Common use of Remedies on Default by District Clause in Contracts

Remedies on Default by District. Whenever any Event of Default referred to in Section 9.1 hereof shall have happened and be continuing, it shall be lawful for the Entity to exercise any and all remedies available pursuant to law or granted pursuant to this Facilities Lease, including but not limited to the right to stop work and to extend the date of completion by the number of days the Project is delayed due to the Event of Default; provided, however, there shall be no right under any circumstances to accelerate the Lease Payments or otherwise declare any Lease Payments not then in default to be immediately due and payable. Each and every covenant hereof to be kept and performed by the District is expressly made a condition hereof and upon the breach thereof, the Entity may exercise any and all rights of entry and re-entry upon the Project and the Site, and also, at its option, with or without such entry, may terminate this Facilities Lease; provided, that no such termination shall be affected either by operation of law or acts of the parties hereto, except only in the manner herein expressly provided. In the event of such default and notwithstanding any re-entry by the Entity, the District shall, except as provided herein, continue to remain liable for the payment of the Lease Payments and/or damages for breach of this Facilities Lease and the performance of all conditions herein contained and, in any event such rent and/or damages shall be payable to the Entity at the time and in the manner as herein provided.

Appears in 5 contracts

Samples: Facilities Lease, Facilities Lease Agreement, Facilities Lease

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Remedies on Default by District. Whenever any Event of Default referred to in Section 9.1 hereof shall have happened and be continuing, it shall be lawful for the Entity to exercise any and all remedies available pursuant to law or granted pursuant to this Facilities Lease, including but not limited to the right to stop work and to extend the date of completion by the number of days the Project is delayed due to the Event of Default; provided, however, there shall be no right under any circumstances to accelerate the Lease Payments or otherwise declare any Lease Payments not then in default to be immediately due and payable. Each and every covenant hereof to be kept and performed by the District is expressly made a condition hereof and upon the breach thereof, the Entity may exercise any and all rights of entry and re-entry upon the Project and the Site, and also, at its option, with or without such entry, may terminate this Facilities Lease; provided, that no such termination shall be affected either by operation of law or acts of the parties hereto, except only in the manner herein expressly provided. In the event of such default and notwithstanding any re-entry by the Entity, the District shall, except as provided herein, continue to remain liable for the payment of the Lease Payments and/or damages for RFP #00-00-000 breach of this Facilities Lease and the performance of all conditions herein contained and, in any event such rent and/or damages shall be payable to the Entity at the time and in the manner as herein provided.

Appears in 1 contract

Samples: Facilities Lease Agreement

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