Remedies of the City. (a) Subject to § 9.3(b), upon an Event of Default (or upon any act or failure to act by the Company, or the occurrence of a set of circumstances relating to the Company or its activities, which under common law principles would constitute an anticipatory breach of this Agreement), DoITT may at its option take any one or more of the following actions: cause a withdrawal from the Security Fund; seek money damages (and if such damages are awarded collect such) from the Company as compensation for the breach of this Agreement; seek to restrain by injunction the Event of Default (or in the case of anticipatory breach the anticipated Event of Default); terminate this Agreement pursuant to § 9.3(b); and/or invoke any other available remedy that would be permitted by law. DoITT will give the Company notice in writing when it determines to pursue one or more such remedies, but nothing herein will prevent DoITT from electing more than one remedy, simultaneously or consecutively, for any breach.
(b) DoITT shall have the right to terminate this Agreement prior to its scheduled expiration only in connection with an Event of Default which (i) remains uncured after the expiration of the applicable cure period provided for in § 9.2.1 and (ii) constitutes a material breach of this Agreement that has deprived the City from receiving a significant portion of the rights or other entitlements, as expressly set forth in this Agreement, bargained for by the City (a “material and significant breach”), examples, without limitation, of a material and significant breach being (1) failure to pay any amount due to the City under this Agreement or maintain in effect the Security Fund as set forth in § 5 hereof, (2) if the Company intentionally makes a material false or misleading statement or representation to the City relating to the documentation of the Company's compliance with its obligations under this Agreement, (3) if the Company fails to maintain the insurance coverage required by or otherwise materially breaches § 8 of this Agreement, (4) if the Company engages in a course of conduct intentionally designed to practice fraud or deceit upon the City, (5) if the Company intentionally engages or has intentionally engaged in any material misrepresentation with respect to any representation or warranty contained herein, and (6) any Event of Default which constitutes part of a persistent pattern of failures by the Company to abide by one or more of its obligations under this Agreemen...
Remedies of the City. If an Event of Default occurs, the City may thereafter take any one or more of the following actions:
7.2.1 Terminate this Ground Lease in accordance with any laws governing such termination, and require Tenant to immediately surrender the Leased Premises to the City, including the Building if any unpaid Rent is owed to the City;
7.2.2 Enter and take possession of the Leased Premises and the Building, in accordance with any laws governing such repossession, and remove Tenant, with or without having terminated this Ground Lease, or re-let the Leased Premises;
7.2.3 Take such action as may be necessary to cure such default and charge the reasonable cost (including reasonable actual attorneys’ fees) of cure to Tenant; or
7.2.4 Exercise any other remedy available to the City at law or in equity.
Remedies of the City. The City hereby retains all remedies in law and equity, including but not limited to, the right to deduct the cost of any substitute contract or performance for expenses, losses, and all damages and the right to withhold from payment, any amounts for expenses, losses, and damages from sums due, or which become due.
Remedies of the City. Upon the occurrence and during the continuance of an Event of Default by Xxxxxxx, the City has, as the City’s sole and exclusive remedies, the remedies set forth below (except those remedies which are only available concerning a Major Event of Default):
Remedies of the City. Upon an Event of Default by Redeveloper, the City may terminate the RDA and/or take whatever action at law or in equity, as may appear necessary or desirable to enforce the performance or
Remedies of the City a. If the City, in its sole discretion, is of the opinion that the owner has neglected or refused to perform any of its obligations set out in these Easement Terms, the City may in addition to any of its other legal or equitable remedies serve on the owner a notice setting out particulars of the breach and of the City's estimated maximum costs of remedying the breach. The owner shall have thirty (30) days from receipt of such notice to remedy the breach or make arrangements satisfactory to the City for remedying the breach.
b. If within those thirty (30) days the owner has not remedied the breach or made arrangements satisfactory to the City for remedying the breach, or if the owner does not carry out the said arrangements within a reasonable period of time of which the City shall be the sole and final judge, duly authorized representatives of the City may enter upon the property and carry out the owner's obligations and the owner shall reimburse the City for any expenses incurred thereby, up to the estimated maximum costs of remedying the breach set out in the aforesaid notice. Such expenses incurred by the City shall, until paid to it by the owner, be a debt owed by the owner to the City and recoverable by the City by action in a court of law.
Remedies of the City. If an Event of Default occurs, the City may thereafter take any one or more of the following actions:
A. Terminate this Parking Lease in accordance with any laws governing such termination, and require Xxxxxx to immediately surrender the Leased Premises to the City, including the Facility if any unpaid Rent is owed to the City;
B. Enter and take possession of the Leased Premises and the Facility, in accordance with any laws governing such repossession, and remove Lessee, with or without having terminated this Parking Lease, or re-let the Leased Premises;
C. Take such action as may be necessary to cure such default and charge the reasonable cost (including reasonable actual attorneys’ fees) of cure to Lessee; or
D. Exercise any other remedy available to the City at law or in equity.
Remedies of the City. Upon an Event of Default, DoITT may:
Remedies of the City. If an Event of Default occurs, the City may thereafter take any one or more of the following actions:
A. Terminate this Agreement and require AWN to immediately surrender AWN’s Space to the City;
B. Enter and take possession of AWN’s Space and remove the Equipment, with or without having terminated this Agreement;
C. Take such action as may be necessary to cure such default and charge the reasonable cost (including actual attorneys’ fees) of cure to AWN; or
D. Exercise any other remedy available to the City at law or in equity.
Remedies of the City. If the TSA defaults or breaches its duties under Section 3.3(a), the remedies of the City are limited to the provisions of Section 3.3(a). With respect to any other default or breach by the TSA under or arising out of this Agreement, the Construction Trust Agreement, or any document executed by the TSA in connection with the Project or the issuance, sale or delivery of the Project Bonds, no judgment for damages against the TSA shall impose, give rise to or be construed to authorize or permit a debt or pecuniary liability, or a charge against the general credit of the TSA but satisfaction of such judgment shall be limited to monies lawfully deposited into the Cactus League Promotion Account. Nothing in the Section 11.5 shall limit the City's right to pursue any equitable remedy that the City can demonstrate it is entitled to under the law.
