Failure to Cure Default. (i) If the GOB fails to cure or is unable or unwilling to cure a BPDB Event of Default within the cure periods provided to BPDB under this Agreement, the Company shall have all its rights and remedies with respect to such default as set forth in this Agreement.
Failure to Cure Default. If the GOB fails to cure or is unable or unwilling to cure a BPDB Event of Default, within the cure periods provided to BPDB, as the case may be, under this Agreement, the Power Purchase Agreement, the Company shall have all of its rights and remedies with respect to such default as set forth in this Agreement, the Power Purchase Agreement, provided, that if the GOB is diligently attempting to cure any default other than a payment default of BPDB, as the case may be, and demonstrable progress toward affecting such cure is being made, the GOB shall be granted an additional period not exceeding 90 (ninety) Days to effect such cure before the Company may exercise its rights and remedies with respect to such default set forth in this Agreement and the Power Purchase Agreement.
Failure to Cure Default. If the GOB fails to cure or is unable or unwilling to cure a BPDB Event of Default, as the case may be, within the cure periods provided to BPDB, as the case may be, under this Agreement, the Power Purchase Agreement, respectively, the Company shall have all of its rights and remedies with respect to such default as set forth in this Agreement, the Power Purchase Agreement, as the case may be, provided, that if the GOB is diligently attempting to cure any default other than a payment default of BPDB, as the case may be, and demonstrable progress toward affecting such cure is being made, the GOB shall be granted an additional period not exceeding ninety (90) Days to effect such cure before the Company may exercise its rights and remedies with respect to such default set forth in this Agreement and the Power Purchase Agreement, as the case may be.
Failure to Cure Default. (i) If the Government fails to cure or is unable or unwilling to cure a BPDB Event of Default within the cure periods provided to BPDB under this Agreement, the Company shall have all its rights and remedies with respect to such default as set forth in this Agreement.
Failure to Cure Default. If a Participant shall fail to cure a default within the fiteen (15) day period provided in Section 3.05, IID shall promptly notify the Manager in writing of such failure. The Participants or any of them shall be entitled to cause the amount in default to be paid, in which case IID shall be obligated to continue the acquisition and construction of the Project as provided in this Agreement. Notwithstanding the foregoing, IID and each of the Participants shall have the right to obtain any remedy available at law or in equity in consequence of the default of IID or any Participant under this Agreement, including damages or specific performance where appropriate. Subject to Section 3.10, a Participant in default hereunder shall be liable for all unpaid amounts included in individual cash calls issued to such Participant as well as all amounts which would have been included in individual cash calls issued to such Participant pursuant to Section 3.02 if such default had not occurred.
Failure to Cure Default. If Developer does not cure the default within the required period or such longer period as may be necessary if the default may not reasonably be cured within the required period, provided Developer pursues the cure with reasonable diligence, then County may avail themselves of any remedy afforded it by law and any of the above cumulative, non-exclusive remedies; provided, however, that if Developer fails to comply with any obligation of the Development Agreement and County Engineer reasonably determines that such failure has caused or is causing an immediate danger to public health and safety, County may, in its reasonable discretion, immediately and without prior notice to Developer, avail itself of any remedy afforded it by law and any of the above cumulative, non-exclusive remedies. County will make reasonable efforts to notify Developer prior to drawing on the security, but the failure to provide such notice shall not invalidate County actions.
Failure to Cure Default. If the defaulting Party fails to cure a default within the cure period established in the notice given pursuant to Section 30.2, as such period is extended pursuant to Section 30.2, with respect to the applicable Event of Default, Owner may terminate this Agreement with respect to such defaulting Party, without prejudice to any other right or remedy that may be available to it under this Agreement, at law or in equity. In addition, Owner may, without prejudice to any other available rights or remedies, as deemed appropriate in Owner's sole discretion:
Failure to Cure Default. (i) If the GOB fails to cure or is unable or unwilling to cure a NCC Event of Default within the cure periods provided to BPDB under this Land Use Agreement, the Company shall have all its rights and remedies with respect to such default as set forth in this Land Use Agreement:
Failure to Cure Default. If an Event of Default shall occur, the non- defaulting Party, at any time after the periods set forth in Section 3.1 and provided the defaulting Party has failed to cure such Event of Default within such applicable period, shall have the following rights and remedies, which are cumulative and in addition to any and all other remedies, in law or in equity that the non-defaulting Party may have against the defaulting Party:
Failure to Cure Default. Any such Default on the part of the Developer as set forth in Section 10.01 and the failure of the Developer to cure such Default within ninety (90) days after written demand by the City to correct said Default in the case of Subsections 10.01a, 10.01b, and 10.01c or within thirty (30) days after written demand by the City to correct said Default for Subsection 10.01f shall be deemed to constitute an Event of Default, provided, however, that if the nature of the Developer's Default is such that more than the cure period provided is reasonably required for its cure, then the Developer shall not be deemed to be in default if the Developer commences such cure within said period and thereafter diligently pursues such cure to completion. In the event the Developer is in good faith contesting any amount due under Subsection 10.01b, the Developer may, in lieu of paying said amount, deposit said amount in an escrow account which shall be disbursed upon the resolution of the dispute, or if the amount relates to a construction lien, the Developer may bond over the lien in the manner prescribed by law. Defaults pursuant to Subsections 10.01d, 10.01e, and 10.01g are hereby deemed to be material, non-curable Events of Default without the necessity of any notice by the City to the Developer thereof. The City may, in its sole discretion, waive in writing any Default or Event of Default by the Developer.
