City Remedies. If a default occurs, City, at its option and in its sole discretion, may at any time thereafter do one or more of the following to the extent permitted by applicable law:
City Remedies. In the event of Contractor’s default, City may obtain required materials and/or services from a substitute contractor, and Contractor shall be liable to the City to pay for the costs of such substitute service. City may deduct or offset the cost of substitute service from any balance due to Contractor, and/or seek recovery of the costs of substitute service against any performance security, and/or collect any liquidated damages provided for in the Contract. Remedies herein are not exclusive.
City Remedies. Consultant's violation of the Living Wage Ordinance or Service Contract Worker Retention Ordinance shall be deemed to be a breach of this Contract, for which LAWA shall be entitled to pursue all remedies available under law, including, but not limited to, termination of this Contract.
City Remedies. The City reserves the right to decrease Contract Price and/or payments made under this Contract, in an amount determined by the City in its sole discretion, if the above provision is not included in Subconsultant’s and Subcontractor’s contracts, and one or more Subconsultants and/or Subcontractors do not allow the City to audit their records to verify the accuracy and appropriateness of pricing data.
City Remedies. If, during the Term, Airline violates any Environmental Law at, on, or from the Airport, and Airline does not act promptly to take such action as is reasonably necessary to remedy and cure the violation, the City has the right, but not the obligation, after providing written notice to Airline as provided herein, to take such action as is reasonably necessary to remedy and cure the violation. If the City has a reasonable belief that Airline’s actions or inactions present a threat of violation or a threat of damage to any areas or facilities of the Airport used by Airline, or to the Airport generally, the City has the right, but not the obligation, to take such corrective or mitigating action as the City deems reasonably necessary. Prior to taking any such actions under this Section 9.4, and provided that the violation, threat of violation, or threat of damage does not require immediate action pursuant to applicable Environmental Laws, or to avoid disruption to Airport operations, the City shall first provide written notice to Airline of such violation or threat, and thirty (30) days within which Airline may demonstrate why no such violation or threat is present, or to timely remedy (or begin to remedy and diligently prosecute to completion, if such remedy reasonably requires more than thirty (30) days to complete) such violation or threat that may be present. If Airline fails to remedy or begin to remedy such violation or threat within such thirty (30) day period, the City may take such actions as are reasonable and necessary under this Section 10.4. All reasonable costs and expenses incurred by the City arising out of Airline’s violation of any Environmental Law, or Airline’s actions or inactions described under this Section 9.4, shall become due and payable by Airline thirty (30) days after the City’s presentation of an invoice to Airline.
City Remedies. Subject to the cure period described in Section 30 below, the City shall have the following remedies upon an Event of Default. City’s rights and remedies under this Agreement shall be cumulative, and none shall exclude any other right or remedy allowed by law.
City Remedies. If a DEVELOPER DEFAULT occurs, that is not caused by FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the DEVELOPER DEFAULT and the DEVELOPER shall have thirty (30) days to cure the DEVELOPER DEFAULT. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does not cure the DEVELOPER DEFAULT, then the CITY may avail itself of any remedy afforded by law and any of the following remedies:
City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, City, at its option, may institute legal action in law or in equity to cure, correct or remedy the default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement by specific performance as its sole and exclusive remedy. Furthermore, City, in addition to or as an alternative to exercising the remedies set forth in this Section 11.D., in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to this Agreement and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the Development Agreement Act.
City Remedies. With respect to an uncured Developer Event of Default, the City shall be entitled to take any or all of the following remedies:
City Remedies. Following an Event of Default by Developer, the City shall have the right to seek from Developer compensatory, but not consequential or punitive, damages arising out of such Event of Default. In addition, the City shall have the right to seek an award and/or order requiring specific performance by Developer of Developer’s obligations under this Agreement. The City hereby waives, with respect to any Event of Default by Developer, any claim or right to consequential or punitive damages and any right to terminate this Agreement or the rights of Developer under this Agreement, and acknowledges that Developer is relying on such waiver in entering into this Agreement.
