All Other Defaults. Subject to the notice and cure provisions in Section 16.1. above, if either Party defaults in the performance of any of its obligations under this Agreement other than the obligations to close as set forth in Sections 16.2 and 16.3 above, the non-defaulting Party shall have such rights and remedies as are available at law or in equity, but in no event shall either Party recover damages other than actual damages for such default (including, without limitation, reasonable attorneys’ fees and costs), and each Party expressly waives its rights to receive consequential, incidental or punitive damages or damages for lost profits under this Agreement.
All Other Defaults. Except as to the default provisions or events referred to in Section 25(A) hereinabove, Lessee shall not be deemed to be in default under this Lease unless: Lessee fails to perform or comply with any other term, condition, obligation, or duty of Lessee under the terms and provisions of this Lease, and such failure shall continue for sixty (60) days after notice of such failure from Lessor to Lessee, or if such failure is of a nature reasonably requiring more than sixty (60) days to satisfy or cure using reasonable diligence, then Lessee shall not be in default if Lessee promptly commences such cure within such sixty (60) day period and thereafter diligently and continuously prosecutes such cure to completion. SECTION TWENTY-SIX LESSOR REMEDIES
All Other Defaults. The remedy of the non-defaulting party for any uncured defaults hereunder shall be indemnification as provided herein.
All Other Defaults. If Lessee shall be in default in performing any of the terms or provisions of this Lease other than the provision requiring the payment of rent, and if Lessor shall give Lessee notice in writing of such default and if Lessee shall fail to cure such default within ten (10) days after the date of receipt of such notice or if the default is of such a character as to reasonably require more than ten (10) days to cure then, if Lessee shall fail to use reasonable diligence in curing such default within such additional time as is reasonably necessary to do so, Lessor shall have the right to cure such default and the sums reasonably expended by Lessor in doing so shall be deemed to be additional rent and on demand shall be paid by Lessee on the day when rent shall next become due and payable.
All Other Defaults. If either Party defaults in the performance of any of its material obligations hereunder other than the obligations to close, the non-defaulting Party shall give written notice of the default to the defaulting Party. If such default is not cured within ten (10) days after receipt of such notice, the non-defaulting Party shall have the right to terminate this Agreement and retain all moneys paid by the defaulting Party or, if the non-defaulting Party is Melody, Melody may elect to exercise either the remedies set forth in Paragraph 13(a)(i) or 13(a(ii), but not both; or, if Melody is in default of any of its obligations under Paragraphs 7(b), 9(b)-(f), 14 or 15c), the Buffalo Highlands shall have the right to exercise any remedies that are available under Colorado law or equity, including, without limitation, specific performance; provided, however, that Buffalo Highlands shall not recover damages other than actual out-of-pocket damages incurred
All Other Defaults. Any default in the payment or performance of any other term, provisions, covenant, condition, or agreements set forth in this Agreement or in any of the other Loan Documents, other than as expressly set forth in subsections (a) through (h) above, which default remains uncured beyond the expiration of any applicable notice and/or cure period provided therein and, if no such notice or cure period is so provided, after thirty (30) days after notice of such failure is given to Borrower by Lender, provided that if such default is not curable within such thirty (30) day period but Borrower commences to cure same and diligently pursues the cure, after a reasonable additional period thereafter, not to exceed thirty (30) days (i.e., sixty (60) days in all), provided Borrower is at all times diligently pursuing the cure and provided such default shall not have a Material Adverse Effect.
