Common use of D efault Clause in Contracts

D efault. If the Licensee fails to pay when due any License Fee or portion thereof, or any finance charge thereon, under this License Agreement, or otherwise defaults in the performance of any of the Licensee’s duties and obligations under this License Agreement, then the PSL Agent may, at its option, after providing written notice to the Licensee and a ten (10) day opportunity to cure (if such default is curable): (a) withhold distribution of tickets to the Licensee, authorize TeamCo or other Event Organizers to withhold distribution of tickets to the Licensee, or otherwise deny Licensee access to the Stadium for Team Games, and, if applicable, Stadium Events until the default is cured (if such default is curable); and/or (b) terminate all rights of the Licensee under this License Agreement. Notwithstanding the foregoing, the Licensee acknowledges and agrees that the failure to maintain proper decorum and abide by the policies, rules, and regulations that may be adopted from time to time by the NFL or any of the Stadium Parties are non-curable defaults if so elected by StadCo or TeamCo, and the PSL Agent’s notice in such event is for the sole purpose of notifying the Licensee of such breach and termination. The foregoing remedies are not to the exclusion of any other right or remedy of the Authority or the PSL Agent set forth in this License Agreement or otherwise available at law or in equity. The Licensee is responsible for all attorneys’ fees and costs incurred by the Authority or the PSL Agent in the enforcement of this License Agreement, whether or not litigation is actually commenced. No waiver or release by the Authority or the PSL Agent of any default or breach by the Licensee of its obligations under this License Agreement will be construed to be a waiver or release of any other subsequent default or breach by the Licensee under this License Agreement, and no failure or delay by the PSL Agent (on behalf of the Authority) in the exercise of any remedy provided for in this License Agreement will be construed a forfeiture or waiver thereof or of any other right or remedy available to the Authority or the PSL Agent.