Default Remedies and Termination. 8.1. In addition to any other event that may constitute a default under this Agreement, the following events shall constitute defaults under this Agreement:
Default Remedies and Termination. 13.01 The remedies set forth in this Section 13.01 shall cover the non-defaulting Party’s remedies for the defaulting Party’s failure to perform prior to any termination for default that may occur.
Default Remedies and Termination. It shall be a default under this Agreement if a party fails to perform its obligations under this Agreement, and then fails to cure such failure within ten (10) days (for monetary defaults) or thirty (30) days (for non-monetary defaults). Upon a default by Customer, Wowrack shall have all rights and remedies under applicable law or in equity, including, without limitation, the following: (a) the right to suspend or refuse to continue to provide any Products or Services without any liability to Customer for loss or damage until the default is cured in full; (b) the right to terminate any Order or this Agreement by notice to Customer; (c) the right to demand, and receive from Customer upon demand, the entire Charges due Wowrack for the unexpired Term, together with all costs, attorney’s fees, and damages which may have been suffered or incurred by Wowrack as a result of Customer’s default. In addition, Wowrack may terminate this Agreement and any Orders with Customer, effective immediately upon notice, if Customer becomes the subject of a bankruptcy proceeding or other insolvency proceeding. Upon any termination, Customer will remain liable to Wowrack for any accrued amounts owed prior to the effective date of termination. Customer expressly waives all legal notice to vacate the Network and Infrastructure after expiration of cure period.
Default Remedies and Termination. The parties agree each term and condition contained herein is material and of the essence. This agreement may be terminated by either party immediately should either party fail to perform in accordance with any term or condition of this agreement after it fails to cure within ten (10) calendar days written notice. CITY may also terminate without cause upon written notice. Should this Agreement terminate for any reason, payment to the CONTRACTOR shall be made on the basis of materials provided and services performed to the date of termination.
Default Remedies and Termination. It shall constitute an event of default of this instrument if any party fails to timely deliver any of its performances at the times indicated herein. Additionally:
Default Remedies and Termination. Default. An "
Default Remedies and Termination. 13.1 Subject to Section 13.2, any one or more of the following shall constitute an event of default (each, an “Event of Default” and collectively, the “Events of Default”) under this Lease by the Concessionaire:
Default Remedies and Termination. 9.1. This Lease may be terminated by any of the following acts or events:
Default Remedies and Termination. The failure of either party to deliver any document or information or to perform any duty, obligation, covenant or agreement required hereunder on or before the time specified herein shall be a default by such party. The finding that any statement, representation or warranty stated herein is untrue in any material respect shall be a default by the party making such representation or warranty.
Default Remedies and Termination. The failure of Purchaser to comply with any term or condition of this Agreement or the failure of Purchaser to conform its conduct to the standards imposed by this Agreement and all applicable statutes, regulations, ordinances, rules and codes, shall be deemed a default under this Agreement. In the event the University believes Purchaser to be in default on the terms and conditions of this Agreement, unless otherwise provided for herein, the University shall provide Purchaser with TEN (10) days written notice of default and the opportunity to cure. If, after the TEN (10) day notice period has expired, the Purchaser has failed to cure the default, the University may, at its sole option, terminate this Agreement. In addition, the University shall be entitled to any and all remedies provided by law or equity to which the University may resort cumulatively or in the alternative. Termination of this Agreement shall not operate to relieve Purchaser from the payment of any sum due the University, from any claim for damages previously accrued or then accruing against Purchaser, or for reclamation of the Property to the satisfaction of the University as required herein.
