Common use of Remedy on Default Clause in Contracts

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.

Appears in 5 contracts

Samples: Indemnity Contract, Indemnity Contract, Pipeline Construction And

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