Common use of Habitual Default Clause in Contracts

Habitual Default. In the event that Concessionaire has frequently, regularly, or repetitively breached any of the terms, covenants, or conditions of this Agreement, regardless of whether Concessionaire has cured each or any individual breach, Concessionaire may be determined by County to be a "Habitual Violator." At the time that such determination is made, County shall issue to Concessionaire a written notice advising of such determination and citing the circumstances therefore. Such notice shall also advise Concessionaire that there shall be no further notice or cure periods to correct any subsequent breach and that any subsequent breach of whatever nature, taken with all previous breaches, considered cumulative and collectively, shall constitute a condition of noncurable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach, County may terminate this Agreement upon the giving of written notice of termination to Concessionaire, such termination to be effective upon delivery of the notice to Concessionaire.