Common use of Default by City Clause in Contracts

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.

Appears in 2 contracts

Sources: Development Agreement, Development Agreement

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 thirty (30) days after Developer gives written notice to City of the breach (or, if the breach is not able to be cured within such time limit and thirty (30) day period, City fails to start to cure the same within thirty (30) days after delivery of written notice from Developer of such breach or fails to thereafter diligently effect such prosecute the cure thereafterto completion).

Appears in 1 contract

Sources: Development Agreement

Default by City. City shall be deemed in breach of default under this Agreement if it materially City breaches any of the provisions a material provision of this Agreement Agreement, whether by action or inaction, and the same such breach continues and is not remedied within thirty (30) days after City receives written notice from Developer specifying the breach. In the case of a breach that cannot with due diligence be cured within the time set forth a period of thirty (30) days, City shall be 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 under this Agreement if City candoes not reasonably commence the cure of the breach within the time set forth in the notice, thirty (30) days after City fails receives written notice from Developer and thereafter diligently prosecute to commence to cure the breach within completion such time limit and diligently effect such cure thereaftercure.

Appears in 1 contract

Sources: Disposition and Development Agreement

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.ten

Appears in 1 contract

Sources: Development Agreement