City’s Default. 12.A.1 In the event of any material breach of this Agreement by CITY, which breach is not cured within ninety (90) days after giving of written notice thereof from OPERATOR to CITY, or in the event of a material breach which cannot be cured within said ninety (90) day period,,!if CITY has not commenced within ninety (90) days of written notice and thereafter diligently prosecuted a cure of such breach, OPERATOR shall have all rights and remedies at law or equity subsequent to completion of construction. Subsequent to completion of construction, CITY shall not be liable for damages in excess of total revenues received by CITY over prior years of this Agreement, not to exceed the total actual revenues received over the prior seven and one-half (7 1/2) year period.
City’s Default. In the event the City fails to perform any of the City’s material obligations under this Agreement for any reason and fails to cure within 10 days of written notice, then GMVRS shall be entitled either (i) terminate this Agreement, at which time the Parties will have no further rights or obligations hereunder, except as expressly provided elsewhere in this Agreement, (ii) or pursue all remedies available to GMVRS at law or in equity.
City’s Default. The City shall not be in default unless the City fails to perform obligations required of the City within a reasonable time, but in no event later than thirty (30) days after receipt of written notice to the Tenant. If the nature of the City’s obligation is such that more than thirty (30) days are required for performance, then the City shall not be in default if the City commences performance within such thirty (30) day period and thereafter diligently pursues same to completion.
City’s Default. (a) Each of the following shall constitute an event of default by the City:
City’s Default. City shall be in default if City fails to perform its obligations under this Lease within thirty (30) days after its receipt of notice of nonperformance from Concessionaire; provided, that if the default cannot reasonably be cured within the thirty (30) day period, City shall not be in default if City commences the cure within the thirty (30) day period and thereafter diligently pursues such cure to completion. Upon City’s default, Concessionaire may pursue any remedies at law or in equity that may be permitted from time to time by the laws of the State of Washington.
City’s Default. In the event the City commits a breach of this Agreement, prior to bringing suit or pursuing any other remedy, Licensee shall provide written notice of such breach to the City. Following receipt of such notice, the City shall have thirty (30) days within which to cure the breach. If the breach cannot be cured within such thirty (30) day period, the City shall commence to cure such breach within said period and thereafter diligently perform such action as may be required to cure such breach.
City’s Default. The following shall constitute City Events of Default under this Agreement:
City’s Default. In the event the City fails to keep and perform any of the terms or conditions hereof, time being of the essence, then thirty (30) days after written notice of default from NICDC, NICDC may, if such default has not been corrected, resort to any remedy at law or in equity; provided, however, in the case of a default which cannot, in the exercise of reasonable diligence, reasonably be cured within such thirty (30) day period, the continuation thereof beyond such period as is required to cure the same with the exercise of reasonable diligence. No action of NICDC shall be construed as an election to terminate the Agreement unless written notice of such intention is given to the City.
City’s Default. Notwithstanding anything in this Lease to the contrary, Tenant agrees to look solely to the estate and property of the City in the Land and the Building (including all rent, profits and proceeds therefrom), subject to prior rights of any mortgagee of the Land and Building or any bond convent incorporating mention of the Land or Building, or any part thereof either, for the collection of any judgment (or other Judicial process) requiring the payment of money by the City in the event of any default or breach by the City under this Lease. Tenant agrees that it is prohibited from using any other procedures for the satisfaction of Tenants’ remedies. Neither the City nor any of its elected officials, officers, directors, employees, heirs, successors, or assigns, will have any personal liability of any kind or nature, directly or indirectly, under or in connection with this Lease.
City’s Default. The City shall not be deemed to be in default under this Lease Agreement until Tenant has given the City written notice specifying the nature of the default and the City does not cure such default within fifteen (15) business days after receipt of such notice or within such reasonable time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require more than fifteen (15) business days to cure.
