Common use of Failure to Cure Clause in Contracts

Failure to Cure. If any of the Parties shall fail to perform any of its obligations hereunder (other than non-payment of sums owed), and the party affected by such default shall have given written notice of such default to the defaulting party, and such defaulting party shall have failed to cure such default within thirty (30) days of such default notice (provided, however, that said thirty (30) day period shall be extended if the defaulting party has initiated the cure of said default and is diligently proceeding to cure the same), then, in addition to any and all other remedies that may be available, either in law or equity, the party affected by such default shall have the right (but not the obligation) to take such action as in its reasonable discretion and judgment shall be necessary to cure such default. In such event, the defaulting party hereby agrees to pay and reimburse the party affected by such default for all reasonable costs and expenses (including attorney’s fees and litigation expenses) incurred by it in connection with action taken to cure such default.

Appears in 5 contracts

Samples: Annexation Agreement, Agreement, Agreement

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Failure to Cure. If any of the Parties shall fail to perform any of its obligations hereunder (other than non-payment of sums owed), and the party affected by such default shall have given written notice of such default to the defaulting party, and such defaulting party shall have failed to cure such default within thirty (30) days of such default notice (provided, however, that said thirty (30) day period shall be extended if and during the period that the defaulting party has initiated the cure of said default and is diligently proceeding to cure the same), then, in addition to any and all other remedies that may be available, either in law or equity, the party affected by such default shall have the right (but not the obligation) to take such action as in its reasonable discretion and judgment shall be necessary to cure such default. In such event, the defaulting party hereby agrees to pay and reimburse the party affected by such default for all reasonable costs and expenses (including reasonable attorney’s fees and litigation expenses) incurred by it in connection with action taken to cure such default.

Appears in 2 contracts

Samples: Annexation Agreement, Annexation Agreement

Failure to Cure. If any of the Parties shall fail to perform any of its obligations hereunder (other than non-payment of sums owed)hereunder, and the party affected by such default shall have given written notice of such default to the defaulting partyParty, and such defaulting party Party shall have failed to cure such default within thirty (30) days of such default notice (provided, however, that said thirty (30) day period shall be extended if the defaulting party Party has initiated the cure of said default and is diligently proceeding to cure the same), then, in addition to any and all other remedies that may be available, either in law or equity, the party Party affected by such default shall have the right (but not the obligation) to take such action as in its reasonable discretion and judgment shall be necessary to cure such default. In such event, the defaulting party Party hereby agrees to pay and reimburse the party affected by such default for all reasonable costs and expenses (including attorney’s attorneys‟ fees and litigation expenses) incurred by it in connection with action taken to cure such default.

Appears in 1 contract

Samples: Annexation Agreement

Failure to Cure. If any of the Parties shall fail to perform any of its obligations hereunder (other than non-payment of sums owed)hereunder, and the party affected by such default shall have given written notice of such default to the defaulting partyParty, and such defaulting party Party shall have failed to cure such default within thirty (30) days of such default notice (notice, provided, however, that said thirty (30) day period shall be extended if the defaulting party Party has initiated the cure of said default and is diligently proceeding to cure the same), then, in . In addition to any and all other remedies that may be available, either in law or equity, the party Party affected by such default shall have the right (right, but not the obligation) , to take such action as in its reasonable discretion and judgment shall be necessary to cure such default. In such event, the defaulting party Party hereby agrees to pay and reimburse the party affected by such default for all reasonable costs and expenses (expenses, including attorney’s attorneys’ fees and litigation expenses) , incurred by it in connection with action taken to cure such default.

Appears in 1 contract

Samples: Manor Annexation Agreement

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Failure to Cure. If any of the Parties shall fail to perform any of its obligations hereunder (other than non-payment of sums owed)hereunder, and the party affected by such default shall have given written notice of such default to the defaulting partyParty, and such defaulting party Party shall have failed to cure such default within thirty (30) days of such default notice (provided, however, that said thirty (30) day period shall be extended if the defaulting party Party has initiated the cure of said default and is diligently proceeding to cure the same), then, in addition to any and all other remedies that may be available, either in law or equity, the party Party affected by such default shall have the right (but not the obligation) to take such action as in its reasonable discretion and judgment shall be necessary to cure such default. In such event, the defaulting party Party hereby agrees to pay and reimburse the party affected by such default for all reasonable costs and expenses (including attorney’s attorneys’ fees and litigation expenses) incurred by it in connection with action taken to cure such default.

Appears in 1 contract

Samples: Annexation Agreement

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