Default by the District Sample Clauses

Default by the District. In the event the District is in default under this Contract, the Contractor shall first provide written notice to the District of said condition alleged by the Contractor to be a default, and the District shall have a reasonable period of time, not to exceed sixty days, within which to cure said default. During said period, the Contractor shall continue to provide the services to the District.
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Default by the District. HASP may pursue any remedy available at law or equity to obtain water use reporting and payment of fees in the event the District fails to make timely reporting or payment of the amounts due hereunder. The Augmentation Water may be withheld and this Agreement may be terminated for failure to make timely reporting or payment of fees, and HASP shall notify the State Engineer that the District’s customers’ xxxxx are no longer covered by the HASP Augmentation Plan. In such event, the xxxxx may be subject to separate administrative and enforcement actions by the State Engineer.
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Default by the District. Except as provided in Section 14.11 concerning the District ’s obligation to make repairs which affect the health or safety of the City ’s employees, licensees or invitees, if the District fails to perform any of the covenants or conditions required on its part to be performed pursuant to this Agreement, where such failure continues for a period of thirty (30) days after receipt of written notice specifying the nature and extent of such default in detail (provided, however, that if such default is of a nature that it cannot reasonably be cured within such thirty (30) day period, the District shall have such additional time as may be required to effect such cure provided the District commences the cure within such thirty (30) day period), the District shall be liable to the City for all damages sustained as a direct result of such breach. The District 's liability shall be limited to the District 's interest in the Premises.
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Default by the District. The District shall not be in default unless the District fails to perform obligations required of the District within a reasonable time, but in no event later than thirty (30) calendar days after written notice by the Charter School to the District specifying wherein the District has failed to perform such obligations; provided however, that if the nature of the District’s obligation is such that more than 30 days are required for performance, then the District shall not be in default if the District commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. In the event of default by the District, the Charter School may pursue all remedies available by law.
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Default by the District. In the event of a failure of the District to meet any of its obligations under this Agreement, or the failure of any of the representations, warranties or covenants described in Section 16 hereof, Xxxxxx Homes may, as its sole and exclusive remedy, exercise one of the following remedies:
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Default by the District. The District shall be in default of this Transmission Agreement if, and only if, and to the extent that, it intentionally refuses to provide the Transmission Service for Output to which Alcoa is entitled under the Power Sales Agreement. For purposes of the foregoing, the District will be deemed to have intentionally refused to provide Transmission Service if and only to the extent that during any hour in which Output to which Alcoa is entitled under the Power Sales Agreement is available for delivery to Alcoa under the Power Sales Agreement; and (a) the Chelan Transmission System has the transfer capability to transmit such Output but nevertheless the District refuses to do so with full knowledge and intent that such action is inconsistent with Alcoa’s rights under this Transmission Agreement and in blatant disregard for its express obligations hereunder; or (b) the District has sold firm transmission to another person or entity with full knowledge and intent that such action is inconsistent with Alcoa’s rights under this Transmission Agreement and in blatant disregard for the District’s express obligations hereunder and such action causes the District to be unable to perform its obligations under this Transmission Agreement. Any actions taken by the District pursuant to (i) Section 3.03 or (ii) a Coordination Authority directive, action or instruction under Section 3.02 shall not be deemed to be an intentional act by the District for purposes of this Section 11.01.
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Default by the District. If the District is in Default under Section 11.01, Alcoa shall be entitled, as its sole remedy, (i) to an order of specific performance, directing the District to fulfill its obligation to transmit Output under this Transmission Agreement, and (ii) upon demonstration by Alcoa that the District has sold Output to third parties during any hour in which the District is, or was, in Default, recovery of any revenues received by the District from such third-party sale. For purposes of making the demonstration required by the second clause of the foregoing sentence, the Parties acknowledge that a sale of energy by the District to a third party during any hour in which Output is not being transmitted under the Transmission Agreement does not mean, ipso facto, that the District has sold Output to such third party. The Parties hereby acknowledge and agree that equitable relief, in the form of specific performance, would be appropriate remedy for any Default by the District under this Section 12.02, upon demonstration by Alcoa of the factual grounds to substantiate such remedy.
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Default by the District. An Event of Default by District under this FUA shall be deemed to have occurred if, and only if, the District fails to perform or observe any other term, covenant, or condition of this Agreement and such failure continues for a period of more than fifteen (15) days after the date District receives written notice from the School notifying District of the specific failure; provided, however, the District shall have such extended period as may be required beyond the fifteen (15) days if the nature of the cure is such that it reasonably requires more than fifteen (15) days and District commences the cure within the fifteen (15) day period and thereafter continuously and diligently pursues the same to completion. The School’s sole remedy for an Event of Default by the District shall be to terminate this Agreement.
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Related to Default by the District

  • Default by City City shall not be in default under this Agreement unless City fails to perform an obligation required of City under this Agreement within twenty (20) days after written notice by Tenant to City. If the nature of City's obligation is such that more than twenty (20) days are reasonably required for performance or cure, City shall not be in default if City commences performance within such twenty (20) day period and thereafter diligently prosecutes the same to completion. In no event may Tenant terminate this Agreement or withhold the payment of rent or other charges provided for in this Agreement as a result of City’s default.

