County Remedies. If Contractor is in breach under any provision of this Agreement and fails to cure such breach following notice and 30 days to cure as provided in §4 above, County may terminate this Agreement or any portion of this Agreement, or in its sole discretion choose one or more of the following remedies: Withhold payment to Contractor until Contractor cures its breach; or suspend Contractor’s performance, pending corrective action by Contractor, with respect to all or any portion of the Work, which may include immediate removal from the Work of any Contractor’s employees, agents or subcontractors whom County deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable with respect to the Work. If County terminates this Agreement, Contractor shall take all actions necessary to carry-out the termination on the date specified in the termination notice and to minimize the liability of Contractor and County to third parties. All such actions shall be subject to prior approval of County and shall include, without limitation, the following: Halting performance of all services and other work under the Agreement on the date(s) and in the manner specified by County; Not placing any further orders or subcontracts for materials, services, equipment, or other items; Terminating all existing orders and subcontracts in a manner that minimizes liability to the greatest extent feasible under the circumstances; At County’s direction, assigning to County any or all of Contractor’s right, title, and interest under the orders and subcontracts terminated. Upon such assignment, County shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; Subject to County’s approval, settling all outstanding liabilities and all claims arising out of the termination of orders and subcontracts; Completing performance of any services or work that County designates to be completed prior to the date of termination specified by County; Taking such action as may be necessary, or as County may direct, for the protection and preservation of any property related to this Agreement which is in the possession of Contractor and in which County has or may acquire an interest. Contractor shall be liable to County for any damages sustained by County in connection with any breach by Contractor, and County may withhold payment to Contractor for purposes of mitigating damages and losses sustained by County in co...
County Remedies. If the Tenant Default is a result of a monetary breach by Tenant in the payment of the Rent or Additional Rent, pursuant to Clause 9 (RENT), County may, at the County’s sole discretion, a) declare all Rent payments to the end of Tenant’s current fiscal year to be due, including any delinquent rent from prior budget years or b) terminate the Lease. County’s remedies as the result of Tenant Default for monetary or non-monetary breach shall be the right to damages, injunctive relief, and/or any other rights at law or in equity. No delay or omission of County to exercise any right or remedy shall be construed as a waiver of such right or remedy or of any Tenant Default hereunder.
County Remedies. County’s remedies as the result of City Default shall be the right to damages, injunctive relief, and/or any other rights at law or in equity.
County Remedies. If Lessor fails to provide the Services within fifteen (15) days after HCA/Facilities Services Manager provides written notice thereof to Lessor specifying any such default and affording Lessor such fifteen (15) day period to complete the cure of such default, provided, however, that if the cure cannot reasonably be completed within such time period, Lessor shall be afforded an additional reasonable amount of time to complete the cure, as long as Lessor commences the cure within such time period and diligently pursues same to completion, without limiting any available remedy to County (including, but not limited to, County Remedies as defined in Clause 28 (DEFAULTS AND REMEDIES)), County may (upon written notice to Lessor and Xxxxxx’s lender, to the extent contact information for such lender has been provided in writing to County), and, at its sole discretion, perform or arrange for the performance of such Services, and deduct the cost thereof plus an administrative charge of ten percent (10%) of the cost from any Rent payable without further notice; or in the event that Lessor fails to provide required Services to the Premises sixty (60) days after the 15-day written notice, above, to Lessor, Lessor shall be obligated to pay a penalty to County of five hundred dollars ($500.00) per day until such Services are provided by Lessor.
County Remedies. If the Lessor Default is a result of a monetary breach by Lessor in the payment of any amounts due hereunder, County may withhold such amount from the next scheduled Rent payment. County’s remedies as the result of Lessor Default for monetary or non-monetary breach shall be the right to damages, injunctive relief, and/or any other rights at law or in equity.
County Remedies a. County shall have the right to terminate this Agreement in addition to any other legal remedy in the event of a material breach that is not cured within ten (10) calendar days or additional time granted by County.
b. County's remedies for any breach are non‐cumulative and in addition to any other remedy available to the County.
c. If the County determines any breach has occurred, County may require Contractor to submit a corrective action plan. Failure to submit and implement any requested corrective action plan may be considered a material breach.
