Common use of Breach-General Clause in Contracts

Breach-General. If the BOCC shall fail or refuse to perform its obligations as required hereunder, then the Charitable Foundation shall provide written notice to the BOCC indicating the nature of the default. The BOCC shall have thirty (30) days following the receipt of such written notice to cure the default described in such notice; provided, however, if the BOCC shall proceed with due diligence to cure said default after said notice, then such thirty (30) day period shall be extended to such a period of time as may reasonably be required to cure such default while proceeding with due diligence. If the BOCC has not cured the default within the cure period, the Charitable Foundation may seek and obtain equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or an injunction. Should the remedies of specific performance or injunction not be available to the Charitable Foundation because of actions of the BOCC, then the Charitable Foundation shall be entitled to bring a legal action for damages.

Breach-General. If the BOCC Charitable Foundation shall fail or refuse to perform its obligations as required hereunder, then the Charitable Foundation BOCC shall provide written notice to the BOCC Charitable Foundation indicating the nature of the default. The BOCC Charitable Foundation shall have thirty (30) days following the receipt of such written notice to cure the default described in such notice; provided, however, if the BOCC Charitable Foundation shall proceed with due diligence to cure said default after said notice, then such thirty (30) day period shall be extended to such a period of time as may reasonably be required to cure such default while proceeding with due diligence. If the BOCC Charitable Foundation has not cured the default within the said cure period, the Charitable Foundation BOCC may seek and obtain equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or an injunction. Should the remedies of specific performance or injunction not be available to the Charitable Foundation BOCC because of actions of the BOCCCharitable Foundation, then the Charitable Foundation BOCC shall be entitled to bring a legal action for damages.