Default by City. City shall not be in default under this Agreement unless City fails to perform an obligation required of City under this Agreement within twenty (20) days after written notice by Tenant to City. If the nature of City's obligation is such that more than twenty (20) days are reasonably required for performance or cure, City shall not be in default if City commences performance within such twenty (20) day period and thereafter diligently prosecutes the same to completion. In no event may Tenant terminate this Agreement or withhold the payment of rent or other charges provided for in this Agreement as a result of City’s default.
Default by City. In the event City does not accept, review, approve, or issue any permits or approvals in a timely fashion, as defined by this Agreement, or if City otherwise defaults under the terms of this Agreement, City agrees that Developer shall not be obligated to proceed with or complete the Project, and shall constitute grounds for termination or cancellation of this Agreement by Developer.
Default by City. In the event of termination for non-performance or default by City after City’s issuance of notice to proceed on a project task order, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder.
Default by City. If default shall be made in any of the covenants herein agreed to be kept or performed by City, and such default shall continue for sixty (60) days after written notice to City, this Lease may be terminated by Landlord; provided, however, that any delay in payment of Rent due to delay in accounting, financial or budgetary procedures by City shall not be deemed a default unless such delay shall continue thirty (30) days or more from the date such payment was due.
Default by City. CITY will be considered in default of this Lease if CITY fails to fulfill any of the terms, covenants, or conditions set forth in this Lease.
Default by City. If City has failed to cure it’s Default after notice and an opportunity to cure as provided in Section 8.1. [Default], Developer may pursue any legal or equitable remedy available to it under this Agreement without further notice to City, except as may be required under the law for service of summons and other legal papers. It is acknowledged by the parties that City would not have entered into this Agreement if City was to be subject to or liable for monetary damages under or with respect to this Agreement or the application thereof. Developer, for himself or any successor thereto, expressly waives the right to seek monetary damages against the City or any officer, employee, or agent thereof, for any default or breach of this Agreement. Developer covenants and agrees not to xxx for or claim any damages -- including monetary damages -- for any purported breach of this Agreement by City.
Default by City. If the City defaults in its obligations under the Existing Tower Contract to acquire the Existing Frost Facilities from Frost on the Existing Tower Closing Date (as may be extended) for any reason whatsoever other than a default by Xxxxx or Weston Urban under the Agreement or an Ancillary Agreement (including (x) the City’s obligations being held unenforceable or void, or (y) the City failing to provide the funds necessary to consummate the transaction contemplated by the Existing Tower Contract), then either Weston Urban or Frost shall each have as its sole remedy for such default the option of terminating this Agreement by delivering written notice thereof to the other Parties, whereupon (i) this Agreement and all Ancillary Agreements other than the City Lease Amendment shall terminate, (ii) the City Real Estate Xxxxxxx Money shall be refunded to Weston Urban in accordance with the Deed Escrow Agreement, (iii) Five Hundred Ten Thousand and No/100 Dollars ($510,000.00) of the Prepaid Purchase Price Portion shall be disbursed to Frost pursuant to the Existing Tower Contract, (iv) a sum out of the balance of the Prepaid Purchase Price Portion equal to the New Tower Recoverable Costs incurred prior to the date this Agreement was terminated pursuant to this Section 6.06A shall be disbursed to Weston Urban (up to a maximum of Five Million and No/100 Dollars ($5,000,000.00)) in accordance with the Escrow Agreement, and (v) the remainder of the Prepaid Purchase Price Portion (if any) shall be refunded to the City in accordance with the Escrow Agreement, and (vi) none of the Parties hereto shall have any continuing rights or obligations under this Agreement or under any of the terminated Ancillary Agreements (except as expressly set forth in any Ancillary Agreements) thereafter. To the extent any portion of the Prepaid Purchase Price Portion disbursed to Weston Urban is attributable to New Tower Recoverable Costs relating to public infrastructure improvements, then the work product related to such public infrastructure improvements (including without limitation any and all designs, plans, permits, renderings, reports, studies) shall be delivered to the City following payment of such Prepaid Purchase Price Portion subject to any and all disclaimers, reservations and other conditions that may apply to such work product.
Default by City. In the event of default by the City, the Property Owner may, if such default is not fully corrected within 60 days from giving written notice of such default to the City, terminate this Agreement. Upon such termination, both the Property Owner and the City shall be relieved of all further obligations hereunder, but the Property Owner shall not be relieved of the obligation to pay any amounts that accrued prior to such termination. In the event of termination, the City shall have the right to repeal the ordinance designating the affected area as an industrial district. Provided, however, if the termination occurs as a result of the City’s exercising its option to terminate (as provided in the first sentence of this Section X), the City shall not have the right to annex the affected area into the general corporate limits of the City so as to subject the affected area to ad valorem taxes for any part of the period covered by the Property Owner’s last payment hereunder.
Default by City. 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 Lessee; 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, Lessee 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.
Default by City. City shall be deemed in breach of this Agreement if it materially breaches any of the provisions of this Agreement and the same is not cured within the time set forth in a written notice of default from Developer to City, which period shall not be less than ten (10) days from the date the notice is deemed received, provided if City cannot reasonably cure the breach within the time set forth in the notice, City fails to commence to cure the breach within such time limit and diligently effect such cure thereafter.
