Common use of DEFAULT BY THE CORPORATION Clause in Contracts

DEFAULT BY THE CORPORATION. The County shall not have the right to exclude the Corporation from the Real Property or the Project Facilities or to take possession of the Real Property or the Project Facilities (except pursuant to the Facilities Agreement) or to terminate this Sub-Base Lease prior to the termination of the Sub-Base Lease Term notwithstanding any default by the Corporation hereunder; except that if upon exercise of the option to purchase the Corporation’s entire interest in the Project Facilities granted to the County in Article IX of the Facilities Agreement and after the payment of the purchase price specified therein and the other sums payable under the Facilities Agreement, the Corporation fails to convey its interest in the Project Facilities to the County pursuant to said option, then the County shall have the right to terminate this Sub-Base Lease, such termination to be effective 30 days after delivery of written notice of such termination to the Corporation. However, in the event of any default by the Corporation hereunder, the County may maintain an action, if permitted in equity, for specific performance.

Appears in 2 contracts

Samples: Sub Base Lease Agreement, Sub Base Lease Agreement

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DEFAULT BY THE CORPORATION. The County shall not have the right to exclude the Corporation from the Real Property or the Project Facilities or to take possession of the Real Property or the Project Facilities (except pursuant to the Facilities Agreement) or to terminate this Sub-Base Lease prior to the termination of the Sub-Base Lease Term notwithstanding any default by the Corporation hereunder; except that if if, upon exercise of the option to purchase the Corporation’s entire interest in the Project Facilities granted to the County in Article IX of the Facilities Agreement and after the payment of the purchase price specified therein and the other sums payable under the Facilities Agreement, the Corporation fails to convey its interest in the Project Facilities to the County pursuant to said option, then the County shall have the right to terminate this Sub-Base Lease, such termination to be effective 30 days after delivery of written notice of such termination to the Corporation. However, in the event of any default by the Corporation hereunder, the County may maintain an action, if permitted in equity, for specific performance.

Appears in 2 contracts

Samples: Base Lease and Conveyance Agreement, Base Lease and Conveyance Agreement

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DEFAULT BY THE CORPORATION. The County shall not have the right to exclude the Corporation from the Project Facilities Real Property or the Project Facilities or to take possession of the Project Facilities Real Property or the Project Facilities (except pursuant to the Facilities Agreement) or to terminate this Sub-Base Lease prior to the termination of the Sub-Base Lease Term notwithstanding any default by the Corporation hereunder; except that if if, upon exercise of the option to purchase the Corporation’s entire interest in the Project Facilities granted to the County in Article IX of the Facilities Agreement and after the payment of the purchase price specified therein and the other sums payable under the Facilities Agreement, the Corporation fails to convey its interest in the Project Facilities to the County pursuant to said option, then the County shall have the right to terminate this Sub-Base Lease, such termination to be effective 30 days after delivery of written notice of such termination to the Corporation. However, in the event of any default by the Corporation hereunder, the County may maintain an action, if permitted in equity, for specific performance.

Appears in 1 contract

Samples: Base Lease and Conveyance Agreement

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