Enforcement of Performance Sample Clauses

Enforcement of Performance. If an Event of Default occurs, Landlord may elect to proceed by appropriate judicial proceedings, either at law or in equity, to enforce performance or observance by Tenant of the applicable provisions of this Lease and/or to recover damages for breach hereof.
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Enforcement of Performance. (a) If an Event of Default occurs (other than (A) the failure of the conditions precedent to the Commencement of Construction to timely occur pursuant to Section 2.1 or (B) the failure of the Developer to achieve the Completion Date on or prior to the Default Date), County may elect, as its sole and exclusive remedies, to (i) enforce performance or observance by Developer of the applicable provisions of this Agreement, and/or (ii) recover actual damages for breach of this Agreement; it being specifically understood and agreed that in no event shall County be able to seek or be entitled to consequential damages or any other kind or type of damages other than actual damages for breach of this Agreement, and/or (iii) only in the circumstances described in this Section 19.2(a) and Section 19.3(a) and in no other circumstances, terminate this Agreement pursuant to Section 19.3(a). If an Event of Default occurs (other than (A) the failure of the conditions precedent to the Commencement of Construction to timely occur pursuant to Section 2.1 or (B) the failure of the Developer to achieve the Completion Date on or prior to the Default Date), County’s election of a remedy under this Section 19.2(a) with respect to such Event of Default shall not limit or otherwise affect County’s right to elect any other remedies available to County under this Section 19.2(a), except as set forth herein. If the conditions precedent to Commencement of Construction shall fail to timely occur pursuant to Section 2.1, the sole remedy with respect to such failure shall be as set forth in Section 2.1(f). If Developer fails to achieve the Completion Date on or prior to the Default Date, then Related or Developer shall pay County (and County agrees to accept such sums as the sole remedy of the County for such failure and its election of such sole remedy shall be conclusively deemed to limit County’s right to elect any other remedies available to County, including, without limitation, any other remedies under the Payment, Performance, and Construction Guaranty, during and for such period of delay) One Hundred Fifty Thousand Dollars ($150,000) per month (which amount shall be proportionally adjusted for fractions of a month using the actual number of calendar days in such month) from the Default Date until the Completion Date as liquidated damages, THE PARTIES HEREBY AGREEING AND ACKNOWLEDGING THAT COUNTY’S ACTUAL DAMAGES IN THE EVENT OF SUCH DELAY WOULD BE DIFFICULT OR IMPOSSIBLE TO ASCERTA...
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Enforcement of Performance. Damages; and Termination 60 Section 12.3 Expiration and Termination of Lease 60 Section 12.4 Waiver of Rights of Tenant and Landlord 61 Section 12.5 Receipt of Moneys after Notice or Termination 61 Section 12.6 Strict Performance 61
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Related to Enforcement of Performance

  • Prevention of Performance The Custodian will not be responsible for any failure to perform any of its obligations (nor will it be responsible for any unavailability of funds credited to the Cash Account) if such performance is prevented, hindered or delayed by a Force Majeure Event, in such case its obligations will be suspended for so long as the Force Majeure Event continues. “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Custodian, such as restrictions on convertibility or transferability, requisitions, involuntary transfers, unavailability of communications system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government.

  • Guaranty of Performance Each Guarantor also guaranties the full, prompt and unconditional performance of all obligations and agreements of every kind owed or hereafter to be owed by the Borrower to the Agent or the Lenders under the Credit Agreement and the other Loan Documents to which the Borrower is a party. Every provision for the benefit of the Agent or the Lenders contained in this Guaranty shall apply to the guaranty of performance given in this paragraph.

  • Assurance of Performance If at any time the COUNTY has good objective cause to believe CONTRACTOR may not be adequately performing its obligations under this Agreement or that CONTRACTOR may fail to complete the Services as required by this Agreement, COUNTY may request from CONTRACTOR prompt written assurances of performance and a written plan acceptable to COUNTY, to correct the observed deficiencies in CONTRACTOR’s performance. CONTRACTOR shall provide such written assurances and written plan within thirty (30) calendar days of its receipt of COUNTY’s request and shall thereafter diligently commence and fully perform such written plan. CONTRACTOR acknowledges and agrees that any failure to provide such written assurances and written plan within the required time is a material breach under this Agreement.

  • Impossibility of Performance The credit union will not be liable for failure to comply with the terms of a wire transfer agreement caused by legal constraint interruption or failure of transmission and/or communications facilities, war, emergency, labor dispute, act of nature, or other circumstances beyond the control of the credit union.

  • Manner of Performance Subject to the provisions of Article XII hereof, the Contractor shall perform all of the Work described in the Statement of Work, or cause such Work to be performed in an efficient and expeditious manner and in accordance with all of the terms and provisions of this Agreement. The Contractor shall perform the Work in accordance with the current professional standards and with the diligence and skill expected for the performance of work of the type described in the Statement of Work. The Contractor shall furnish such personnel and shall procure such materials, machinery, supplies, tools, equipment and other items as may reasonably be necessary or appropriate to perform the Work in accordance with this Agreement.

  • Suspension of Performance Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.

  • Limitations of Performance The Custodian shall not be responsible under this Agreement for any failure to perform its duties, and shall not be liable hereunder for any loss or damage in association with such failure to perform, for or in consequence of the following causes:

  • Excuse of Performance Seller shall not be liable for delays in performance or for non-performance due to failure or interruption of computer or telecommunication systems, acts of God, war, riot, fire, terrorism, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or other unforeseen circumstances or causes beyond Seller's reasonable control. In the event of such delay, the time for performance or delivery shall be extended by a period of time reasonably necessary to overcome the effect of the delay.

  • Standard of Performance Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement.

  • Time of Performance Time for performance of the Scope of Services under this Agreement shall begin with receipt of the Notice to Proceed and end no later than December 31, 2026. Consultant shall complete the tasks described in the Scope of Services, within this time or within such additional time as may be extended by the County.

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