Rights of City. On the occurrence of an OSEG Event of Default or any time thereafter while it is subsisting, the City may:
(a) serve Notice of default on OSEG requiring OSEG, at OSEG’s option:
(i) in the case of an OSEG Event of Default other than pursuant to section 20.1(f) of the Project Agreement, to remedy or cause to be remedied the OSEG Event of Default referred to in such Notice of default (if it is continuing) within thirty (30) days following receipt by OSEG of the City’s Notice of Default, provided that with respect to a non-monetary OSEG Event of Default, the thirty (30) day period to remedy an OSEG Event of Default shall be extended to such greater period than thirty
Rights of City. The parties understand that this Agreement in no way limits the property rights of the City with regard to the Maintenance Area.
Rights of City. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other Agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy.
Rights of City. All rights of City under the DA and all obligations to City under the DA which were enforceable by City against Assignor [with respect to the Transferred Property] prior to the Assignment Effective Date shall be fully enforceable by City against Assignee from and after the Assignment Effective Date.
Rights of City. Subject to the rights of the Leasehold Deed of Trust Beneficiaries set forth in Section 5.4 above; and provided further that with respect to an Event of Default
(a) this Ground Lease is terminated pursuant to Article XIV, or (b) the City re-enters or obtains possession of the Premises by summary proceedings or any other action or proceeding, or (c) the City re- enters or obtains possession by any other legal act (which the City may do without further notice and without liability or obligation to the Developer or any occupant of the Premises if this Ground Lease is terminated pursuant to Article XVI), all of the provisions of this Section shall apply (in addition to any other applicable provisions of this Ground Lease):
(a) The Developer shall immediately vacate the Premises and surrender the Premises to the City in good order, condition and repair, excepting reasonable wear and tear and damage that is not the Developer’s obligation to repair; and, if the Developer fails to surrender the Premises in such condition, the Developer shall reimburse the City for all costs incurred by the City to restore the Premises to such condition.
(b) The City, at the City’s option, may (i) relet the Premises, or any portion of the Premises, from time to time, in the name of the City, the Developer or otherwise, as determined by the City, to any person and on any terms, but the City shall have no obligation to relet the Premises, or any portion of the Premises, or to collect any rent (and the failure to relet the Premises, or any portion of the Premises, or to collect any rent shall not impose any liability or obligation on the City or relieve the Developer of any obligation or liability under this Ground Lease), and (ii) make any changes to the Premises as the City, in the City’s judgment, considers advisable or necessary in connection with a reletting, without imposing any liability or obligation on the City or relieving the Developer of any obligation or liability under this Ground Lease.
(c) The Developer shall pay the City the following amounts:
(i) All Rent payable to the date on which this Ground Lease is terminated or the City reenters or obtains possession of the Premises; and
(ii) Any deficiency between (i) the aggregate Rent for the period which otherwise would have constituted the unexpired portion of the Term (conclusively presuming the Additional Rent for each year thereof to be the same as was payable for the 12 month period immediately preceding the terminati...
Rights of City. Subject to the rights of the Leasehold Deed of Trust Beneficiaries under this Ground Lease, if (a) this Ground Lease is terminated pursuant to Article XIV, or
Rights of City. Upon Making Loans 7
Rights of City. As a party to this Declaration, City is entitled to the following rights:
a. City has the right, but not the obligation, to enforce all of the provisions of this Declaration.
b. Any amendment to the Declaration shall require the written consent of City.
c. This Declaration does not in any way infringe on the rights or duties of City to enforce any of the provisions of the Code including, but not limited to, the abatement of dangerous buildings.
Rights of City. Following an Event of Default by Xxxxxx, in addition to any other remedies available to City at law or in equity, City shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice to Tenant of such intention to terminate. In the event that City shall elect to so terminate this Lease, then City may recover from Tenant:
(1) The worth at the time of award of any unpaid Rent that had been earned at the time of such termination; plus
(2) The worth at the time of award of the amount by which the unpaid Rent, which would have been earned after termination until the time of award, exceeds the amount of such Rent loss Tenant proves could have been reasonably avoided; plus
(3) The worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such Rent loss that Tenant proves could be reasonably avoided; plus
(4) Any other amount necessary to compensate City for all the detriment proximately caused by Xxxxxx’s failure to perform its obligations under this Lease or which in the ordinary course of events would be likely to result therefrom, including, without limitation, all costs and expenses incurred by City in (i) retaking possession of the Premises, including reasonable attorney fees; (ii) maintaining or preserving the Premises;
Rights of City. If
(i) the Concessionaire shall fail or neglect to commence the diligent Restoration of the Metered Parking System or the portion thereof so damaged or destroyed, (ii) having so commenced such Restoration, the Concessionaire shall fail to diligently complete the same in accordance with the terms of this Agreement or (iii) prior to the completion of any such Restoration by the Concessionaire, this Agreement shall expire or be terminated in accordance with the terms of this Agreement, the City may, but shall not be required to, complete such Restoration at the Concessionaire’s expense and shall be entitled to be paid out of the Restoration Funds, but such payment shall not limit the Concessionaire’s obligation to pay the City’s reasonable Restoration expenses, less amounts received by the City from such Restoration Funds. In any case where this Agreement shall expire or be terminated prior to the completion of the Restoration, the Concessionaire shall (x) account to the City for all amounts spent in connection with any Restoration which was undertaken, (y) pay over or cause the Depositary to pay over to the City, within 30 Days after demand therefor, the remainder, if any, of the Restoration Funds received by the Concessionaire prior to such termination or cancellation and