Remedies for Default. If either Party shall default in any of its obligations under this Agreement and such default continues thirty (30) days after written notice thereof has been provided to the defaulting Party, the Party not in default may exercise any of the remedies available to it. Provided however, in such cases where a default cannot be cured within the thirty (30) day period by the exercise of diligent, commercially reasonable effort, the defaulting Party shall have an additional sixty (60) days to cure the default for a total of ninety (90) days after the Party not in default provides its notice of default. Upon Commission approval and subject to Section 7.01. the remedies available to each Party shall include, without limitation: (i) refusal to grant any additional permission for Attachments to the other Party until the default is cured; (ii) termination of this Agreement; and (iii) injunctive relief.
Appears in 15 contracts
Samples: Attachment Agreement, Utah Pole Attachment Agreement, Utah Pole Attachment Agreement
Remedies for Default. If either Party shall default in any of its obligations under this Agreement and such default continues thirty (30) days after written notice thereof has been provided to the defaulting Party, the Party not in default may exercise any of the remedies available to it. Provided however, in such cases where a default cannot be cured within the thirty (30) day period by the exercise of diligent, commercially reasonable effort, the defaulting Party shall have an additional sixty (60) days to cure the default for a total of ninety (90) days after the Party not in default provides its notice of default. Upon Commission approval and subject to Section 7.01. 7.01 the remedies available to each Party shall include, without limitation: (i) refusal to grant any additional permission for Attachments to the other Party until the default is cured; (ii) termination of this Agreement; and (iii) injunctive relief.
Appears in 3 contracts
Samples: Utah Pole Attachment Agreement, Attachment Agreement, Utah Pole Attachment Agreement
Remedies for Default. If either Party shall remain in default in any of its obligations under this Agreement and such default continues thirty (30) days after written notice thereof has been provided to the defaulting PartyParty pursuant to Article XII, the Party not in default may exercise any of the remedies available to it. Provided however, in such cases where a default cannot be cured within the thirty (30) day period by the exercise of diligent, commercially reasonable effort, the defaulting Party shall have an additional sixty (60) days to cure the default for a total of ninety (90) days after the Party not in default provides its notice of default. Upon Commission approval and subject to Section 7.01. 10.01 the remedies available to each Party shall include, without limitation: (i) refusal to grant permission for any additional permission for Attachments to the other Party until the default is cured; (ii) termination of this Agreement; and (iii) injunctive relief.
Appears in 1 contract
Remedies for Default. If either Party shall remain in default in any of its obligations under this Agreement and such default continues thirty (30) days after written notice thereof has been provided to the defaulting PartyParty pursuant to Article XII, the Party not in default may exercise any of the remedies available to it. Provided however, in such cases where a default cannot be cured within the thirty (30) day period by the exercise of diligent, commercially reasonable effort, the defaulting Party shall have an additional sixty (60) days to cure the default for a total of ninety (90) days after the Party not in default provides its notice of default. Upon Commission approval and subject to Section 7.01710.01. the remedies available to each Party shall include, without limitation: (i) refusal to grant permission for any additional permission for Attachments to the other Party until the default is cured; (ii) termination of this Agreement; and (iii) injunctive relief.relief.
Appears in 1 contract
Samples: Attachment Agreement