Default by the City Clause Samples

Default by the City. The City shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within 30 days after receipt of written notice by Tenant to the City specifying the nature of such default; provided, however, that if the nature of the City’s obligation is such that more than 30 days are required for its performance, then the City shall not be deemed to be in default if it shall commence its performance within such 30 day period and thereafter shall diligently prosecute the same to completion. If the City default occurs, Tenant may thereafter pursue any other remedy to which ▇▇▇▇▇▇ is entitled at law or in equity.

Default by the City. Sublandlord does not assume any obligation to perform the provisions of the Prime Lease to be performed by the City. If the City fails to perform any of the provisions set forth in the Prime Lease to be performed by the City, Sublandlord shall be under no obligation or liability whatsoever to Subtenant. Sublandlord, however, shall cooperate with Subtenant, and will use all reasonable efforts to require performance by the City of the landlord obligations pursuant to the Prime Lease. Subtenant also shall have the right to take any action against the City in its own name 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 1399 and for that purpose, and only to such extent, Sublandlord hereby assigns to Subtenant such of the rights of Sublandlord under the Prime Lease as are necessary for such purpose. Subtenant shall be subrogated to such rights. If any such action against the City in Subtenant’s name is barred by reason of lack of privity, non-assignability or otherwise, Sublandlord shall permit Subtenant to take such action in Sublandlord’s name; provided, however, that Subtenant shall indemnify and hold Sublandlord harmless against all liability, loss or damage which Sublandlord may incur or suffer by reason of any such action, and that Subtenant will provide to Sublandlord copies of all papers and notices of all proceedings so Sublandlord may be kept informed in respect thereof. Sublandlord shall execute any documents reasonably required to permit Subtenant to take any such action in Sublandlord’s name. Subtenant shall not receive any abatement of rent under this Sublease because of the City’s failure to perform any of its obligations under the Prime Lease, except that if Sublandlord receives an abatement of rent from the City relating to the Spaces, Subtenant shall receive the benefit of such abatement of rent on a pro rata basis.

Default by the City. The City shall not be in default unless the City fails to perform obligations required of the City within a reasonable time, but in no event later than ninety (90) days, after written notice by Developer to the City, specifying wherein the City has failed to perform such obligation, provided, however, that if the nature of the City's obligation is such that more than ninety (90) days are reasonably required for performance then the City shall not be in default if the City commences performance within such ninety (90) day period and thereafter diligently pursues such performance to completion.

Default by the City. (i) The City shall be in default under this Contract if the City breaches a material provision of this Agreement, whether by action or inaction, and such breach continues and is not remedied within forty-five (45) days after the City receives written notice from Motivate specifying the breach; provided, however, in the case of a breach that cannot with due diligence be cured within a period of forty-five (45) days, the City shall not be in default hereunder if and so long as the City commences the cure within forty-five (45) days after the City receives written notice from Motivate and thereafter diligently prosecutes such cure to completion.

Default by the City. If an Event of Default or an Event of Nonappropriation under the Lease occurs for any reason, or if the City terminates the Lease and fails to purchase the Trustee’s interest in the Project Site as provided in the Lease, the Trustee, or its assignee, shall have the right to possession of the Project Site for the remainder of the Base Lease term and shall have the right to sublease the same or sell its interest in this Base Lease upon whatever terms and conditions it deems prudent. In the event the Trustee takes possession of the Project Site, the Trustee shall obtain, but solely to the extent of funds available to it for such use under the Indenture, the same insurance coverage with respect to the Project Site as the City is required to obtain under the Lease for the remainder of the Base Lease term and will furnish the City with evidence thereof. In the event that the Trustee shall receive a payment for the sale of its interest or total rental payments for subleasing that are, after the payment of the Trustee’s expenses in connection therewith including fees and expenses of the Trustee, in excess of the purchase price applicable at the time of termination or default plus interest thereon at the interest rate per annum borne by the Certificates (which must be an amount sufficient to pay the Principal Component, premium, if any, and Interest Component with respect to the Certificates, or to provide for the payment thereof as provided in Article XIII of the Indenture, with amounts so received to be credited first to such Interest Component and then to Principal Component), then such excess shall be paid to the City by the Trustee, its assigns or its sublessee.

Default by the City. In the event the City defaults under the terms of this Agreement, Developer shall have all rights and remedies provided in Section 7 of this Agreement, and as provided under Applicable Law.

Default by the City. Subject to any other provision of this Agreement, the occurrence of any one or more of the following events shall constitute a Default by the City under this Agreement but shall not be considered an Event of Default unless such Default is not remedied prior to the expiry of the relevant notice period (if any) and the relevant cure period (if any) applicable to such Default provided that if such Default is not able to be cured within the relevant cure period and the City is acting diligently to cure such Default, so long as the City is acting diligently to effect a cure, there shall not be an Event of Default as hereinafter set forth: (a) If the City defaults in the payment of any amount due to the Operator under this Agreement and such Default shall continue unremedied for sixty (60) days following notice thereof from the Operator to the City. Any amount not paid by the City shall be repayable on demand together with accrued interest from the date the invoice is otherwise due thereon at two percent (2%) above the prime rate published from time to time by the Royal Bank of Canada; (b) If the City fails to perform or observe any of its material obligations under this Agreement, or continually fails to perform or observe any of its other obligations under this Agreement, and such failure to observe or perform shall continue unremedied for a consecutive period of ninety (90) days following notice thereof (giving particulars of the Default in reasonable detail) from the Operator to the City, or such longer period as the Operator may reasonably determine to be necessary to cure such failure; provided that the City has demonstrated to the satisfaction of the Operator, acting reasonably, that: (i) The City is proceeding with all due diligence to cure or cause to be cured such failure; (ii) The City can be reasonably expected to cure or cause to be cured such failure within a time frame acceptable to the Operator, acting reasonably; and (iii) The City shall thereafter cure such failure with all due diligence and within the time frame acceptable to the Operator, acting reasonably.

Default by the City. If the City fails, after Closing, to comply with any or all of the obligations, covenants, warranties or agreements to be performed, honored or observed by the City under and pursuant to the terms and provisions of this Agreement, and such monetary default is not cured within thirty (30) days after notice of such non-monetary default is not cured within ninety (90) days after notice, then Columbia shall have the right to damages, specific performance or any other remedy legally available to Columbia. However, if the breach by the City is non-monetary and is of a nature that it cannot reasonably be remedied or corrected within such ninety (90) day period, then such ninety (90) day period shall be deemed to be extended for such additional period as may reasonably be required to remedy or correct the same if the City promptly commences to remedy the breach upon receipt of Columbia’s notice and continues therewith with due diligence.

Default by the City. The following will constitute a default by the City: Any material breach by it of any representation made in this Agreement or any material failure by it to observe and perform any covenant, condition or agreement on its part to be observed or performed hereunder, for a period of thirty (30) days alter written notice specifying such breach or failure and requesting that it be remedied, given to it by the Developer; provided that in the event