Remedy on Default. In the case of default by Grantee in carrying out any of the provisions of this Agreement, Grantor may give notice thereof to Grantee. If Grantee fails to commence to remedy such default within 15 days after receipt of such notice and diligently complete such remedy thereafter, Grantor may take such steps as are appropriate to remedy such default and Grantee shall be liable for and shall pay all reasonable costs and expenses incurred by Grantor in remedying the default.
Remedy on Default. In the case of default by Applicant in carrying out any of the provisions of this Agreement, Xxxxxxx County may give notice thereof to Applicant. If Applicant fails to commence to remedy such default with fifteen (15) days after receipt of such notice and diligently complete such remedy thereafter, Xxxxxxx County may take such steps as are appropriate to remedy such default and Applicant shall be liable for and shall pay all reasonable costs and expenses incurred by Xxxxxxx County in remedying the default. Without restricting or limiting any other remedy which Xxxxxxx County may have against Applicant at law or in equity or pursuant to the terms of this Agreement, in the event the Applicant fails to comply with the terms of this Agreement, the Applicant shall pay to Xxxxxxx County forthwith upon demand the sum of One Thousand and no/100 Dollars per foot ($1,000.00/ft.) of county road measured from right-of-way to right-of-way as liquidated damages for breach of the aforesaid covenant, it being agreed between Applicant and Xxxxxxx County that the actual damages to Xxxxxxx County in the event of such breach are impractical to ascertain and that the aforesaid amount is a reasonable estimate thereof.
Remedy on Default. On the happening of an Event of Default, CEF will have the right, without any further demand or notice whatsoever, to payment of all amounts whatsoever then outstanding and owing or to become owing by Westport to CEF under this Agreement or to pursue any remedy available at law or in equity.
Remedy on Default. In the case of default by the Minister in carrying out any of the provisions of this Agreement, Grantor may give notice thereof to the Minister. If the Minister fails to commence to remedy such default within 15 days after receipt of such notice and diligently complete such remedy thereafter, Grantor may take such steps as are appropriate to remedy such default and the Minister shall be liable for and shall pay all reasonable costs and expenses incurred by Grantor in remedying the default. In the case of an emergency, the Grantor may, but has no obligation to, immediately take such steps as are appropriate to remedy such default and the Minister shall be liable for and shall pay all reasonable costs and expenses incurred by the Grantor in remedying the default.
Remedy on Default. In the event of any default hereunder, the Noteholder hereof shall have the option to declare the principal amount hereof plus any accrued interest herein to be immediately due and payable upon written notice by Noteholder to Maker without further notice, demand, presentment for payment, notice of intention to accelerate or acceleration. The Maker hereby guarantees payment of this Note and waives demand for payment, presentation for payment, notice of non-payment, protest, notice of protest, notice of dishonor, notice of acceleration of maturity, and any other such or similar notices. The Maker further agrees to pay all costs and expenses of collection, including reasonable attorneys' fees, incurred by Noteholder in collecting any indebtedness on this Note.
Remedy on Default. If an Event of Default is declared pursuant to (a) SECTION 5.2(b) with respect to dividends to be paid for the performance of Newco Finance during fiscal years 1998, 1999, and 2000 or (b) SECTION 5.2(j) with respect to a Libbey Change of Control or a Vitro Change of Control occurring on or before the third anniversary of this Agreement, then such Shareholder may, in addition to any other remedy at law or in equity, invoke the provisions of SECTION 5.5. If an Event of Default is declared at any time (a) by a Shareholder pursuant to any other subsection of SECTION 5.2, (b) by any party to this Agreement pursuant to SECTION 5.2(b) with respect to dividends to be paid for the performance of Newco Finance after fiscal year 2000, or (c) by a Shareholder pursuant to SECTION 5.2(j) with respect to a Libbey Change of Control or a Vitro Change of Control occurring after the third anniversary of this Agreement, then such Shareholder may, in addition to any other remedy at law or in equity, invoke the provisions of SECTION 5.4.
Remedy on Default. Upon the happening and continuance of an Event of Default hereunder, the Trustee may thereafter proceed to enforce its rights hereunder by any lawful procedures, including bringing suit on the Bonds or actions for mandamus requiring the Authority to perform each and every covenant contained in this Indenture, or by injunction to prevent the Authority from taking any action in violation of any covenant contained in this Indenture. Further, following an Event of Default described in Section 601(a), (b) or (c), and so long as such Event of Default has not been waived or corrected by the payment of all principal and interest on the Bonds then due, the Trustee may, at its option and following notice thereof to the Authority, direct the City Treasurer of the City or the County Treasurer of the County of Xxxxxx, Michigan, as the case may require, to deposit as received the Tax Increment Revenues, if any, directly to the Trustee for deposit in the Bond Fund. A delay or omission by the Trustee or any Bondholder in exercising any right or remedy accruing upon an Event of Default shall not impair the right or remedy or constitute a waiver of, or acquiescence in, the Event of Default. No remedy is exclusive of any other remedy. All available remedies are cumulative.
Remedy on Default. (a) In the case of default by Applicant in carrying out any of the provisions of this Agreement, Goliad County may give notice thereof to Applicant. If Applicant fails to commence to remedy such default within 15 days after receipt of such notice and diligently complete such remedy thereafter, Goliad County may take such steps as are appropriate to remedy such default and Applicant shall be liable for and shall pay all reasonable costs and expenses incurred by Goliad County in remedying the default. Without restricting or limiting any other remedy which Goliad County may have against Applicant at law or in equity or pursuant to the terms of this Agreement, in the event the Applicant fails to comply with the terms of this Agreement, the Applicant shall pay to Goliad County forthwith upon demand the sum of Two Thousand Five Hundred Dollars ($2,500.00) as liquidated damages for breach of the aforesaid covenant, it being agreed between Applicant and Goliad County that the actual damages to Goliad County in the event of such breach are impractical to ascertain and that the aforesaid amount is a reasonable estimate thereof.
Remedy on Default. In the case of default by Applicant in carrying out any of the provisions of this Agreement, Sun-Canadian may give notice thereof to Applicant. If Applicant fails to commence to remedy such default within 15 days after receipt of such notice and diligently complete such remedy thereafter, Sun-Canadian may take such steps as are appropriate to remedy such default and Applicant shall be liable for and shall pay all reasonable costs and expenses incurred by Sun-Canadian in remedying the default.
Remedy on Default. In the case of default by the Grantee in carrying out any of the provisions of this Agreement, the Commission may give FIFTEEN (15) DAYS notice thereof to the Grantee to rectify the same, and the Grantee covenants and agrees to proceed with due diligence to carry out the same. If the Grantee fails to proceed to remedy such default within the said FIFTEEN (15) DAY period, the Commission may take the necessary steps to remedy such default, and without limiting the above, may cancel this agreement and remove the Grantee’s Said Works from the right-of-way of the Commission and restore the Commission’s property to the condition in which it was prior to the occupation thereof by the Said Works. The Commission shall retain the right to enter upon and occupy their easement in order to install, remove, maintain and operate any number of sewer transmission lines or other works and appurtenances within the said Right-of-Way.
