Common use of Default and Opportunity to Cure Clause in Contracts

Default and Opportunity to Cure. If the County shall default in any of it material obligations under this Agreement, which shall be defined as a repeated failure to provide the required level of service, then, in that event, the District shall provide written notice of default to the County and afford the County a period of ninety (90) days to cure such default (if such default is curable); provided, however, that if the default in question cannot be cured within such ninety (90) day period, then the County shall be afforded such additional time as shall be reasonably required to cure such default. If the County shall be in default hereunder beyond the expiration of the applicable period stated above, the District shall have the right, but not the obligation, to cure such default, in which event the County shall immediately reimburse the District for all sums paid to affect such cure. In the event that the default cannot be cured by District, this Agreement shall terminate at the expiration of said ninety (90) day period. If the District shall default in any of its material obligations under this Agreement, which shall be defined as a repeated failure to provide the required level of service, then, in that event, the County shall provide notice of default to the District and afford the District a period of (90) days to cure such default (if such default is curable); provided, however, that if the default in question cannot be cured within such ninety (90) day period, then the District shall be afforded such additional time as shall be reasonably required to cure sure default. If the District shall be in default hereunder beyond the expiration of the applicable cure period stated above, the County shall have the right, but not the obligation, to cure such default, in which event the District shall immediately reimburse County for all sums paid to affect such cure. In the event that the default cannot be, or is not, cured by County, this Agreement shall terminate at the expiration of said (90) day period. The provisions of this section do not abrogate the termination without cause provision provided in Section 9, above.

Default and Opportunity to Cure. A. If the Town determines that the County shall default has defaulted in any of it its material obligations under this Agreement, which shall be defined as a repeated failure to provide the required level of service, then, in that event, the District Town shall provide written notice of the default to the County and shall afford the County a period of ninety no less than thirty (9030) days to cure such default (if such default is curable)default; provided, however, that if the default in question cannot be cured within such ninety the thirty (9030) day cure period, then the County shall be afforded such additional time as shall be reasonably required by the Town to cure such the default. . B. If the County shall be in default hereunder beyond the expiration of the applicable cure period stated above, the District Town shall have the right, but not the obligation, right to cure such default, in which event the County shall immediately reimburse the District Town for all sums paid to affect effect such cure. In . C. Notwithstanding anything herein to the event contrary, the County's failure to comply with the response time standard of performance, or to meet any term or condition due to budgetary limitations or constraints, shall be addressed in accordance with Section 10 and Section 3.B., respectively, and this Section 13 shall not apply. D. If the County determines that the default cannot be cured by District, this Agreement shall terminate at the expiration of said ninety (90) day period. If the District shall default Town has defaulted in any of its material obligations under this Agreement, which shall be defined as a repeated failure to provide the required level of service, then, in that event, the County shall provide written notice of the default to the District Town and shall afford the District a period of Town no less than thirty (9030) days to cure such default (if such default is curable); default, provided, however, that if the default in question cannot be cured within such ninety the thirty (9030) day period, then the District Town shall be afforded such additional time as shall be reasonably required by the County to cure sure the default. . E. If the District Town shall be in default hereunder beyond the expiration of the applicable cure period stated above, the County shall have the right, but not the obligation, right to cure such default, in which event the District Town shall immediately reimburse County for all sums paid to affect effect such cure. In the event that the default cannot be, or is not, cured by County, this Agreement shall terminate at the expiration of said (90) day period. The provisions of this section do not abrogate the termination without cause provision provided in Section 9, above.