BREACH BY XXXXXX. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Xxxxxx. For purposes of this Paragraph 13.5, a reasonable time shall in no event be less than thirty (30) days after receipt by Lessor, and by the holders of any ground lease, mortgage or deed of trust covering the Premises whose name and address shall have been furnished Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days after such notice are reasonably required for its performance, then Lessor shall not be in breach of this Lease if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion.
BREACH BY XXXXXX. In the event Lessor considers that operations are not, at any time, being conducted in compliance with this Lease, or any implied covenant of this Lease, Lessor shall notify Lessee in writing of the facts relied upon as constituting a breach of any express or implied covenant or obligation of Lessee hereunder and, Xxxxxx, if in default, shall have sixty (60) days after receipt of such notice in which to commence compliance with its obligations hereunder. Failure on the part of Lessee to timely commence efforts to rectify any such breach and to exercise diligence in remedying any such breach shall operate as a forfeiture of this Lease as to the portion thereof affected by such breach.
BREACH BY XXXXXX. In the event that Hauler fails to perform any material obligation under this Agreement (other than the sole failure to deliver the Scheduled Deliveries during any Delivery Period), and such failure shall continue for thirty (30) days after written notice thereof from the Authority (except that no such notice and cure period shall apply to any failure to pay under Section 8 hereof), then and in such event such failure shall constitute an event of default by Hauler hereunder and the Authority shall have the right, in addition to any other remedies provided under this Agreement, to do any one or more of the following: (1) terminate this Agreement upon written notice to Hauler; (2) take such commercially reasonable steps as are necessary to protect its interests; or (3) exercise any right or remedy available to the Authority at law or in equity. If Xxxxxx fails to deliver the Scheduled Deliveries for any Delivery Period, then Hauler, in addition to any other Authority remedies hereunder, shall be liable for any Delivery Payments pursuant to Exhibit A, which shall be due and payable on demand.
BREACH BY XXXXXX. If Athlon does not fulfil obligations under the Agreement (or does not do so in a timely manner) and this represents a breach which affects or may affect the Supplier’s performance of its obligations under the Agreement, the Supplier will provide written notice to Xxxxxx immediately. The Supplier will also state to Athlon the expected consequences of Xxxxxx’s continued breach and the effect on the obligations to be fulfilled by the Supplier. In the event of timely, proper notice by the Supplier and insofar as it continues to fulfil the provisions in the following paragraph of this article, the period in which the Supplier may perform the obligation concerned will be extended by the duration of the delay caused by Xxxxxx's breach.
BREACH BY XXXXXX. Any breach by Tenant of the terms, covenants or conditions herein contained.
BREACH BY XXXXXX. In the event of a breach of or default under this Agreement by Xxxxxx in any material respect which is not cured within thirty (30) calendar days after a written notice of breach or default, Sharer may take the dispute to binding arbitration, pursuant to Section 7.3, provided that Sharer shall have first attempted in good faith to resolve the matter pursuant to the procedures set forth in Section 7.2. Following any such arbitration, if Xxxxxx is found to be in material breach of the Agreement, Sharer may terminate this Agreement with respect to Xxxxxx by written notice to Xxxxxx, provided that such notice of termination shall not take effect for a period of one hundred and eighty (180) days (the “Wind-Down Period”) in order for Xxxxxx to make the appropriate filings with the FCC and/or make alternative channel sharing arrangements with a third party. During such Wind-Down Period and any arbitration period, Sharer shall continue to transmit content provided by Xxxxxx using the Transmission Facilities, provided that Sharer may (i) reduce the spectrum allotted to Xxxxxx under the then-current Engineering Plan and Shared Operating Plan so that Xxxxxx only retains spectrum usage rights adequate to allow it to provide one SD program stream, and (ii) use, lease or otherwise dispose of the spectrum usage rights previously allotted to Xxxxxx under the Engineering Plan and Shared Operating Plan. At the end of the Wind-Down Period, Sharer shall have no further obligations to Xxxxxx.
BREACH BY XXXXXX. Upon the occurrence of any of the following events: (a) Lender or the Receiver discontinues or abandons construction for more than thirty (30) days or otherwise fails to adhere materially to Lender’s New Schedule; (ii) Construction Completion is not achieved on or before the completion deadline set forth in the Lender’s New Schedule; or (iii) Lender or the Receiver fails to comply with any other terms of this Agreement, then upon Lender’s failure to remedy any such breach within thirty (30) days’ written notice thereof, the City shall be entitled to exercise its Completion Rights upon Xxxxxx’s failure to remedy any such breach within thirty (30) days’ written notice thereof to Lender and the Receiver.
BREACH BY XXXXXX. In the event of a breach of or default under this Agreement by Xxxxxx in any material respect which is not cured within thirty (30) calendar days after a written notice of breach or default (or five (5) business days in the event of a breach or default by Xxxxxx of its payment obligations hereunder), Sharer may take the dispute to binding arbitration, pursuant to Section 6.3 or 6.4, provided that Sharer shall have first attempted in good faith to resolve the matter pursuant to the procedures set forth in Section 6.2. Following any such arbitration, if Xxxxxx is found to be in material breach of the Agreement, provided that if such breach involves a dispute over valuation or cost, then the party found in material breach shall have a final opportunity to cure by making payment within five (5) business days following conclusion of the arbitration, Sharer may terminate this Agreement with respect to Xxxxxx by written notice to Xxxxxx, provided that such notice of termination shall not take effect for a period of one hundred and eighty (180) days (the “Wind-Down Period”) in order for Xxxxxx to make the appropriate filings with the FCC and/or make alternative channel sharing arrangements with a third party. During such Wind-Down Period, provided that Xxxxxx has made and continues to timely make all payments to Sharer required under this Agreement, Sharer shall continue to transmit content provided by Xxxxxx using the Transmission Facilities, provided that Sharer may (i) reduce the spectrum allotted to Xxxxxx under the then-current Engineering Plan and Shared Operating Plan so that Xxxxxx only retains spectrum usage rights adequate to allow it to provide one SD program stream, and (ii) use, lease or otherwise dispose of the spectrum usage rights previously allotted to Xxxxxx under the Engineering Plan and Shared Operating Plan. At the end of the Wind-Down Period, Sharer shall have no further obligations to Xxxxxx, except as provided in Section 5.3. The failure by Xxxxxx to timely fulfill its payment obligations pursuant to this Agreement shall constitute a material breach by Xxxxxx.
BREACH BY XXXXXX. In the event of a breach of or default under this Agreement by Xxxxxx in any material respect which is not cured within thirty (30) calendar days after a written notice of breach or default (or five (5) business days in the even... (f)
BREACH BY XXXXXX. In the event Lender breaches any condition or covenant of this Authorization or the Master Loan Guarantee Agreement, or in the event Lender fails to comply with the Act or ALG Rules, Authority may limit, revoke, terminate or withdraw its guarantee or rebate for the Loan.
