Default by City. City shall not be in default under this Agreement unless City fails to perform an obligation required of City under this Agreement within twenty (20) days after written notice by Tenant to City. If the nature of City's obligation is such that more than twenty (20) days are reasonably required for performance or cure, City shall not be in default if City commences performance within such twenty (20) day period and thereafter diligently prosecutes the same to completion. In no event may Tenant terminate this Agreement or withhold the payment of rent or other charges provided for in this Agreement as a result of City’s default.
Default by City. City shall not be in default under this Agreement unless City fails to perform an obligation required of City under this Agreement within twenty (20) days
Default by City. In the event of termination for non-performance or default by City after City’s issuance of notice to proceed on a project task order, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder.
Default by City. In the event City does not accept, review, approve, or issue any permits or approvals in a timely fashion, as defined by this Agreement, or if City otherwise defaults under the terms of this Agreement, City agrees that Developer shall not be obligated to proceed with or complete the Project, and shall constitute grounds for termination or cancellation of this Agreement by Developer.
Default by City. In the event CITY fails to comply with any of its obligations under this Lease and such failure continues for thirty (30) days after notice from AMTRAK of such failure (or for such longer period of time as may be required to cure such failure if CITY is diligently pursuing such cure), then in that event, AMTRAK shall have all rights and remedies provided by law. In the event CITY’s failure to perform any of its obligations under this Lease creates an emergency affecting the safety of AMTRAK employees and customers and the failure continues for more than twenty-four (24) hours after notice from AMTRAK, AMTRAK may take any reasonable actions to cure such failure and otherwise provide for the safety of its employees and customers and the cost thereof actually incurred by AMTRAK, including, but not limited to, the cost of labor, materials and equipment shall be paid by CITY within ten (10) days of receipt of a statement of said cost from AMTRAK. § [1104] Abandonment -Title to Fixtures and Equipment If AMTRAK shall abandon, subject to Section 1101, vacate or surrender said Premises or be dispossessed by process of law, or otherwise, any furniture, trade fixtures, business equipment or other personal property belonging to AMTRAK and left on the Premises shall, at the option of CITY, be deemed to be abandoned and title thereto shall thereupon pass to CITY without any payment or allowance whatever by CITY on account of such property; provided, however, CITY shall have given AMTRAK at least thirty (30) days prior notice to remove such property,. In such event such property may be retained by CITY as CITY’s property or be disposed of, without accountability, in such manner as CITY elects. § [1105] No Recourse AMTRAK, other than judicial award, agrees that it shall have no recourse with respect to any obligation of CITY under this Lease, or for any claim based upon this Lease, or otherwise, against any incorporator, shareholder, officer, director or attorney, past, present or future of CITY, or against any other person than CITY, and against CITY only to the extent of the value of the land and improvements, whether by virtue of any constitution, statute, rule of law, rule of equity, enforcement of any assessment as penalty, or by reason of any matter prior to the execution and delivery of this Lease, or otherwise, all such liability, by AMTRAK’s execution and delivery hereof and as part of the consideration for CITY’s obligations hereunder being expressly waived.
Default by City. CITY will be considered in default of this Lease if CITY fails to fulfill any of the terms, covenants, or conditions set forth in this Lease.
Default by City. If default shall be made in any of the covenants herein agreed to be kept or performed by City, and such default shall continue for sixty (60) days after written notice to City, this Lease may be terminated by Landlord; provided, however, that any delay in payment of Rent due to delay in accounting, financial or budgetary procedures by City shall not be deemed a default unless such delay shall continue thirty (30) days or more from the date such payment was due.
Default by City. City shall be deemed in breach of this Agreement if it materially breaches any of the provisions of this Agreement and the same is not cured within the time set forth in a written notice of default from Developer to City, which period shall not be less than ten (10) days from the date the notice is deemed received, provided if City cannot reasonably cure the breach within the time set forth in the notice, City fails to commence to cure the breach within such time limit and diligently effect such cure thereafter.
Default by City. City is in default under this Agreement if:
(i) City fails to pay Provider any amount pursuant to the terms of this Agreement, and City fails to cure such failure within thirty (30) calendar days after Provider’s notice or such longer period as Provider may specify in such notice; or
(ii) City commits any material breach or default of any covenant, warranty, or obligation under this Agreement, and such breach or default is not cured within thirty (30) calendar days after Provider’s notice or such longer period as Provider may specify in such notice.
Default by City. The City shall be deemed in default in the event of a failure by the City in the performance of this Development Agreement; provided, however, the City shall be deemed in default only after (a) the Developer provides the City with written notice of default setting forth the nature of the default and the actions, if any, required by the City to 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, which actions must be commenced within such sixty (60) day period and diligently pursued to cure such default, and (b) City fails to cure or commence to cure the default within such time period.
