Agency Default. Agency will be in default under this Agreement if it fails to perform, observe or discharge any of its covenants, agreements or obligations under this Agreement.
Agency Default. In addition to the default provisions described in Section 12 of this Agreement (“Agency Default”), Agency shall be in default under this Agreement upon the occurrence of any of the following events:
Agency Default a. In the event Agency is in default under this Agreement, ODOT may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: (i) termination of this Agreement, (ii) reducing or withholding payment for work or deliverables that Agency has failed to deliver within any scheduled completion dates or has performed inadequately or defectively, (iii) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, including for interest within the limits of ORS 293.462, and (iv) exercise of its right of recovery of overpayments under this Agreement or setoff, or both.
Agency Default. An event of default on the part of Agency (“Agency Event of Default”) shall arise hereunder if Agency fails to keep, observe, or perform any of its covenants, duties, or obligations under this Agreement, and the default continues for a period of thirty (30) days after written notice thereof from Developer to Agency, or in the case of a default which cannot with due diligence be cured within thirty (30) days, Agency fails to commence to cure the default within ninety (90) days of such notice and thereafter fails to prosecute the curing of such default with due diligence and in good faith to completion.
Agency Default. 3406 Agency shall be in default under this Agreement (“Agency Default”) in the event Agency 3407 commits a material breach of the Agreement and fails to cure such breach within thirty (30) days 3408 after receiving notice from the Contractor specifying the breach, provided that if the nature of the 3409 breach is such that it will reasonably require more than thirty (30) days to cure, Agency shall not 3410 be in default so long as Agency promptly commences the cure and diligently proceeds to 3411 completion of the cure. 3412 In the event of an asserted Agency Default, Contractor shall continue to perform all of its 3413 obligations hereunder until a court of competent jurisdiction has issued a final judgment 3414 declaring that Agency is in Default.
Agency Default. DRAFT Agency will be in default under this Agreement if Agency fails to perform, observe or discharge any of its covenants, agreements, or obligations under this Agreement.
Agency Default. If the Agency defaults under this Agreement and does not cure such default within fifteen (15) days after written notice thereof from the Purchaser, the Purchaser shall, as the Purchaser’s sole alternative remedies, elect to either (a) accept from Agency a sum equal to the Xxxxxxx Money as liquidated damages, or (b) seek specific performance. In no event shall the Agency be liable to the Purchaser for any damages (other than the liquidated damages referred to in Subsection (a) of the foregoing sentence).
