The Authority’s Remedies. Upon the occurrence of any StadCo Event of
(a) So long as the StadCo Event of Default arises under either (i) Section 15.1(a)(i), but only if the amount due to the Authority is in excess of One Million and No/100 Dollars ($1,000,000.00), (ii) Section 15.1(a)(ii), (iii) Section 15.1(a)(iii), (iv) Section 15.1(a)(vii) or (v) Section 15.1(a)(v), but only if such failure results in a violation of Applicable Law that affects life safety, public health or the environment in any material respect or if such failure causes the Premises not to be available to host three (3) scheduled, ticketed Stadium Events in any 12-month period not as a result of a Force Majeure, the Authority may (but under no circumstance shall be obligated to) terminate this Agreement subject and pursuant to Section 15.4 and upon such termination the Authority may forthwith reenter and repossess the Premises by entry, forcible entry or detainer suit or otherwise, without demand or notice of any kind (except as otherwise set forth herein) and be entitled to recover, as damages under this Agreement, a sum of money equal to the total of (A) the cost of recovering the Premises, (B) the cost of removing and storing the StadCo Personal Property or any other occupant’s Property, (C) the unpaid sums accrued hereunder at the date of termination and (D) without duplication, any Damages. If the Authority shall elect to terminate this Agreement, the Authority shall at once have all the rights of reentry upon the Premises, without becoming liable for damages or guilty of trespass. For the avoidance of doubt, the foregoing StadCo Events of Default described in this Section 15.2(a) are the only StadCo Events of Default for which the Authority has the right to terminate this Agreement;
(b) the Authority may (but under no circumstance shall be obligated to) enter upon the Premises and do whatever StadCo is obligated to do under the terms of this Agreement (such right of the Authority, herein called the (“Authority Self Help Right”), including taking all reasonable steps necessary to maintain and preserve the Premises; and XxxxXx agrees to reimburse the Authority on demand for any reasonable expenses that the Authority may incur in effecting compliance with StadCo’s obligations under this Agreement (other than expenses of actually operating a business as opposed to Maintenance, repair, and restoration) plus interest at the Default Rate. No action taken by the Authority under this Section 15.2(b) shall relieve S...
The Authority’s Remedies. Subject to the rights of any Leasehold Mortgagees as provided in Section 17.3, for any StadCo Event of Default that remains uncured following the expiration of any applicable cure period set forth in Section 16.1(a), the Authority may, in its sole discretion, pursue any one or more of the following remedies:
The Authority’s Remedies. Upon the occurrence of any StadCo Event of Default and while such remains uncured, the Authority may, in its sole discretion, pursue any one or more of the following remedies:
(a) So long as the StadCo Event of Default arises under either (i) Section 15.1(a)(i), but only if the amount due to the Authority is in excess of One Million and No/100 Dollars ($1,000,000.00), (ii) Section 15.1(a)(ii), (iii) Section 15.1(a)(iii), (iv) Section 15.1(a)(vii) or (v) Section 15.1(a)(v), but only if such failure results in a violation of Applicable Law that affects life safety, public health or the environment in any material respect or if such failure causes the Premises not to be available to host three (3) scheduled, ticketed Stadium Events in any 12- month period not as a result of a Force Majeure, the Authority may (but under no circumstance shall be obligated to) terminate this Agreement subject and pursuant to Section 15.4 and upon such termination the Authority may forthwith reenter and repossess the Premises by entry, forcible entry or detainer suit or otherwise, without demand or notice of any kind (except as otherwise set forth herein) and be entitled to recover, as damages under this Agreement, a sum of money equal to the total of (A) the cost of recovering the Premises, (B) the cost of removing and storing the StadCo Personal Property or any other occupant’s Property, (C) the unpaid sums accrued hereunder at the date of termination and (D) without duplication, any Damages. If the Authority shall elect to terminate this Agreement, the Authority shall at once have all the rights of reentry upon the Premises, without becoming liable for damages or guilty of trespass. For the avoidance of doubt, the foregoing StadCo Events of Default described in this Section 15.2(a) are the only StadCo Events of Default for which the Authority has the right to terminate this Agreement;
(b) the Authority may (but under no circumstance shall be obligated to) enter upon the Premises and do whatever StadCo is obligated to do under the terms of this Agreement (such right of the Authority, herein called the (“Authority Self Help Right”), including taking all reasonable steps necessary to maintain and preserve the Premises; and StadCo agrees to reimburse the Authority on demand for any reasonable expenses that the Authority may incur in effecting compliance with StadCo’s obligations under this Agreement (other than expenses of actually operating a business as opposed to Maintenance, r...
The Authority’s Remedies. Any person authorised by the Authority shall be entitled, subject to reasonable notice, to inspect work being undertaken in relation to the Services at all reasonable times at the premises, the Contractor's premises or any Sub-Contractor's premises.
