Xxxxxx Default. Any default by Sivla in the purchasing of media on behalf of Client, or party failure by Sivla to fulfill any other provisions of this Agreement shall entitle Client, at its sole option, to terminate this Agreement upon ten (10) days notice in accordance with Section 9, below. Notwithstanding any provision hereof to the contrary, Sivla shall be obligated in the event of such termination to return all shares issued to it or its designees for which Advertising Media have not been booked hereunder and subject to verification under Section 4.g. hereof.
Xxxxxx Default. (a) Each of the following shall constitute an "Xxxxxx Event of Default":
Xxxxxx Default. Lessor shall be deemed in breach of this Lease if: a) in the event of any monetary breach of this Lease by Lessor, County shall notify Lessor in writing of such breach, and Lessor shall have ten (10) days from such notice in which to cure said breach or b) in the event of any non- monetary breach of this Lease, Lessor fails within twenty (20) days after receipt by Lessor of written notice specifying wherein such obligation of Lessor has not been performed; provided however, that if the nature of Lessor’s obligation is such that more than twenty (20) days after such notice are reasonably required for its performance, then Lessor shall not be in breach of this Lease if performance is commenced as soon as reasonably possible within such twenty (20) day period and thereafter diligently pursued to completion (each, a “Lessor Default”).
Xxxxxx Default. If Lessor fails to perform any of the covenants, provisions or conditions in this Lease to be performed by Lessor, and if such failure continues for 30 days after Lessor receives written notice of default (or if more than 30 days is required because of the nature of the default, if Lessor fails to commence the curing of such default within the 30 day period and fails to proceed diligently to completion), then Lessor shall be responsible to Lessee for any actual damages sustained by Lessee as a result of Lessor’s breach, but not special or consequential damages. Lessee shall have no right to terminate this Lease, except as expressly provided elsewhere in this Lease.
Xxxxxx Default. 44 ARTICLE VIII ACCELERATION, WAIVERS, AMENDMENTS AND REMEDIES
Xxxxxx Default. There shall occur a "Default" under the Xxxxxx Credit Agreement.
Xxxxxx Default. Xxxxx will be in default if Xxxxx (i) becomes insolvent or fails to pay its debts when due; (ii) makes an assignment for the benefit of creditors, or seeks relief under any bankruptcy law or similar law for the protection of debtors, or suffers a bankruptcy petition to be filed against it or a receiver or trustee appointed for substantially all of its assets, and the same is not removed within thirty (30) days; (iii) breaches any material term, covenant or condition of this Agreement; (iv) any material representation or warranty made by Xxxxx hereunder proves to be inaccurate; or (v) attempts to make any assignment or transfer of this Agreement without first obtaining Spyglass's consent as required by paragraph 23, below. Notwithstanding anything to the contrary contained herein, a default by Xxxxx that is applicable to Picture shall not be deemed a default as to any other Picture, and no default hereunder by Xxxxx with respect to a Picture shall in any way relieve Spyglass of its obligations hereunder with respect to any other Picture; provided, however, that nothing contained herein shall obligate Spyglass to continue to deliver Pictures hereunder for which Xxxxx has not yet paid any portion of the Minimum Guarantee for such Picture after an event of default by Xxxxx.
Xxxxxx Default. In the event any breach or default by Xxxxx under this Agreement (including a breach by Xxxxx of any of its representations and warranties hereunder or Xxxxx’x failure or refusal to perform its obligations hereunder), then CWI, as its sole remedy for a pre-Closing default, may elect as its sole and exclusive remedy either to (i) terminate this Agreement by written notice to Xxxxx whereupon Escrow Agent shall immediately return the Xxxxxxx Money and obtain reimbursement from Xxxxx of CWI’s actual (and reasonably verifiable) out of pocket expenses incurred in this transaction not to exceed One Hundred Twenty-Five Thousand Dollars ($125,000); or (ii) maintain an action for specific performance; provided that, in the event CWI elects to maintain an action for specific performance, (a) CWI shall provide written notice to Xxxxx of CWI’s intention thereto, and (b) CWI’s claim for specific performance shall be filed against Xxxxx on or before sixty (60) days following the Closing Date, failing which, CWI shall be barred from enforcing the obligations by specific performance. In the event that a court prohibits specific performance or CWI fails to file its claim within the sixty (60) day period set forth in the immediately preceding sentence, CWI may pursue a claim for monetary damages in an amount not to exceed CWI’s actual (and reasonably verifiable) out of pocket expenses incurred in this transaction not to exceed One Hundred Twenty-Five Thousand Dollars ($125,000).
Xxxxxx Default. 14 16. REMEDIES ............................................................. 14 a. Section 1951.4 Remedy ............................................. 15
Xxxxxx Default. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Xxxxxx. For purposes of this paragraph 15.b., a reasonable time shall in no event be less than thirty (30) days after receipt by Lessor, and by the holders of any ground lease, mortgage or deed of trust covering the Premises, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days after such notice are reasonably required for its performance, then Lessor shall not be in breach of this Lease if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion.
