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. 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. 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 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. 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. If City has failed to cure it’s Default after notice and an opportunity to cure as provided in Section 8.1. [Default], Developer may pursue any legal or equitable remedy available to it under this Agreement without further notice to City, except as may be required under the law for service of summons and other legal papers. It is acknowledged by the parties that City would not have entered into this Agreement if City was to be subject to or liable for monetary damages under or with respect to this Agreement or the application thereof. Developer, for himself or any successor thereto, expressly waives the right to seek monetary damages against the City or any officer, employee, or agent thereof, for any default or breach of this Agreement. Developer covenants and agrees not to sue for or claim any damages -- including monetary damages -- for any purported breach of this Agreement by City.
Default by City. City is in default under this Agreement if:
Default by City. In the event of default by the City, the Property Owner may, if such default is not fully corrected within 60 days from giving written notice of such default to the City, terminate this Agreement. Upon such termination, both the Property Owner and the City shall be relieved of all further obligations hereunder, but the Property Owner shall not be relieved of the obligation to pay any amounts that accrued prior to such termination. In the event of termination, the City shall have the right to repeal the ordinance designating the affected area as an industrial district. Provided, however, if the termination occurs as a result of the City’s exercising its option to terminate (as provided in the first sentence of this Section X), the City shall not have the right to annex the affected area into the general corporate limits of the City so as to subject the affected area to ad valorem taxes for any part of the period covered by the Property Owner’s last payment hereunder.
Default by City. City shall be in default if City fails to perform its obligations under this Lease within thirty (30) days after its receipt of notice of nonperformance from Lessee; provided, that if the default cannot reasonably be cured within the thirty (30) day period, City shall not be in default if City commences the cure within the thirty (30) day period and thereafter diligently pursues such cure to completion. Upon City’s default, Lessee may pursue any remedies at law or in equity that may be permitted from time to time by the laws of the State of Washington.
