Non-Monetary Default. Failure in the performance of any of the agreements, conditions, covenants, provisions or stipulations contained in the Loan Documents which is not cured within one hundred twenty (120) days from written notice thereof from the Lender to the Borrower.
Non-Monetary Default. The occurrence of any of the following, except to the extent constituting a Monetary Default: (a) any failure of a Party to perform any of such Party’s obligations under this Agreement; (b) any failure of a Party to comply with any material restriction or prohibition in this Agreement; or (c) any other event or circumstance that, with passage of time or giving of Notice, or both, would constitute a breach of this Agreement by a Party.
Non-Monetary Default. In the event of any breach of this Lease by Lessee, other than as specified in Section 12.1, if Lessor shall deliver by registered mail, postage prepaid, return receipt requested, to Lessee and any leasehold mortgagee a written notice specifying such breach and if the breach so specified by such notice shall not be removed or cured for a period of sixty (60) days after the date of receipt of such notice without Lessee or any mortgagee or a designee of any mortgagee having commenced to remove or cure such breach (and thereafter proceeding with reasonable diligence to completely remove or cure such breach), then in such event Lessor shall have the right at its election to exercise any of the remedies set forth hereinafter; provided that if there be one or more mortgagees who are entitled to notice of default, Lessor shall not have the right to exercise any such remedies until and unless it has delivered to such mortgagees a second notice of default, specifying (i) that such breach remains uncured and (ii) a date of termination of the Lease if the breach continues, which date shall not be less than sixty (60) days following receipt of the second notice. If, within sixty (60) days after the delivery of such second notice of default, any such mortgagee notifies Lessor that it intends to remove or cure such breach, the termination of this Lease, as fixed in Lessor's second notice shall be postponed or extended until the earlier to occur of (a) six (6) months after receipt of the second notice by all such mortgagees or (b) the date on which such removal or cure is accomplished, in which event the Lease shall not be terminated. Provided, further, that if any mortgagee of Lessee's interest under mortgage or deed of trust or other encumbrance is not in actual possession of the Leased Premises at the time of such breach, then the time within which such mortgagee or its designee may commence to cure such default shall be extended until such mortgagee or its designee can obtain actual possession, provided that during such interim the mortgagee under a mortgage of the leasehold estate, or its designee, shall pay or cause to be paid all rents, taxes, assessments, and insurance premiums provided for hereunder as and when they become due under the terms of this Lease.
Non-Monetary Default. A violation by the Student of any of the other terms and conditions of this Agreement, unless such violation is, in the College’s sole judgment, curable and the Student does cure such violation to the College’s satisfaction during the Three-Day Period;
Non-Monetary Default. If any representation or warranty provided for herein proves to be materially inaccurate, or if either party breaches any non-monetary covenant provided for herein or defaults in the performance of any non-monetary term, condition, or provision of this Agreement and the default is not cured within thirty (30) days (if capable of being cured within that time) after the non-defaulting party gives written notice to the defaulting party of such default, the non-defaulting party shall have the right to terminate this Agreement immediately upon the expiration of such thirty (30) day period. If the nature of the default is such that more that thirty (30) days are required for cure, the non-defaulting party shall have the right to terminate upon written notice if the defaulting party fails to commence efforts to cure such default within the thirty (30) day period and in any event such cure is not completed within 75 days of the commencement of such 30-day period.
Non-Monetary Default. Any Non-Monetary Default, other than those specifically addressed in Section 2.21.2, Section 2.21.3, or Section 2.21.4, that is not cured within thirty (30) days after Notice to the Party in Default describing the Non-Monetary Default in reasonable detail. In the case of such a Non-Monetary Default that cannot with reasonable diligence be cured within thirty (30) days after the effective date of a Notice of Default, the Party asserted to be in Default shall only be in Default if such Party does not do all of the following: (a) within thirty (30) days after Notice of such Non-Monetary Default, advise the other Party of the intention of the Party in Default to take all reasonable steps to cure such Non-Monetary Default;
Non-Monetary Default. The term "Non-Monetary Default" means any failure by Tenant to comply with any terms or provisions of, or perform as required by, this Restated Lease, other than a Material Monetary Default or a Non-Material Monetary Default. A Bankruptcy Default shall be considered a Non-Monetary Default.
Non-Monetary Default. The Purchaser shall be deemed to be in default of performance of its obligations under this Agreement in the following cases:
Non-Monetary Default. The Borrower fails to perform or observe any obligation of the Borrower to the Agent or the Banks under the Credit Documents (other than as set forth in subsection (a), above) or any other term, covenant or other provision in any Credit Document in accordance with the terms thereof and, if such default is curable (it being specifically agreed that no default may be cured after the Termination Date), the Borrower fails to cure such default within five days after the earlier to occur of: (i) the knowledge of the Borrower, or (ii) written notice from the Agent (provided, however, nothing herein shall be deemed to require the Agent to give the Borrower notice of any default); or
Non-Monetary Default. If any Owner Event of Default (other than a payment default as described in Section 13.5.1 above) occurs, then (a) to the extent such Owner Event of Default materially and adversely affects Contractor’s ability to achieve any of the Required Contract Dates, increases Contractor’s cost to perform the Work or otherwise adversely affects the provisions of this Agreement, Contractor, if it so requests, shall be entitled, and Owner shall execute, a Change Order as provided in Section 10.3, 10.4, 10.5 and 10.7 (b) Contractor shall be entitled to any other right or remedy permitted under this Agreement (other than termination if such Owner Event of Default can be fully cured by a Change Order issued in accordance with Article 10 and in compliance with Applicable Legal Requirements) as a result of such Owner Event of Default, and (c) Contractor shall be entitled to suspend its performance of the Work, such suspension to become effective upon Owner’s receipt of Notice thereof from Contractor. “Owner Events of Default” shall occur if:
