Enforcement of Performance Sample Clauses

Enforcement of Performance. If an Event of Default occurs, Landlord may elect to proceed by appropriate judicial proceedings, either at law or in equity, to enforce performance or observance by Tenant of the applicable provisions of this Lease and/or to recover damages for breach hereof.
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Enforcement of Performance. (a) If an Event of Default occurs (other than (A) the failure of the conditions precedent to the Commencement of Construction to timely occur pursuant to Section 2.1 or (B) the failure of the Developer to achieve the Completion Date on or prior to the Default Date), County may elect, as its sole and exclusive remedies, to (i) enforce performance or observance by Developer of the applicable provisions of this Agreement, and/or (ii) recover actual damages for breach of this Agreement; it being specifically understood and agreed that in no event shall County be able to seek or be entitled to consequential damages or any other kind or type of damages other than actual damages for breach of this Agreement, and/or (iii) only in the circumstances described in this Section 19.2(a) and Section 19.3(a) and in no other circumstances, terminate this Agreement pursuant to Section 19.3(a). If an Event of Default occurs (other than (A) the failure of the conditions precedent to the Commencement of Construction to timely occur pursuant to Section 2.1 or (B) the failure of the Developer to achieve the Completion Date on or prior to the Default Date), County’s election of a remedy under this Section 19.2(a) with respect to such Event of Default shall not limit or otherwise affect County’s right to elect any other remedies available to County under this Section 19.2(a), except as set forth herein. If the conditions precedent to Commencement of Construction shall fail to timely occur pursuant to Section 2.1, the sole remedy with respect to such failure shall be as set forth in Section 2.1(f). If Developer fails to achieve the Completion Date on or prior to the Default Date, then Related or Developer shall pay County (and County agrees to accept such sums as the sole remedy of the County for such failure and its election of such sole remedy shall be conclusively deemed to limit County’s right to elect any other remedies available to County, including, without limitation, any other remedies under the Payment, Performance, and Construction Guaranty, during and for such period of delay) One Hundred Fifty Thousand Dollars ($150,000) per month (which amount shall be proportionally adjusted for fractions of a month using the actual number of calendar days in such month) from the Default Date until the Completion Date as liquidated damages, THE PARTIES HEREBY AGREEING AND ACKNOWLEDGING THAT COUNTY’S ACTUAL DAMAGES IN THE EVENT OF SUCH DELAY WOULD BE DIFFICULT OR IMPOSSIBLE TO ASCERTA...
Sample 1

Related to Enforcement of Performance

  • Commencement of Performance This Agreement is of no force and effect until signed by both parties and all JBE-required approvals are secured. Any commencement of performance prior to Agreement approval shall be at Contractor's own risk.

  • Continuity of Performance In the event of a dispute between the Party and the State, each party will continue to perform its obligations under this Agreement during the resolution of the dispute until this Agreement is terminated in accordance with its terms.

  • Guaranty of Performance Each Guarantor also guarantees the full, prompt and unconditional performance of all obligations and agreements of every kind owed or hereafter to be owed by the Companies and the Guarantors to Purchasers and Agent under the Purchase Agreement, the Notes, and the other Transaction Documents. Every provision for the benefit of Purchasers and Agent contained in this Guaranty shall apply to the guaranty of performance given in this paragraph.

  • Review of Performance The Board of Directors shall periodically review and evaluate the performance of Employee under this Employment Agreement with Employee.

  • ASSURANCE OF PERFORMANCE If at any time the COUNTY has good objective cause to believe CONTRACTOR may not be adequately performing its obligations under this Agreement or that CONTRACTOR may fail to complete the Services as required by this Agreement, COUNTY may request from CONTRACTOR prompt written assurances of performance and a written plan acceptable to COUNTY, to correct the observed deficiencies in CONTRACTOR’s performance. CONTRACTOR shall provide such written assurances and written plan within thirty (30) calendar days of its receipt of COUNTY’s request and shall thereafter diligently commence and fully perform such written plan. CONTRACTOR acknowledges and agrees that any failure to provide such written assurances and written plan within the required time is a material breach under this Agreement.

  • Resumption of Performance During the period that a Force Majeure Event is subsisting, the Affected Party shall, in consultation with the other Parties, make all reasonable efforts to limit or mitigate the effects of such Force Majeure Event on the performance of its obligations under the PPA. The Affected Party shall also make efforts to resume performance of its obligations under this Agreement as soon as possible and upon resumption, shall notify other Parties of the same in writing. The other Parties shall afford all reasonable assistance to the Affected Party in this regard.

  • Impossibility of Performance The credit union will not be liable for failure to comply with the terms of a wire transfer agreement caused by legal constraint interruption or failure of transmission and/or communications facilities, war, emergency, labor dispute, act of nature, or other circumstances beyond the control of the credit union.

  • Manner of Performance Subject to the provisions of Article XII hereof, the Contractor shall perform all of the Work described in the Statement of Work, or cause such Work to be performed in an efficient and expeditious manner and in accordance with all of the terms and provisions of this Agreement. The Contractor shall perform the Work in accordance with the current professional standards and with the diligence and skill expected for the performance of work of the type described in the Statement of Work. The Contractor shall furnish such personnel and shall procure such materials, machinery, supplies, tools, equipment and other items as may reasonably be necessary or appropriate to perform the Work in accordance with this Agreement.

  • Suspension of Performance Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.

  • Limitations of Performance The Custodian shall not be responsible under this Agreement for any failure to perform its duties, and shall not be liable hereunder for any loss or damage in association with such failure to perform, for or in consequence of the following causes:

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