Common use of Remedies on Occurrence of Events of Default Clause in Contracts

Remedies on Occurrence of Events of Default. Upon the occurrence of an Event of Default, the CAB Districts and the CAB shall, individually and collectively, have the following rights and remedies: (a) The non-defaulting CAB District(s) or the CAB may ask a court of competent jurisdiction to enter a writ of mandamus to compel the board of directors of the defaulting CAB District to perform its duties under this CABEA, and/or to issue temporary and/or permanent restraining orders, or orders of specific performance, to compel the defaulting CAB District to perform in accordance with this CABEA. (b) The non-defaulting CAB District(s) or the CAB, or both, may protect and enforce its rights under this CABEA by such suits, actions, or special proceedings as it shall deem appropriate, including, without limitation, any proceedings for the specific performance of any covenant or agreement contained in this CABEA, for the enforcement of any other appropriate legal or equitable remedy, or for the recovery of damages, including attorneys’ fees and all other costs and expenses incurred in enforcement this CABEA. (c) The non-defaulting CAB District(s) shall have the right to impose a mill levy, budget, and expend funds as necessary to enforce the terms of this CABEA. (d) To foreclose any and all liens in the manner specified by law. Notwithstanding anything to the contrary contained in this CABEA, prior to the time the CAB requires a CAB District to impose a mill levy for their obligations under this CABEA, any CAB District may file for inactive status and filing for such inactive status shall not constitute an Event of Default.

Remedies on Occurrence of Events of Default. Upon the occurrence of an Event of Default, the CAB Districts and the CAB shall, individually and collectively, non-defaulting District(s) hereto shall have the following rights and remedies: (a) The i. In the event of breach of any provision of this Agreement, any non-defaulting CAB District(s) or the CAB District may ask a court of competent jurisdiction to enter a writ of mandamus to compel the board of directors Board of the defaulting CAB District to perform its duties under this CABEAAgreement, and/or to issue and any non-defaulting District may seek from a court of competent jurisdiction temporary and/or permanent restraining ordersinjunctions, or orders of specific performance, to compel the defaulting CAB District to perform in accordance with the obligations set forth under this CABEAAgreement. (b) ii. The non-defaulting CAB District(s) or the CAB, or both, Districts may protect and enforce its their rights under this CABEA Agreement by such suitssuit, actionsaction, or special proceedings or remedies as it they shall deem appropriate, including, including without limitation, limitation any proceedings for the specific performance of any covenant or agreement contained in this CABEAherein, for the enforcement of any other appropriate legal or equitable remedy, or for the recovery of damagesdamages caused by breach of this Agreement, including attorneys’ fees and all other costs and expenses incurred in enforcement enforcing this CABEAAgreement or exercising any available remedies. If, at any time, there shall cease to be electors in the Coordinating District, or if no electors of the Coordinating District are willing to act as directors of the Coordinating District, any Financing District may ask a court of competent jurisdiction to designate the proper persons to assume control of the Coordinating District for purposes of causing the performance of the Coordinating District’s obligations under this Agreement. (c) The iii. In the event the Event of Default is non-defaulting CAB District(spayment by a Financing District, the Coordinating District may: (a) Suspend the provision of the Services until such time as such Financing District cures such Event of Default; and/or (b) Impose User Fees directly upon the Users for the provision of the O&M Services in lieu of collecting the Costs related to the O&M Services from such Financing District. In such event, methods of collection of the User Fees shall be determined by the Coordinating District. The Coordinating District shall have the right to impose delegate or assign such impositions and collection power to a mill levy, budget, and expend funds as necessary to enforce the terms billing or service entity of this CABEAits choice. (div. To terminate this Agreement for any Event of Default that causes the non-defaulting District(s) To foreclose any and all liens in the manner specified by law. Notwithstanding anything irreparable harm material to the contrary contained in this CABEA, prior to the time the CAB requires a CAB District to impose a mill levy for their obligations aggregate interests under this CABEA, any CAB District may file for inactive status and filing for Agreement. v. To take or cause to be taken such inactive status shall not constitute an Event of Defaultother actions as the non- defaulting District(s) reasonably deem necessary.

Remedies on Occurrence of Events of Default. Upon the occurrence of an Event of Default, the CAB Districts and the CAB shall, individually and collectively, non-defaulting District(s) hereto shall have the following rights and remedies: (a) The non-i. In the event of breach of any provision of this Agreement, any non- defaulting CAB District(s) or the CAB District may ask a court of competent jurisdiction to enter a writ of mandamus to compel the board of directors Board of the defaulting CAB District to perform its duties under this CABEAAgreement, and/or to issue and any non- defaulting District may seek from a court of competent jurisdiction temporary and/or permanent restraining ordersinjunctions, or orders of specific performance, to compel the defaulting CAB District to perform in accordance with the obligations set forth under this CABEAAgreement. (b) ii. The non-defaulting CAB District(s) or the CAB, or both, Districts may protect and enforce its their rights under this CABEA Agreement by such suitssuit, actionsaction, or special proceedings or remedies as it they shall deem appropriate, including, including without limitation, limitation any proceedings for the specific performance of any covenant or agreement contained in this CABEAherein, for the enforcement of any other appropriate legal or equitable remedy, or for the recovery of damagesdamages caused by breach of this Agreement, including attorneys’ fees and all other costs and expenses incurred in enforcement enforcing this CABEAAgreement or exercising any available remedies. If, at any time, there shall cease to be electors in the Coordinating District, or if no electors of the Coordinating District are willing to act as directors of the Coordinating District, any Financing District may ask a court of competent jurisdiction to designate the proper persons to assume control of the Coordinating District for purposes of causing the performance of the Coordinating District’s obligations under this Agreement. (c) The iii. In the event the Event of Default is non-defaulting CAB District(spayment by a Financing District, the Coordinating District may: (a) Suspend the provision of the Services the Coordinating District provides on behalf of such Financing District until such time as such Financing District cures such Event of Default; and/or (b) After providing notice to such Financing District, impose User Fees directly upon the Users for the provision of the O&M Services in lieu of collecting the Costs related to the O&M Services from such Financing District. In such event, methods of collection of the User Fees shall be determined by the Coordinating District. The Coordinating District shall have the right to impose delegate or assign such impositions and collection power to a mill levy, budget, and expend funds as necessary to enforce the terms billing or service entity of this CABEAits choice. (div. To terminate this Agreement for any Event of Default that causes the non-defaulting District(s) To foreclose any and all liens in the manner specified by law. Notwithstanding anything irreparable harm material to the contrary contained in this CABEA, prior to the time the CAB requires a CAB District to impose a mill levy for their obligations aggregate interests under this CABEA, any CAB District may file for inactive status and filing for Agreement. v. To take or cause to be taken such inactive status shall not constitute an Event of Defaultother actions as the non-defaulting District(s) reasonably deem necessary.