Common use of Default by Member Clause in Contracts

Default by Member. In the event Member (a) fails to pay when due any amounts (including, without limitation, any installment of the Total Amount Due) to be paid by Member pursuant to this Agreement; (b) breaches or defaults in the performance or observation of any of Member’s obligations under this Agreement; (c) files, or has filed against Member, a petition for reorganization, the appointment of a receiver, or any other arrangement under the Bankruptcy Code or similar type of proceeding; or (d) engages in any act or conduct that may bring Club into disrepute or undermine the integrity of the game (including but not limited to Member’s violation of a Club or Stadium policy or any provision of the Fan Code of Conduct), Club may, in its sole discretion, elect to: (i) change the location of the Seats for all or any portion of the remainder of the Term; (ii) suspend any or all rights of Member hereunder, without notice to Member and without refund or other obligation to Member, and transfer the Tickets and the right to use the Seats and Parking to any other person or entity until such default is cured (if capable of being cured); and/or (iii) terminate the rights of Member hereunder (x) immediately, upon written notice to Member, if the breach or default is not capable of being cured, or (y) 10 days after giving notice to Member, if such breach or default is capable of being cured and Member fails to cure within such 10-day period. Upon termination of this Agreement by Club, (1) all rights and benefits of Member and all obligations of Club under this Agreement shall immediately end, (2) Member shall remain liable for, and immediately pay, the unpaid portion of the Total Amount Due and any other amounts payable under this Agreement, and (3) Club may revoke or deactivate any Tickets or passes distributed to Member prior to the termination of this Agreement. Club shall have no duty to mitigate its damages as a result of breach or default by Member and any amounts received by Club from any re-sale of the Tickets or the Parking during the Term shall not reduce Member’s obligations under the preceding sentence. Sections 4, 5, 6, 7, 9, 10 12, 13, 14, 15, 17 19, 20 and 21 shall survive termination or expiration of this Agreement. Club’s remedies in this Section 6 shall not limit or exclude any other right or remedy set forth in this Agreement or otherwise available to Club by law or in equity. Member shall be responsible for all fees and costs (including, without limitation, attorney’s and other professional’s fees) incurred by Club in connection with the enforcement of this Agreement (including, without

Default by Member. In the event Member (a) fails to pay when due any amounts (including, without limitation, any installment of the Total Amount Due) to be paid by Member pursuant to this Agreement; (b) breaches or defaults in the performance or observation of any of Member’s obligations under this Agreement; (c) files, or has filed against Member, a petition for reorganization, the appointment of a receiver, or any other arrangement under the Bankruptcy Code or similar type of proceeding; or (d) engages in any act or conduct that may bring Club or any other service provider at the Stadium into disrepute or undermine the integrity of the game (including but not limited to Member’s violation of a Club or Stadium policy or any provision of the Fan Code of Conduct), Club may, in its sole discretion, elect to: (i) change the location of the Seats for all or any portion of the remainder of the Term; (ii) suspend any or all rights of Member hereunder, without notice to Member and without refund or other obligation to Member, and transfer the Tickets and the right to use the Seats and Parking to any other person or entity until such default is cured (if capable of being cured); and/or (iii) terminate the rights of Member hereunder (x) immediately, upon written notice to MemberMember (or, if Club desires to give Member the opportunity to cure in such notice, at the date set forth in such notice if the breach or default is not capable of being cured, or (y) 10 days after giving notice cured prior to Member, if such breach or default is capable of being cured and Member fails to cure within such 10-day perioddate). Upon termination of this Agreement by Club, (1) all rights and benefits of Member and all obligations of Club under this Agreement shall immediately end, (2) Member shall remain liable for, and immediately pay, the unpaid portion of the Total Amount Due and any other amounts payable under this Agreement, and (3) Club may revoke or deactivate any Tickets or passes distributed to Member prior to the termination of this Agreement. Club shall have no duty to mitigate its damages as a result of breach or default by Member and any amounts received by Club from any re-sale of the Tickets or the Parking during the Term shall not reduce Member’s obligations under the preceding sentence. Sections 4, 5, 6, 7, 9, 10 12, 13, 14, 15, 17 19, 20 and 21 shall survive termination or expiration of this Agreement. Club’s remedies in this Section 6 shall not limit or exclude any other right or remedy set forth in this Agreement or otherwise available to Club by law or in equity. Member shall be responsible for all fees and costs (including, without limitation, attorney’s and other professional’s fees) incurred by Club in connection with the enforcement of this Agreement (including, withoutotherwise