Common use of Default Proceedings Clause in Contracts

Default Proceedings. The Claimant will not institute proceedings against a defaulting Party, nor be entitled to damages if the defaulting Party within fifteen (15) days from receipt of the written notice of default set forth in Section 8.01, commences with due diligence to cure, correct or remedy such failure or delay and completes such cure, correction or remedy within thirty (30) days from the date of receipt of such notice; or if such cure, correction or remedy by its nature cannot be effected within such thirty (30) day period, such cure, correction or remedy is diligently and continuously prosecuted until completion thereof.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

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Default Proceedings. The Claimant will not institute proceedings against a defaulting Party, nor be entitled to damages if the defaulting Party within fifteen fourteen (1514) days from receipt of the written notice of default set forth in Section 8.017.01, commences with due diligence to cure, correct or remedy such failure or delay and completes such cure, correction or remedy within thirty (30) days from the date of receipt of such notice; or if such cure, correction or remedy by its nature cannot be effected within such thirty (30) day period, such cure, correction or remedy is diligently and continuously prosecuted until completion thereof. Notwithstanding anything in this Agreement to the contrary, Developer will not be entitled to notice or a right to cure for failing to meet the deadlines contained in the Project Schedule.

Appears in 1 contract

Samples: Skywalk Agreement

Default Proceedings. The Claimant will not institute proceedings against a defaulting Party, nor be entitled to damages if the defaulting Party within fifteen thirty (1530) days from receipt of the written notice of default set forth in Section 8.0110.01, commences with due diligence to cure, correct or remedy such failure or delay and completes such cure, correction or remedy within thirty sixty (3060) days from the date of receipt of such notice; or if such cure, correction or remedy by its nature cannot be effected within such thirty sixty (3060) day period, such cure, correction or remedy is diligently and continuously prosecuted until completion thereof.

Appears in 1 contract

Samples: Development Agreement

Default Proceedings. The Claimant will shall not institute proceedings against a defaulting Party, nor be entitled to damages or to pursue any of the remedies set forth in Section 10.03 if the defaulting Party within fifteen fourteen (1514) days from receipt of the written notice of default set forth in Section 8.0110.01, commences with due diligence to cure, correct or remedy such failure or delay and completes shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice; or if such cure, correction or remedy by its nature cannot be effected within such thirty (30) day period, such cure, correction or remedy is diligently and continuously prosecuted until completion thereof.

Appears in 1 contract

Samples: Guaranty Agreement

Default Proceedings. The Claimant will shall not institute proceedings against a defaulting Party, nor be entitled to damages if the defaulting Party Party, within fifteen fourteen (1514) days from receipt of the written notice of default set forth in Section 8.017.01, commences with due diligence to cure, correct or remedy such failure or delay and completes shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice; or if such cure, correction or remedy by its nature cannot be effected within such thirty (30) day period, such cure, correction or remedy is diligently and continuously prosecuted until completion thereof.

Appears in 1 contract

Samples: Development Agreement

Default Proceedings. The Claimant party claiming default will not institute proceedings against a defaulting Party, nor be entitled to damages if the defaulting Party within fifteen thirty (1530) days from receipt of the written notice of default set forth in Section 8.015.01, commences with due diligence to cure, correct or remedy such failure or delay and completes such cure, correction or remedy within thirty sixty (3060) days from the date of receipt of such notice; or if such cure, correction or remedy by its nature cannot be effected within such thirty sixty (3060) day period, such cure, correction or remedy is diligently and continuously prosecuted until completion thereof.

Appears in 1 contract

Samples: Development Agreement

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Default Proceedings. The Claimant will not institute proceedings against a defaulting Party, nor be entitled to damages if the defaulting Party within fifteen (15) days from receipt of the written notice of default set forth in Section 8.019.01, commences with due diligence to cure, correct or remedy such failure or delay and completes such cure, correction or remedy within thirty (30) days from the date of receipt of such notice; or if such cure, correction or remedy by its nature cannot be effected within such thirty (30) day period, such cure, correction or remedy is diligently and continuously prosecuted until completion thereof.

Appears in 1 contract

Samples: Development Agreement

Default Proceedings. The Claimant will not (a)Neither Party shall institute proceedings against a defaulting Party, nor be entitled to damages if the defaulting Party Party, within fifteen thirty (1530) days from receipt of the written notice of default set forth in Section 8.0110.01, commences with due diligence to cure, correct or remedy such failure or delay and completes such cure, correction or remedy within thirty sixty (3060) days from the date of receipt of such notice; or if such cure, correction or remedy by its nature cannot be effected within such thirty sixty (3060) day period, such cure, correction or remedy is diligently and continuously prosecuted until the completion thereof.

Appears in 1 contract

Samples: Development Agreement

Default Proceedings. The Claimant will shall not institute proceedings against a defaulting Party, nor be entitled to damages if the defaulting Party within fifteen fourteen (1514) days from receipt of the written notice of default set forth in Section 8.01paragraph A above, commences with due diligence commences to cure, correct or remedy such failure or delay and completes shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice; or if such cure, correction or remedy by its nature cannot be effected within such thirty (30) day period, such cure, correction or remedy is diligently and continuously prosecuted until completion thereof.

Appears in 1 contract

Samples: Community Improvement District Development Agreement

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