SITLA Breach Sample Clauses

SITLA Breach. If SITLA breaches any of its material obligations in this Amended and Restated Lease, Lessee shall send SITLA Notice of the default. If SITLA fails to cure the default within 30 days of Lessee’s Notice, or if the cure requires a period longer than 30 days to complete and SITLA fails to commence to effect the cure within such 30-day period or diligently pursue such cure thereafter, Lessee may, as its sole and exclusive remedy, seek damages from SITLA by filing a judicial action in the appropriate venue, as set forth below. In seeking damages from SITLA, Lessee may recover its actual damages accruing from breach but may not offset or abate any sums due SITLA under this Amended and Restated Lease, and may not terminate this Amended and Restated Lease (except as otherwise provided in Section 14.2 (Lessee’s Right to Terminate).

Related to SITLA Breach

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • WHEREAS the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

  • NOW, THEREFORE the parties hereto agree as follows:

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

  • Notices All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given (i) if delivered by hand and receipted for by the party to whom said notice or other communication shall have been directed, or (ii) mailed by certified or registered mail with postage prepaid, on the third (3rd) business day after the date on which it is so mailed:

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.