Common use of City Remedies Clause in Contracts

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.

Appears in 2 contracts

Samples: Airport Cargo Operating Agreement, Airport Cargo Operating Agreement

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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 AirlineXxxxxxx’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.

Appears in 1 contract

Samples: Airport Cargo Operating Agreement

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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 9.410.4, 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 9.410.4, shall become due and payable by Airline thirty (30) days after the City’s presentation of an invoice to Airline.

Appears in 1 contract

Samples: Non Affiliate Non Signatory Airline Operating Agreement

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