Common use of Default by the Owner Clause in Contracts

Default by the Owner. a) In the event that the Municipality claims that the Owner is in default in the observance and performance of any of the terms, covenants or conditions of this Agreement, the Municipality may give the Owner Thirty (30) days notice in writing of such claimed default and require the Owner to rectify same within the said period of Thirty (30) days. b) Without limiting in any way the rights and remedies available to the Municipality pursuant to this Agreement, statute, or otherwise, upon a failure by the Owner to rectify a default, the Municipality shall have the option, but not any obligation, to perform the Owner’s obligations in default without further notice and at the Owner’s sole cost and expense. The Owner shall reimburse the Municipality for all such costs incurred by the Municipality immediately upon demand. c) Notwithstanding the foregoing, in the event that the Municipality, in its discretion, considers a situation to be an emergency it may undertake or cause to be done any immediate work in Service Connection with the construction, installation or repair of the Service Connection. The Owner shall reimburse the Municipality for all such costs incurred by the Municipality immediately upon demand.

Default by the Owner. (a) In the event that the Municipality claims that the Owner is in default in the observance and performance of any of the terms, covenants or conditions of this Agreement, the Municipality may give the Owner Thirty (30) days notice in writing of such claimed default and require the Owner to rectify same within the said period of Thirty (30) days. (b) Without limiting in any way the rights and remedies available to the Municipality pursuant to this Agreement, statute, or otherwise, upon a failure by the Owner to rectify a default, the Municipality shall have the option, but not any obligation, to perform the Owner’s obligations in default without further notice and at the Owner’s sole cost and expense. The Owner shall reimburse the Municipality for all such costs incurred by the Municipality immediately upon demand. (c) Notwithstanding the foregoing, in the event that the Municipality, in its discretion, considers a situation to be an emergency it may undertake or cause to be done any immediate work in Service Connection Utility Modification with the construction, installation or repair of the Service ConnectionUtility Modifications. The Owner shall reimburse the Municipality for all such costs incurred by the Municipality immediately upon demand.