Breach by City. Parties agree that in the event of a breach by the City, Owner's remedies shall be limited to specific performance, and under no circumstances shall the Owner be entitled to seek or recover monetary damages or other monetary relief.
Breach by City. Each of the following shall constitute a Breach on the part of the City:
Breach by City. If Xxxxxx believes that CIty has materially breached this Agreement, Xxxxxx will first notify the City in writing of the purported breach, giving the City sixty (60) days from receipt of such notice to cure such breach. In the event City does not then cure or, if the breach is not reasonably susceptible to cure within that sixty (60) day period, begin to cure within sixty (60) days and thereafter diligently prosecute such cure to completion, then Tenant may either (i) terminate in writing this entire Agreement, or (ii) seek specific performance of this Agreement.
Breach by City. Upon the occurrence of any of the following events: (i) the City discontinues or abandons construction for more than thirty (30) days or otherwise fails to adhere materially to the City’s New Schedule; (ii) Construction Completion is not achieved on or before the completion deadline set forth in the City’s New Schedule; or (iii) the City fails to comply with any other terms of this Agreement or the City’s Completion Conditions, then upon the City’s failure to remedy any such breach within thirty (30) days’ written notice thereof, the City’s Completion Rights shall terminate and Lender, by itself or through a Receiver, shall have the right to take full possession of the Property, remove the City, its agents, and any of the City’s Contractors from the Property, and complete construction of the Project.
Breach by City. (a) Eon Entities shall provide notice to the City of a breach in writing, identifying the nature of the alleged breach and requested remedy. A breach shall be cured if remedied within thirty (30) days of receipt of the notice, or such other time as mutually agreed.
Breach by City. Parties agree that in the event of a breach by the City, Owner will have the right to seek all remedies provided by law. Attorney’s Fees. If any party breaches this Agreement, the breaching party shall pay the non-breaching parties reasonable costs and attorney fees incurred in the enforcement of the terms and conditions of this Agreement. General Provisions. City shall: Cause its staff to timely and promptly approve or disapprove written submittal by Owner of any plans, specifications, drawings, details or other pertinent data required in connection with any water line, sanitary sewer line, storm drainage or other utility serving the Property or any improvements within any dedicated right-of-way on the Property. Any disapproval shall set forth the items disapproved together with the reasons for such disapproval. Use its best efforts securing, at Owner’s expense, construction and maintenance agreements from governmental or private entities in order to allow Owner to fulfill its obligations under this Agreement and to proceed with development of the Property. Cooperate with Owner with any filings, applications, approvals, or other administrative procedures with governmental entities other than the City, which is necessary to allow Owner to fulfill its obligations under this Agreement and to develop the Property in a timely manner. Provide police and other municipal services to the Property to the same extent as those services are provided by City throughout the balance of the City, pursuant to the City’s uniform applied policies. Not unreasonably withhold its consent or approval when any consent or approval is required. Owner shall notify the City of assignments and the name of the assignee(s) upon the sale or other transfer of any portion of the Property. The transferor of such portion shall be released from all liability and obligation under this Agreement relating to such portion and all such liabilities and obligations shall be assumed by the transferee (unless transferee is a member of the home buying public or governmental entity). Nothing contained in the Agreement shall constitute or be interpreted as a repeal of existing codes, ordinances or as a waiver of the City’s legislative, governmental or police powers to promote and protect the health, safety, and general welfare of the City or its inhabitants; nor shall this agreement prohibit the enactment by the City of any fee which is of uniform or general application. It is understood and agreed by th...
Breach by City. Notwithstanding anything in these Standard Terms to the contrary, if City at any time is required to pay to Wireless Provider any amount or render any performance, such amount or performance is not due until thirty (30) days after notice by Wireless Provider to City that the amount has become payable or that the performance is due. In the event a cure cannot be effected during that period, City shall not be in default so long as City commences cure during the period and diligently prosecutes the cure to completion provided such cure must be completed within sixty (60) days after the notice.
Breach by City. LESSEE may not terminate this Agreement except for a material breach of the Agreement by CITY.
Breach by City. City will be in default hereunder if City fails to perform or comply with any covenant, agreement or condition contained in this Agreement and does not cure that failure within the period of ten (10) calendar days after receipt of a written notice of default (or if such default is of a nature which cannot reasonably be cured within ten (10) calendar days, then City does not cure such failure within such longer period as is reasonably required to cure such default, provided that City undertakes in good faith to commence such cure within such ten (10) calendar days and thereafter diligently prosecutes such cure to completion). If City is in default hereunder, Licensee may exercise any right or remedy that it may have under this Agreement or that is otherwise available at law or in equity or by statute, including specific performance. All rights and remedies of Licensee hereto shall be cumulative, non-exclusive and shall survive the expiration or termination of this Agreement, subject to applicable statutes of limitation.
Breach by City. If default be made in the performance of any covenant or condition which City is required to observe or perform, and such default shall continue for sixty (60) calendar days after written notice of default is given by Manager to City (or if such default cannot be corrected within said sixty (60) calendar day period, and City fails to commence correction of such default within said sixty (60) calendar day period and diligently pursues its correction to completion), then Manager may treat the occurrence of one or more of the foregoing events as a breach of this Agreement.
