Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default.
Appears in 6 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within sixty (60) 60 days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) 60 day period and to diligently proceed to complete such actions and cure such default.
Appears in 6 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within sixty ninety (6090) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty ninety (6090) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty ninety (6090) day period and to diligently proceed to complete such actions and cure such default.
Appears in 1 contract
Samples: Development Agreement
Termination of Agreement for Default of CITY. OWNER Owner may terminate this Agreement only in the event of a default by CITY City in the performance of a material term of this Agreement and only after providing written notice to CITY City of default setting forth the nature of the default and the actions, if any, required by CITY City to cure such default and, where the default can be cured, CITY City has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. Notwithstanding anything to the contrary, in the event that Owner deem it is necessary and/or advisable to cease operations in Commerce, then Owner may terminate this Agreement, and such termination shall be effective upon the date of written notice to the City.
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