County Remedies. If GRANTEES are in breach under any provision of this GRANT AWARD AGREEMENT and fails to cure such breach, the COUNTY, following the notice and cure period shall have all of the remedies listed in this section, in addition to all other remedies set forth in this GRANT AWARD AGREEMENT or as otherwise provided by law. The COUNTY may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively.
County Remedies. If LESSOR fails to provide the Services within fifteen 14 (15) days after SSA/Facilities Services Manager provides written notice thereof to LESSOR specifying any such default and affording LESSOR such 15 fifteen (15) day period to complete the cure of such default, provided, 16 however, that if the cure cannot reasonably be completed within such time 17 period, LESSOR shall be afforded an additional reasonable amount of time to complete the cure, as long as LESSOR commences the cure within such 18 time period and diligently pursues same to completion, without limiting any 19 available remedy to COUNTY, COUNTY may, upon written notice to 20 LESSOR and LESSOR’s lender, to the extent contact information for such lender has been provided in writing to COUNTY, and, at its sole discretion, 21 perform or arrange for the performance of such Services, and deduct the cost 22 thereof plus and administrative charge of ten percent (10%) of the cost from 23 any Monthly Rent payable without further notice. Additionally, in the event that LESSOR fails to provide required Services to the Premises sixty (60) 24 days after the 15-day written notice, above, to LESSOR, LESSOR shall be 25 obligated to pay a penalty to COUNTY of Twenty Five Dollars ($25) per 26 day until such Services are provided by LESSOR.
County Remedies. 20 21 If the LESSOR Default is a result of a monetary breach by LESSOR in the payment of any amounts due hereunder, COUNTY may withhold such amount from the next scheduled Rent payment. COUNTY’s 22 remedies as the result of LESSOR Default for monetary or non-monetary breach shall be the right to 23 damages, injunctive relief, and/or any other rights at law or in equity.
County Remedies. COUNTY’s remedies as the result of CITY Default shall be the right to damages, injunctive relief, and/or any other rights at law or in equity. CITY’s remedies as the result of COUNTY Default shall be the right to damages, injunctive relief, and/or any other rights at law or in equity. In addition to the remedies set forth herein, in the event of a CITY Default or a COUNTY Default, the non- defaulting Party may immediately terminate this Lease. Such termination shall be deemed effective thirty (30) days after the non-defaulting party provides written notice to the defaulting party that it is terminating this Lease pursuant to this Section. Upon termination of this Lease, COUNTY shall remove all COUNTY- owned property and equipment from the Premises in a timely manner. The occurrence of any of the following shall constitute an event of default: • Failure to pay any installment of any monetary amount due and payable hereunder; • Failure to perform any obligation, agreement or covenant under this Lease. In the event of any non-monetary breach of this Leasean event of default by COUNTY, CITY shall notify COUNTY in writing of such breach, and COUNTY shall have fifteen (15) days in which to initiate action to cure said breach. In the event of any non-monetary breach of this Leaseanevent of default by CITY, COUNTY shall notify CITY in writing of such breach and CITY shall have fifteen (15) days in which to initiate action to cure said breach. In the event of any monetary breach of this Lease by COUNTY, CITY shall notify COUNTY in writing of such breach, and COUNTY shall have fifteen (15) days in which to cure said breach, unless specified otherwise within this Lease. In the event of any monetary breach of this Lease by CITY, COUNTY shall notify CITY in writing of such breach, and CITY shall have fifteen (15) days in which to cure said breach, unless specified otherwise within this Lease. In the event any such monetary breach by COUNTY in the payment of the monthly rent, pursuant to the clause entitled (RENT) herein, is not cured within said fifteen (15) day period, CITY may declare all rent payments to the end of COUNTY's current fiscal year to be due, including any delinquent rent from prior budget years. However, in no event shall CITY be entitled to a remedy of acceleration of the total rent payments due over the term of this Lease.
