City’s Right to Cure. Upon any default of Pilot, City may, at City’s election, after first giving Pilot written notice, cure any default in the payment of money or performance of any act required under this License Agreement, but without any obligation of City to make such payment or perform such act and without waiving any rights of City or relieving Pilot from any obligation under this License Agreement. All amounts incurred by City, plus ten percent (10%) thereof for administrative overhead as such percentage is approved, established or modified from time to time by the City Council, and all penalties, interest and costs in connection therewith shall be due and payable by Pilot to City on demand together with interest thereon at the rate of one percent (1%) per month from the date paid by City, plus any collection costs. The receipt for any payment by City on behalf of Pilot shall be prima facie evidence that the expense incurred was necessary and reasonable and that such expense was incurred by City on behalf of Pilot.
City’s Right to Cure. In the event that Contractor fails to perform any of its obligations under Articles 4, 5, or 6 and does not cure such failure within ten (10) days after notice from City, City may (but will not be obligated to) perform the required work, or engage a third party to do so. Contractor shall upon demand reimburse City for all costs thereof, including any payments to a third party, with interest after thirty
City’s Right to Cure. If Concessionaire fails to perform any of Concessionaire's obligations under this Agreement, the City, without waiving any of its remedies pursuant to this Agreement, may, but shall not be obligated to, perform the same for the account of, and at the expense of Concessionaire, without notice in a case of emergency, and in any other cases, only if such failure continues after the expiration of thirty (30) days from the date the City gives Concessionaire written notice of the failure specifying the details. The City may elect to perform work at the City’s standard rates or have work performed by a contractor hired by the City. The City shall not be liable to Concessionaire for any claim for damages resulting from such remedial action by the City.
City’s Right to Cure. If the City fails to perform any obligation under this Lease required to be performed by the City, the City shall not be deemed to be in default hereunder nor subject to claims for damages of any kind , unless such failure shall have continued for a period of thirty (30) days after written notice (except in the event of an emergency in which case no notice shall be required) thereof by Tenant or such additional time as may be required due to unavoidable delays. If the City fails to cure within the time permitted to cure herein, the City shall be subject to such claims for damages and remedies as may be available to Tenant. The Tenant shall have the right (but not the duty), to perform such obligation on behalf and for the account of the City. In such event, the City shall reimburse the Tenant on demand for all expenses incurred by the Tenant in performing such obligation. The Tenant's performance of the City's obligations hereunder shall not be deemed a waiver or release of Tenant therefrom.
City’s Right to Cure. In the event that the Licensee fails to comply with the terms of this Agreement and/or with any maintenance requirements, the Licensee agrees that the City may assume such responsibilities and repair and/or maintain the Approved Wireless Facility, and the Licensee shall reimburse the City for its expenses due to such assumption, in addition to any reimbursement required under Section 4 of this License Agreement.
City’s Right to Cure. CITY at its sole discretion and with no obligation to do so, subject to any applicable conditions and limitations set forth elsewhere in this AGREEMENT, may, after a continuing breach or default by USTA, perform or cause to be performed any of USTA’s unperformed obligations under this AGREEMENT. Such action by CITY shall not be deemed to waive or release said breach or any default or CITY’s right to take further, preventative action.
City’s Right to Cure. For the 30 days following such notice (or such longer period of time as may be reasonably required to cure a matter which, due to its nature, cannot reasonably be remedied within 30 days), the City will have the right to cure the breach, default, or noncompliance involved. If the City has failed to cure a default within said period, any such lender and/or ground lessor will have an additional 30 days within which to cure the same or, if such default cannot be cured within that period, such additional time as may be necessary if within such 30-day period said lender and/or ground lessor has commenced and is diligently pursuing the actions or remedies necessary to cure the breach, default, or noncompliance involved (including, but not limited to, commencement and prosecution of proceedings to foreclosure or otherwise exercise its rights under its mortgage or other security instrument or ground lease, if necessary to effect such cure), in which event this Lease will not be terminated by Tenant so long as such actions or remedies are being diligently pursued by said lender and/or ground lessor.
City’s Right to Cure. (a) The Arena Manager shall cause any contract or agreement entered into by the Arena Manager or the Arena Sub-Manager with respect to the management, operation and use of the Arena Facility (other than this Agreement, any Related Agreement, any agreement between the Arena Manager and the Arena Sub- Manager and any employment agreements entered into by the Arena Manager or the Arena Sub-Manager), which agreement or contract provides for consideration in excess of $100,000 and has a non-terminable term of more than one year (including any option to renew or extend), to provide that, if a material default is asserted against the Arena Manager or the Arena Sub-Manager(if any), then the City shall have the right, but not the obligation, to cure such default, as set forth in the immediately following sentence;
City’s Right to Cure. If Developer fails to perform any work or any other duties or obligations required of Developer under this Agreement with respect to the Improvements, including any work reviewed under applicable warranties or guarantees, the City may, but shall not be obligated to, give Developer written notice of the City's intention to perform or arrange for the performance of such work, duties or obligations on Developer's behalf and at Developer's expense. If, within a period of ten (10) days after the date of such notice, Xxxxxxxxx fails to initiate performance of such work, duties and obligations, or if Developer thereafter fails to pursue and complete the same with reasonable diligence, the City may proceed in accordance with the notice. Developer shall thereupon be obligated to reimburse the City for all reasonable costs and expenses incurred by the City in connection with the performance of such work, duties and obligations on Developer's behalf, and Developer shall pay such costs and expenses to the City immediately upon demand.
City’s Right to Cure. If Concessionaire defaults in the observances or performance of any of Concessionaire’s covenants, agreements or obligations hereunder, then the City may (but need not) and without limiting any other remedies which it may have by reason of such default, upon fifteen (15) days’ notice to Concessionaire, cure such default, charge the costs thereof to Concessionaire, and Concessionaire shall pay the same as additional Rent forthwith upon demand.