  • Default by State If the State, sixty (60) days after receipt of written notice, fails to correct or cure any material breach of this Contract, the Contractor may cancel and terminate this Contract and institute measures to collect monies due up to and including the date of termination.

  • Default by Seller Except as specifically provided elsewhere in this Contract, in the event that Seller fails to consummate this Contract or if Seller fails to perform any of Seller's other material obligations hereunder either prior to or at the Closing and such failure or refusal results from any reason other than the termination of this Contract by Purchaser pursuant to a right to terminate expressly set forth in this Contract or Purchaser's failure to perform Purchaser's obligations under this Contract, Purchaser may as its only remedy either (i) terminate this Contract by giving written notice thereof to Seller prior to or at the Closing, in which event Purchaser will be entitled to a return of the Deposit Note, whereupon neither party hereto will have any further rights or obligations hereunder, except (a) that Seller will authorize the Title Company to deliver to Purchaser the Deposit Note and Title Company will deliver the Deposit Note to Purchaser free of any claims by Seller or any other person with respect thereto, (b) that Seller shall reimburse Purchaser for its out of pocket costs associated with the negotiation and preparation of this Agreement and its examination of the Property, including, the fees and disbursements of its counsel, advisers, and agents, and (c) for provisions which survive Closing by their terms or (ii) enforce specific performance of Seller's duties and obligations under this Contract, provided that the right to enforce specific performance shall not require Seller to remove any title encumbrances placed on the Property after the Effective Date or require Seller to perform any covenant beyond the then current ability of Seller. In the event Purchaser fails to file an action for specific performance of this Contract on or before ninety (90) days after the date of such non-performance, Purchaser shall be deemed to have elected to proceed under clause (i) above and shall be deemed to have waived its right to enforce specific performance of this Contract.

  • DEFAULT BY RESIDENT Resident (and Resident’s guests if applicable) agrees to abide by all federal, state and municipal laws, ordinances, regulations or orders (including, but not limited to, those pertaining to use of hazardous substances) as well as Owner’s Rules and Regulations now in effect or which may be hereafter be enacted. Resident will be in default if: (1) Resident fails to pay any Rent Installment or Additional Rent, as and when due hereunder; (2) Resident abandons the Premises; (3) Resident fails to perform any of his or her obligations hereunder; (4) Any information contained in Resident's Lease Contract Application is untrue or misleading; (5) Resident or Resident’s guest(s) violates this Lease Contract, Rules and Regulations, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (6) Illegal drugs or paraphernalia are found in the Premises, whether or not Owner can establish possession (medical marijuana prescriptions shall constitute illegal drugs as a controlled substance pursuant to federal and state law); (7) Resident, in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; (8) Resident is arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for a felony offense or a misdemeanor if the crime is of a sexual or violent nature; (9) Resident displays, discharges, or possesses a gun, knife (of certain dimension), or other weapon (or uses an ordinary object as a weapon), including, but not limited to, any pistol, revolver, rifle, shotgun, or other weapon designed or intended to propel a missile of any kind, throwing stars, nun chucks, and similar objects. WEAPONS ARE NOT PERMITTED ANYWHERE IN THE COMMUNITY, INCLUDING YOUR UNIT. Owner does not guarantee a firearms-free environment. If Resident is in default, Owner may, at its option, terminate this Lease Contract by written notice to Resident. The total cost of repairs for any and all damages caused by Resident or Resident’s guests will be the responsibility of Resident. Resident and Resident’s Guarantor(s) remain fully responsible for any deficiency in the Lease Contract obligations for the remainder of the Term. Owner’s rights shall include, but shall not be limited to, terminating Resident’s right to occupy the Premises and the Unit or terminating the Lease Contract, at Owner’s sole discretion, upon one (1) day’s written notice to vacate and regaining possession of the Premises and the Unit in the manner provided by applicable law. It is understood that in the event Owner terminates a Roommate’s right to occupy the Premises and Unit, it shall be a default under this Lease Contract by Resident for such Roommate to occupy the Premises and Unit. In addition, in the event of Resident’s default, Resident shall be liable for and shall pay: (i) a reletting fee equal to 85% of one month’s Rent to offset the costs of reletting the Premises and Unit; (ii) all monthly Rent and other charges which are payable during the remainder of the Term of this Lease Contract shall continue to be charged monthly to Resident until the Premises are relet (subject to Owner’s reasonable duty to mitigate); and (iii) any other sums that may be due pursuant to the Lease Contract or applicable law, in addition to legal and eviction costs incurred, as Additional Rent.

  • Default by Owner If one or more of the following Events of Default shall occur and be continuing, that is to say:

  • Default by Developer If Developer causes either an Event of Monetary Default or an Event of Non-Monetary Default, then the City may commence proceedings to modify or terminate this Agreement pursuant to this Section 11.4.

  • Events of Default by Either Party It shall constitute an event of default (“Event of Default”) by either Party hereunder if:

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