Default and Dispute Resolution. This Contract will be construed under Florida law. This Paragraph will survive 274 closing or termination of this Contract.
Default and Dispute Resolution. No default shall exist where such failure to discharge an obligation (other than the payment of money) is the result of an act or omission of the other Party. Upon a default, the non-defaulting Party shall give written notice of such default to the defaulting Party and the non-defaulting Party shall have the right to terminate this Agreement and be relieved of any further obligation hereunder and, whether or not that Party terminates this Agreement, to recover from the defaulting Party all amounts due hereunder, plus all other damages and remedies to which it is entitled at law or in equity. Alternatively, the non-defaulting Party shall have the right to seek dispute resolution with the Commission in lieu of default. The provisions of this Section will survive termination of the Agreement.
Default and Dispute Resolution. In the event of any default in performance of any obligations hereunder, within 15 days of any default, the non-defaulting party shall give the other written notice of the default. After delivery of notice, the defaulting party shall then have fifteen days in which to cure the default. If the default is not cured within such period, then the non-defaulting party may terminate this agreement after such period. The Parties agree to use reasonable best efforts to informally discuss and attempt to resolve any apparent event of default prior to delivery of notice thereof. The Town of Snowmass Village, Colorado By: Date: Xxxxxxx X. Xxxxxx, Town Manager ATTEST: Aspen Skiing Company, Colorado By: Date: Xxxxx Xxxxx, General Manager Snowmass Ski Area ATTEST: Xxxx Xxxxxxx Xxxxxxxxxxxx Xxxxxxxx Xx. 0, a quasi-municipal corporation and political subdivision of the State of Colorado By: Date: Xxxx Xxxxxx, President, Board of Directors ATTEST: Snowmass Mountain Lodging, LLC By: Date:
Default and Dispute Resolution. In the event of a default on any term of this Agreement, the non-defaulting party shall provide written notice to the defaulting party and such notice shall identify the Paragraph of this Agreement believed to be in default and the conduct which is deemed to constitute the default. The defaulting party shall have fourteen (14) calendar days in which to (i) fully cure the default; (ii) respond in writing insofar as why the defaulting party believes no default has occurred; or (iii) provide a reasonable timetable in which to cure the default if the default cannot be reasonably cured within the aforesaid fourteen-day period. In the event of a dispute which arises in connection with performance of or interpretation of any term contained in this Agreement, the parties shall confer face-to-face in an effort to resolve their dispute. If the parties are unable to resolve their dispute, either party may initiate and maintain an action in the Circuit Court for the Sixth Judicial Circuit, Champaign County, Illinois. The laws of the State of Illinois shall govern any and all actions alleging breach of this Agreement or which seek to interpret any term contained herein. CLERK OF THE CIRCUIT COURT FOR CHAMPAIGN COUNTY By:_ Xxxxx Xxxxxxxx, Circuit Clerk URBANA FREE LIBRARY By:_ Date:
Default and Dispute Resolution. Should either party fail to perform an obligation under this Agreement, it shall be deemed a default of this Agreement. Either Party shall have reasonable time, but in no instance more than thirty (30) days, to cure any non-monetary default upon notice of the default from the other Party. Monetary default, meaning the failure to timely pay any amount due the other Party under this Agreement, shall incur a ten percent (10%) per annum penalty, to be paid to the non-defaulting Party. The Parties agree that it is mutually beneficial to mediate disputes prior to resorting to litigation. In the event of a dispute between the Parties as to any provision of this Agreement, the Parties shall endeavor to mediate the dispute within sixty (60) days or as soon as practical upon a Party providing notice of the dispute to the other. Mediation shall occur in Calaveras County, California, or as close to the Property as possible, with a mutually-agreed-upon mediator.
Default and Dispute Resolution. 6.1. Buyer shall be deemed to be in default hereunder if Xxxxx fails to make payment of the Purchase Price within the time prescribed under this Agreement or there is a material breach of the warranties of Buyer as set forth herein. If Buyer is in default, Seller shall notify Buyer in writing of the particulars of the default. Buyer shall have five (5) business days to cure such default, plus pay an additional $1,000.00 directly to Seller (above the purchase price set herein) to compensate Seller for the delay and inconvenience caused by Xxxxx’s default. If Xxxxx performs the obligations set forth in this Subparagraph, Buyer shall be deemed to have cured the default and be reinstated in good standing under this Agreement. If Buyer fails to cure the default, Seller’s sole remedy shall be to terminate this Agreement and Escrow Agent shall return the Conveyance Form and Original Certificates to Seller.
Default and Dispute Resolution a. The Parties will attempt to resolve any dispute arising under this Agreement through consultation and negotiation in good faith. If those attempts fail, the applicable Parties will then attempt to resolve that dispute through mediation, with costs of mediation being shared equally by those Parties. However, any Party to that dispute may terminate the mediation at any time upon reasonable notice to the other Parties. If a dispute arises under a provision of this Agreement that makes specific reference to this Clause, a Party must refer that dispute to arbitration for resolution pursuant to the provisions of the Arbitration Act of the Province of Alberta, as amended, after the terminated mediation. Otherwise, a Party may, if it so chooses, resort to judicial proceedings to resolve the dispute after the terminated mediation.
Default and Dispute Resolution. .............................................................38 13.1 EVENTS OF DEFAULT.........................................................................38 13.2 REMEDIES FOR DEFAULT......................................................................39 13.3 ARBITRABLE CLAIMS.........................................................................40 13.4 ARBITRATION PROCESS.......................................................................41 13.5 REMEDIES..................................................................................42 13.6 CONFIDENTIALITY...........................................................................42 13.7 FERC JURISDICTION OVER CERTAIN DISPUTES...................................................42 13.8 PRELIMINARY INJUNCTIVE RELIEF.............................................................43 14. ASSIGNMENT/CHANGE IN CORPORATE IDENTITY.......................................................43 14.1 ASSIGNMENT................................................................................43 14.2 ASSUMPTION................................................................................44 15. CONTRACTORS AND SUBCONTRACTORS................................................................44 15.1...........................................................................................44 15.2...........................................................................................44 16.
Default and Dispute Resolution. If either Party fails to comply with any material term hereof, the non-breaching Party shall not be entitled to terminate this Agreement or discontinue performance of its own obligations hereunder until final resolution of such dispute by agreement of the Parties or final court order, and then only in accordance with such agreement or order. If a dispute arises under this Agreement (a “Dispute”), either Party may invoke the following dispute resolution procedure by delivering written notice thereof (“Dispute Notice”) to the other Party:
Default and Dispute Resolution. 11.1 If either K’ómoks First Nation or the Regional District (the “Claiming Party”) considers that the other party (the “Defaulting Party”) is in breach of or has failed to perform any of the material covenants or obligations under this Wastewater Transmision and Treatment Agreement, the Claiming Party may deliver written notice of that breach or non-performance to the Defaulting Party.
