Remedies of City. (a) Upon an Event of Default, City may:
(1) Cause a withdrawal from the Performance Bond/Security Fund for any specified amount due City under this Agreement;
(2) Assess money damages from Company as compensation for such Event of Default;
(3) Revoke the franchise granted pursuant to this Agreement by termination of this Agreement
(4) Accelerate the expiration of the Term by decreasing the term of the franchise provided in Section 2.1 hereof, provided that the remaining term of the franchise as accelerated pursuant to this Section 11.2.3(a)(iv) shall not be less than twelve (12 months;
(5) Restrain by injunction, the default or reasonably anticipated default by Company of any provision of this Agreement; and
(6) Invoke any other available remedy that would be permitted by law.
(b) City shall give Company notice in writing when it determines to pursue one or more remedies, but nothing herein shall prevent City from electing more than one remedy, simultaneously or consecutively, for any default.
Remedies of City. Upon a Developer Default and upon an additional thirty (30) days written notice to Developer providing an opportunity to cure, at the option of City and without further notice or demand to Developer, City may suspend or terminate City’s obligation to pay the Consideration specified in this Agreement. Upon a Developer Default and upon an additional thirty (30) days written notice to Developer providing an opportunity to cure, to the extent the Developer Default can be cured by the payment of money or institution of legal actions, City may pay such amounts on behalf of Developer with such amount(s) to be immediately due and payable to City by Developer. Upon a Developer Default, in any legal or equitable proceeding brought under or with relation to this Agreement or transaction, City shall be entitled to recover, in addition to any other damages or amounts provided for within this Agreement, reasonable attorneys’ fees, paraprofessional fees, litigation expenses, and court costs. All rights and remedies of City herein specified are cumulative and in addition to, and not in limitation of, any rights and remedies that City may have pursuant to this Agreement, by law or in equity, or otherwise.
Remedies of City. Upon the occurrence of any Event of Default set forth in Section 11.01, City, at its option, may take all or any of the following actions:
A. In addition to any other rights and remedies provided to City herein including the respective indemnification provisions set forth herein, City may, without any further liability of City to Airline except in the case of City’s gross negligence or willful misconduct, perform any obligations of Airline set forth herein which Airline has failed to perform in a timely manner, after reasonable notice, in which case Airline shall pay to City, upon receipt of invoice, City’s costs incurred therefor, plus a fifteen percent (15%) administrative fee, unless a different payment requirement is stated in this Agreement. This provision shall not apply to Airline’s responsibility to tow or move aircraft or the like except as otherwise established in Section 3.05.
B. City shall be entitled to terminate this Agreement and, until such time as City has relet the space leased to Airline hereunder, recover (i) all unpaid Rents which have accrued prior to the date of said Event of Default and which are then due and payable, (ii) damages for the period following the termination of the Term, based upon any and all amounts which Airline would have been obligated to pay for the balance of the Term, and City may declare such sums to be immediately due and payable, and (iii) any and all sums due under Section 11.03. It is agreed that in determining the amount of such damage for the period after termination of any future payments which would have been due City, City may make such determination based upon the sum thereof for the full year immediately prior to the Event of Default. Airline’s liability for the payment of the foregoing sum shall survive the termination of the Agreement; and/or
C. City, at any time after the occurrence of any Event of Default whether or not the Agreement has been terminated as aforesaid, may reenter and repossess, the Airline’s Terminal Area Leased Premises and any part thereof with or without process of law, provided no undue force shall be used, and shall have the option, but not the obligation either in its own name, as agent for Airline if this Agreement has not been terminated or for its own behalf if this Agreement has been terminated, to give rights and privileges to or lease to other airlines or users, all or any part of the Airline’s Terminal Area Leased Premises; provided that City shall not be required to ...
Remedies of City. In the event of an Uncured Default, City shall have the right to elect any or all of the following actions in its sole discretion: (i) terminate this Agreement effective immediately upon written notice of such intent to DISD, (ii) demand immediate repayment, subject to appropriation, by DISD of the TIF Subsidy and said TIF Subsidy shall be immediately due and payable by DISD without further or additional notice; and/or (iii) pursue any other legal remedies available at equity. In the event of termination of this Agreement under (i), any TIF Subsidy funds available but unpaid to DISD pursuant to this Agreement shall be immediately rescinded and DISD shall have no further right to such TIF Subsidy. Any provisions of this Agreement related to this section shall survive the termination of this Agreement. This provision shall not be construed as to create an unfunded debt.
