Common use of Default by the City Clause in Contracts

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. (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 Operator specifying the breach, other than breach of a payment obligation, which shall be remedied within ten (10) days after the due date therefor; 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 ifand so long as the City commences the cure within forty-forty­ five (45) days after the City receives written notice from Motivate Operator and thereafter diligently prosecutes such cure to completion.