Agency Default definition
Examples of Agency Default in a sentence
Upon occurrence of an Agency Default, the Authority shall be entitled, without prejudice to its other rights and remedies under this Agreement including its rights of Termination hereunder, to (i) suspend all rights of the Agency under this Agreement including the Agency’s right to receive Payment for a specified period, and (ii) exercise such rights itself or authorise any other person to exercise the same on its behalf during such suspension (the “Suspension”).
If the termination is due to Agency Default, no Termination compensation shall be due or payable by the Authority to the Agency and the entire Performance Security would be forfeited.
In the event of an Agency Default, Vertical Developer shall have the right to institute an action for injunctive relief, including specific performance of this Agreement.
Upon occurrence of an Agency Default during the Term, the Authority shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to encash and appropriate the relevant amounts from the Performance Security as Damages/Liquidated Damages for such Agency Default.
Upon replenishment or furnishing of a fresh Performance Security, as the case may be, as aforesaid, the Agency shall be entitled to an additional Cure Period of 30 (thirty) days for remedying the Agency Default, and in the event of the Agency not curing its default within such Cure Period, the Authority shall be entitled to encash and appropriate such Performance Security as Damages/Liquidated Damages, and to terminate this Agreement in accordance with Article 18.1.
Promptly upon obtaining actual knowledge thereof, Lessee shall notify Lessor, the Agents and the Lessor Hedging Agreement Counterparties in writing of the existence of a Lease Default, Lease Event of Default, Construction Agency Default or Construction Agency Event of Default which notice shall describe the nature of such Lease Default, Lease Event of Default, Construction Agency Default or Construction Agency Event of Default, as applicable.
With respect to a Agency Default described in Section 19.7(A), the Redeveloper shall be entitled to recover from the Agency any and all actual damages, including reasonable attorneys’ fees incurred by the Redeveloper, arising out of or resulting from the breach of such representation or warranty.
CGM shall, without prejudice to its other rights and remedies hereunder, in law or equity, have the unqualified right to encash and appropriate the Performance Security in part or in full, in the event of a failure or default of the Agency to comply with its obligations laid down in this Agreement, including an Agency Default, the Agency’s failure to meet any Condition Precedent, or the Agency’s failure to pay any sums (including Damages) due hereunder.
Promptly upon obtaining actual knowledge thereof, the Lessee and/or the Construction Agent shall notify the Lessor and the Agents in writing of the existence of a Lease Default, Lease Event of Default, Construction Agency Default or Construction Agency Event of Default which notice shall describe the nature of such Lease Default, Lease Event of Default, Construction Agency Default or Construction Agency Event of Default, as applicable.
The Termination Notice must specify the type of Agency Default which has occurred entitling the Contractor to terminate.