Remedies of City. In the event Developer defaults in the performance or observance of any covenant, agreement or obligation of Developer pursuant to this Agreement, and if such default remains uncured for a period of thirty (30) days after written notice thereof shall have been given by City (or such lesser period as may apply under Section 4.1), or, in the event said default cannot reasonably be cured within said time period, Developer has failed to commence to cure such default within the applicable time period and diligently prosecute said cure to completion, then City may declare an “Event of Default” to have occurred hereunder, and, at its option, may take one or more of the following steps:
11.1 With respect to (i) the physical condition of the Site, or (ii) Developer’s Gross Mismanagement of the Project, enter the Site and correct or cause to be corrected said default and charge the costs thereof (including costs incurred by City in enforcing this provision) to the account of Developer, which charge shall be due and payable within thirty (30) days after presentation by City of a statement of all or part of said costs, and if such bill is not timely paid then pursue the remedies set forth in Section 4.2;
11.2 Correct or cause to be corrected said default and pay the costs thereof (including costs incurred by City in enforcing this provision) from the proceeds of any insurance;
11.3 Exercise its right to maintain any and all actions or proceedings at law or suits in equity to compel Developer to correct or cause to be corrected said default;
11.4 Terminate this Agreement by written notice to Developer; Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by any party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by another party.
Remedies of City. City shall have all equitable rights and remedies available to City in connection with any violation of this Agreement, including, without limitation, the right to enjoin any violation of this Agreement and the right to obtain specific performance of this Agreement. In addition, upon a sale of the Program Unit in violation of this Agreement, or any other default by Owner or a Homeowner under this Agreement which is not cured within thirty
Remedies of City. 21.1 In the event the LICENSEE fails to perform or violates any of the terms or conditions of this Revocable License or is in breach or default in any term or condition hereof, CITY shall provide notice thereof to LICENSEE and LICENSEE shall cure such violation within fifteen (15) days written notice, except where the actions necessary to cure take in excess of fifteen (15) days to complete, LICENSEE shall be in default of this License. If LICENSEE commences curing a failure within the initial fifteen (15) day period and the cure takes in excess of fifteen (15) days to complete, LICENSEE shall continue the cure without interruption.
21.1.1 LICENSEE shall provide written Notice to CITY when the violation has been cured. In the event the CITY’s Contract Administrator finds the violation was not cured on the date alleged by LICENSEE, CITY’s Contract Administrator shall provide LICENSEE with
21.2 In the event the LICENSEE fails to timely cure the violation within the time specified in Section 23.1, et seq. the CITY, as an alternative to the procedures set forth in Sections 23.1.1 through 23.1.2, may enforce the terms and conditions of this Revocable License, it being stipulated by the parties that since this Revocable License deals with the right to use a public right-of-way, a violation or breach of any term or condition of the Revocable License constitutes an irreparable injury to the public and CITY for which there is no adequate remedy at law; or
21.3 take such curative action that was required to be taken by the LICENSEE under the Revocable License and the cost and expense incurred in CITY’s curative actions shall be passed on to and owed by LICENSEE, in which case LICENSEE shall be liable for payment to CITY for all reasonable and necessary costs and expenses incurred by CITY in connection with the performance of the action or actions. LICENSEE shall reimburse CITY within sixty
21.4 The remedies found within this Section 23, including all subsections thereof, are cumulative. The exercise of one does not preclude the exercise of any other remedy.
Remedies of City. Subject to the right of Assignor to first exercise its rights under Section 10 above, City shall have the right under the Development Agreement to enforce the provisions of this Assignment and the Assumed Obligations by any appropriate legal or equitable actions and remedies in the event of any delay, failure to perform or breach by Assignee under the provisions of this Assignment or the Assumed Obligations assumed by Assignee.
Remedies of City. In the event of any such default CITY may, at its option, take any or all of the following actions:
i. Correct or cause to be corrected said default and charge the costs thereof to LESSEE, which LESSEE must pay within 30 days after written demand;
ii. Terminate this Lease by written notice to XXXXXX, and obtain all damages permitted by law.
Remedies of City. In the event of a default by Lender under this Agreement, City shall have the right to exercise its legal and equitable remedies, including, without limitation, the right to terminate this Agreement. In addition, City shall have the right (but no obligation) to cure (or cause to be cured) on behalf of Lender any default by Lender. Lender shall pay to City on demand all costs and expenses incurred by City in effecting such cure, with interest thereon from the date of incurrence at the maximum rate then permitted by law. City shall have the right to offset from any amounts due to Lender under this Agreement all damages, losses, costs or expenses incurred by City as a result of such default by Lender.