The Authority’s Remedies. Upon the occurrence of any StadCo Event of Default and while such remains uncured, the Authority may, in its sole discretion, pursue any one or more of the following remedies:
(a) So long as the StadCo Event of Default arises under either
(i) Section 15.1(a)(i), but only if the amount due to the Authority is in excess of One Million and No/100 Dollars ($1,000,000.00);
(ii) Section 15.1(a)(ii);
(iii) Section 15.1(a)(iii) (but subject to Section 15.4(c) (Limitations with Respect to Non-Relocation Agreement) below);
(iv) Section 15.1(a)(v), but only (x) if such StadCo Event of Default results in a violation of Applicable Law that adversely affects life safety, public health or the environment in any material respect or (y) if such StadCo Event of Default causes the Premises not to be available to host ticketed Stadium Events for a period of six (6) consecutive months (or for more than one hundred eighty (180) days in any twelve (12) month period) not as a result of a Force Majeure; or
(v) Section 15.1(a)(ix), but only if the Authority has provided StadCo with written notice of a potential StadCo Event of Default, in accordance with Section 19.3 (Notices), within seventy-five (75) days of StadCo’s delivery to the Authority of a schedule from MLB for the relevant MLB Season which sets forth details regarding the location of each of the Team’s MLB Home Games (including the location of the MLB Home Games giving rise to the Event of Default described in Section 15.1(a)(ix)); provided that the Authority shall not be required to provide such written notice to StadCo in order for the Authority to exercise its right to terminate this Agreement pursuant to this Section 15.2(a)(v) if StadCo fails to deliver to the Authority a schedule from MLB for the relevant MLB Season that specifies the location at which each of the Team’s MLB Home Games will be played during such MLB Season (including the location of the MLB Home Games giving rise to the Event of Default described in Section 15.1(a)(ix)). For the avoidance of doubt, if (i) after StadCo’s delivery to the Authority of a schedule from MLB for the relevant MLB Season setting forth details regarding the location of each of the Team’s MLB Home Games MLB modifies the location of any of the Team’s MLB Home Games and the resulting modification would give rise to the Event of Default described in Section 15.1(a)(ix) and (ii) StadCo fails to deliver to the Authority a modified schedule in accordance with this Section 15.2(a)(v...
The Authority’s Remedies. Upon the occurrence of any StadCo Event of
(a) So long as the StadCo Event of Default arises under either (i) Section 15.1(a)(i), but only if the amount due to the Authority is in excess of One Million and No/100 Dollars ($1,000,000.00), (ii) Section 15.1(a)(ii), (iii) Section 15.1(a)(iii), (iv) Section 15.1(a)(vii) or (v) Section 15.1(a)(v), but only if such failure results in a violation of Applicable Law that affects life safety, public health or the environment in any material respect or if such failure causes the Premises not to be available forto host three (3) scheduled, ticketed Stadium Events in any 12-month period not as a result of a Force Majeure, the Authority may (but under no circumstance shall be obligated to) terminate this Agreement subject and pursuant to Section
The Authority’s Remedies. Upon the occurrence of any StadCo Event of Default and while such remains uncured, the Authority may, in its sole discretion, pursue any one or more of the following remedies:
(a) So long as the StadCo Default arises under either (i) Section 15.1(a)(i), but only if the amount due to the Authority is in excess of One Million and No/100 Dollars ($1,000,000.00),
The Authority’s Remedies. Upon a Developer Event of Default, the Authority shall be entitled to elect any or all remedies at law or in equity that may accrue as a consequence of such Developer Event of Default, including, without limitation, the following remedies: (a) termination of this Agreement; or (b) pursuit of specific performance of this Agreement or injunctive relief. Alternatively, the Authority has the right to waive in writing such Developer Event of Default. As a condition precedent to exercise of any of such remedies, the Authority shall have sent a copy of any applicable notice alleging the default that became the basis of the Developer Event of Default to the Construction Lender at the last known address for such lender contained in the Authority’s files; provided the Authority has received written notice (via certified U.S. Mail, return receipt requested) of the Construction Lender’s address from the Developer or the Construction Lender.
The Authority’s Remedies. Upon the occurrence of an Event of Default, the following remedies, which shall be cumulative, shall be available to the Authority:
a. The Authority may exercise any remedy provided by law or in equity, including but not limited to the remedies hereinafter specified, subject to the terms hereof.
i. By mandamus or other proceeding at law or in equity, cause Rail Company to remit to the Authority funds sufficient to enable the Authority to cure the Event of Default.
ii. By action or suit in equity, require Rail Company to account for all moneys owed to the Authority pursuant to this Agreement.
iii. By action or suit in equity, seek to enjoin any acts or things which may be unlawful.
iv. By applying to a court of competent jurisdiction, seek to cause the appointment of a receiver to manage the Rail Project, establish and collect fees and charges, and apply the revenues to the reduction of the obligations under this Agreement.
v. By suing Rail Company, for payment of amounts due, or becoming due, with interest on overdue payments together with all costs of collection, including attorneys’ fees.
vi. Because the Authority has given up the right to seek termination for all events of default that are not a Termination Event of Default, the Parties acknowledge the Authority’s right to seek specific performance without the necessity of proving that money damages are not available.
The Authority’s Remedies. Upon the occurrence of any StadCo Event of Default and while such remains uncured, the Authority may, in its sole discretion, pursue any one or more of the following remedies:
(a) the Authority may (but under no circumstance shall be obligated to) terminate this Agreement subject and pursuant to Section 15.4 and upon such termination the Authority may forthwith reenter and repossess the Premises by entry, forcible entry or detainer suit or otherwise, without demand or notice of any kind (except as otherwise set forth herein) and be entitled to recover, as damages under this Agreement, a sum of money equal to the total of (i) the cost of recovering the Premises, (ii) the cost of removing and storing the StadCo Personal Property or any other occupant’s Property, (iii) the unpaid sums accrued hereunder at the date of termination and
