Declaration of Default. Canada may declare default if:
Declaration of Default. If the defaulting Party fails to cure the Default pursuant to Section 10.3, or protests the Default Notice pursuant to Section 10.4 but fails to timely pay the disputed payment or commence performance of the disputed obligation, the Reclamation Trust Funds Operating Agent will notify the defaulting Party in writing of the Reclamation Trust Funds Operating Agent’s intent to declare the defaulting Party in Default unless there is a prompt cure of the Default (“Notification of Intent”). The Notification of Intent will afford the defaulting Party a minimum of fifteen (15) additional days after the giving of the Notification of Intent to cure the Default. The pendency of a Protest will not prevent the Reclamation Trust Funds Operating Agent from issuing a Notification of Intent. If the Default has not been cured within the period of time identified in the Notification of Intent, the Reclamation Trust Funds Operating Agent may give written notice to the defaulting Party declaring that the defaulting Party is in Default (the “Default Declaration”). The Reclamation Trust Funds Operating Agent will serve a copy of the Notification of Intent and of the Default Declaration on: (i) the representatives on the Reclamation Oversight Committee; (ii) all persons entitled to receive notices under Section 28.1; and (iii) the Trustee of the defaulting Party’s Reclamation Trust. The pendency of a Protest will not prevent the Reclamation Trust Funds Operating Agent from making a Default Declaration.
Declaration of Default. The Recipient may declare default if:
Declaration of Default. Upon the happening of any event of default, the City may claim default by giving written notice to the Developer. In the event that the default is not cured or reasonable steps have not been taken by the Developer to cure such default within thirty (30) days from the date such notification is mailed by the City, the City shall be entitled to avail itself of any and all rights it may have with respect to that default, such as are defined pursuant to the terms of this Agreement, or by common law or equity or under any statute.
Declaration of Default. 24.1 The failure of the Contractor to supply enough properly skilled workers or material, or to make prompt payment to subcontractors or for materials or labor or to obey laws, ordinances, rules, regulations or orders of public agencies having jurisdiction, or to comply in any way with the Contract, shall be sufficient grounds for the Owner and Owner’s Representative to find the Contractor in substantial default and that sufficient cause exists to terminate the Contract and to withhold payment or any part thereof until the cause or causes giving rise to the default have been eliminated by the Contractor and approved by the Owner and Owner’s Representative. If a finding of default is made, the Contractor and its Surety shall remain responsible for performance of the requirements of the Contract unless and until the Owner terminates the Contract. Upon a finding of default, the Owner and Owner’s Representative shall set a reasonable time within which the Contractor and its surety shall eliminate the cause or causes of default. When the basis for finding of default no longer exists, the Owner shall notify the Contractor and its surety in writing that the default has been corrected and that the Contractor is no longer in default. If the Contractor fails to correct the default within the time allowed, the Owner and Owner’s Representative may terminate the Contract and the employment of the Contractor, without otherwise waiving its rights against the Contractor or its surety.
Declaration of Default. Upon a declaration of default, County may sue for damages or take any other action allowed by law and, in the event of a major default, exercise takeover provisions, including, without limitation, termination of this Agreement. These remedies are independent, cumulative and not exclusive. The County shall not however be entitled to sue for damages, other than liquidated damages, if it exercises the “take-over” option. The parties acknowledge that the provision of uninterrupted, high quality ambulance service is a critical function necessary to preserve the safety and welfare of the public. In the event of a major default, the County may elect to terminate this Agreement, take over the franchise and provide the emergency ambulance service described herein. In the event of a takeover, the County shall be entitled to operate ambulance service directly or through an alternative provider. To effectuate transfer, the County shall be entitled to immediate and uncontested access to the entire performance security funds provided for in item F., 3 of this section and the equipment provided for in item F., 2 of this section the County shall use the funds and equipment for the reasonable and necessary provision of ambulance services in Washington County, including take-over costs and the costs of securing an alternate interim or permanent provider. The County shall place the funds in a trust, agency or similar account. In addition to the security, the County shall be entitled to receive as liquidated damages, and not as a penalty, the sum of $5,000 per day until the substitute provider commences, but in no event for more than 150 days. An entity authorized in the interim or emergency basis to provide services shall not be considered a substitute provider. The County shall return any remaining security to Metro West Ambulance, without interest. The County shall make diligent, good faith efforts to promptly secure acceptable substitute providers so as to minimize use of the security and the imposed liquidated damages. Metro West Ambulance acknowledges that it had an opportunity to contest this amount, and concurs with the County that it constitutes a reasonable and genuine attempt to estimate damages and costs which are not readily ascertainable or otherwise recoverable.
Declaration of Default. Upon receipt by the Collateral Trustee of one or more of the following:
Declaration of Default. Once the Event of Default is determined, the Facility Agent shall notify the Borrower in writing, and shall, at its own discretion or based on the written instructions of the Majority Lenders, immediately take one or all of the following measures: (a) notify the Borrower in writing that its Facility Amount shall be immediately suspended; (b) notify the Borrower in writing that all Outstanding Principal Balance, interest, and other payments that the Borrower shall pay to each Lender and the Facility Agent under this Agreement accrued thereon but unpaid are immediately due and payable, and the Borrower shall immediately reimburse all such payments; (c) notify the Lenders to offset the Outstanding Balances owed to the Lenders against any form of deposits placed by the Borrower at the Lenders; (d) notify the Collateral Agents to exercise the various rights of the Collateral to use the relevant Collateral proceeds to compensate for the payable items pursuant to this Agreement that are still unpaid by the Borrower; (e) make payment request to the Borrower based on the Promissory Notes obtained under the Agreement; (f) exercise any rights under the laws, this Agreement, each Security Documents and other related documents without giving presentment, demand, protest, or any notice if permitted by law; or (g) other measures that the Majority Lenders agree on. The Borrower agrees, to the fullest extent permitted by law, to give up its rights of requesting the Lenders and Facility Agent to give the aforementioned presentment, demand, protest, or any notice, unless it is agreed otherwise under the Agreement.
Declaration of Default a. At any time during the existence of a Violation, HUD or Lender may give written notice of the Violation to Borrower ( the “Violation Notice”), by registered or certified mail or personal delivery, addressed to the addresses stated in this Agreement, or such other addresses as may subsequently, upon appropriate written Notice to HUD and Lender, be designated by Borrower as its legal business address. Borrower shall have thirty (30) days to cure any Violation described in the Violation Notice, provided that HUD and Lender shall extend such thirty (30) day period for a period not to exceed one hundred eighty (180) days or such longer period as HUD and Lender may reasonably determine is necessary to correct the Violation ( the “Moratorium Period”) so long as, HUD and Lender determine, in their reasonable discretion, that: (i) Borrower is timely satisfying all payment obligations in the Loan Documents (the “Payment Contingency”); (ii) there is no Material Risk of Termination; (iii) such violation cannot reasonably be corrected during such thirty (30) day period, but can reasonably be corrected in a timely manner, and (iv) Borrower commences to correct such violation, or cause such correction to be commenced, during such thirty (30) day period and thereafter diligently and continuously proceeds to correct, or cause correction of, such violation. If, after delivery of such Violation Notice and expiration of the Moratorium Period, the Violation is not corrected to the satisfaction of HUD, HUD may, upon giving thirty (30) days written notice, declare a default under this Agreement (the “Cure Termination Notice”). If at any time during the Moratorium Period, or during the thirty
Declaration of Default. Either Party, by written Notice of Default to the other party, may declare a default on the whole or any part of this Programs Agreement, if the other Party has breached any of its obligations under the Programs Agreement.
