out herein such material breach continues beyond the allowable cure period after the receipt of written demand for cure of such breach by the Non-Breaching Party as set out in Section 14 hereof ; or (b) if such material breach cannot be cured within such period and the Breaching Party does not within such cure period start to cure the breach and thereafter proceed diligently with the cure thereof, then the Non-Breaching Party may terminate this Agreement and may recover its money damages caused by such material breach (including arbitration fees, court costs, litigation expenses, and reasonable attorney fees) on written notice and demand to the Breaching Party for payment. Such payment shall be without prejudice to any other right or remedy that the Non-Breaching Party may have against the Breaching Party under this Agreement, at law or in equity, including injunctive relief and rights of specific performance.

REMEDIES IN THE EVENT OF DEFAULT. Where the Breaching Party a party commits a material breach of this AgreementServices Contract (“Breaching Party”), and: (a) if : A. If except as set out herein such material breach continues beyond the allowable cure period after the receipt of written demand for cure of such breach by the party not in breach (“Non-Breaching Party Party”) as set out in Section 14 hereof 7(B) hereof; or (b) if or B. If such material breach cannot be cured within such period and the Breaching Party does not within such cure period start to cure the breach and thereafter proceed diligently with the cure thereof, then the Non-Breaching Party may terminate this Agreement Services Contract and may recover its money damages allowable hereunder and caused by such material breach (including arbitration fees, court costs, litigation expenses, and reasonable attorney fees) on written notice and demand to the Breaching Party for payment. Such payment shall be without prejudice to any other right or remedy that the Non-Breaching Party may have against the Breaching Party under this AgreementServices Contract, at law or in equity, including injunctive relief and rights of specific performance.

REMEDIES IN THE EVENT OF DEFAULT. Where the Breaching Party a party commits a material breach of this AgreementUse Agreement (“Breaching Party”), and: (a) if : A. If except as set out herein such material breach continues beyond the allowable cure period after the receipt of written demand for cure of such breach by the party not in breach (“Non-Breaching Party Party”) as set out in Section 14 hereof 20(B) hereof; or (b) if or B. If such material breach cannot be cured within such period and the Breaching Party does not within such cure period start to cure the breach and thereafter proceed diligently with the cure thereof, then the Non-Breaching Party may terminate this Use Agreement and may recover its money damages allowable hereunder and caused by such material breach (including arbitration fees, court costs, litigation expenses, and reasonable attorney fees) on written notice and demand to the Breaching Party for payment. Such payment shall be without prejudice to any other right or remedy that the Non-Breaching Party may have against the Breaching Party under this Use Agreement, at law or in equity, including injunctive relief and rights of specific performance.

REMEDIES IN THE EVENT OF DEFAULT. Where the Breaching Party If either party hereto commits a material breach of this AgreementAgreement (or of the Construction Contract as set out under subsections 13(C)or (D)), and: and (a) if except as set out herein such material breach continues beyond the allowable cure period after the receipt of written demand for cure of such breach by the Nonnon-Breaching Party breaching party as set out in Section 14 hereof ; 13 hereof, or (b) if such material breach cannot be cured within such period and the Breaching Party breaching party does not within such cure period start to cure the breach and thereafter proceed diligently with the cure thereof, then the Nonnon-Breaching Party breaching party may terminate this Agreement and may recover its money damages caused by such material breach (including arbitration fees, court costs, litigation expenses, and reasonable attorney fees) on written notice and demand to the Breaching Party breaching party for payment. Such payment shall be without prejudice to any other right or remedy that the Nonnon-Breaching Party breaching party may have against the Breaching Party breaching party under this Agreement, at law or in equity, including injunctive relief and rights of specific performance.

REMEDIES IN THE EVENT OF DEFAULT. Where the Breaching Party If any party hereto commits a material breach of this Agreement, and: Agreement and (a) if (except as set out herein herein) such material breach continues beyond the allowable cure for a period of thirty (30) days after the receipt of written demand for cure of such breach by the Nonnon-Breaching Party breaching party as set out in Section 14 hereof ; 11 hereof, or (b) if such material breach cannot be cured within such thirty (30) day period and the Breaching Party breaching party does not within such cure thirty (30) day period start to cure the breach and thereafter proceed diligently with the cure thereof, then the Nonnon-Breaching Party breaching party may terminate this Agreement and may recover its money damages caused by such material breach (including arbitration fees, court costs, litigation expenses, and reasonable attorney fees) on written notice and demand to the Breaching Party breaching party for payment. Such payment shall be without prejudice to any other right or remedy that the Nonnon-Breaching Party breaching party may have against the Breaching Party breaching party under this Agreement, at law or in equity, including injunctive relief and rights of specific performance.