Default of Owner Sample Clauses

Default of Owner. Owner shall be in default of this Contract if Owner fails to pay undisputed amounts owed to Contractor within twenty-one (21) days of the date such payment is due under this Contract. In such event, if Owner fails to make such payment within five (5) days following Contractor’s delivery to Owner of a written Notice of Default of such nonpayment, Contractor’s remedies shall be as follows:

Default of Owner. Manager shall transmit to Lender a copy of any notice or statement of default under the Agreement transmitted to Owner by Manager, and in the event Owner shall fail to cure any such default within any applicable cure period provided in the Agreement, Manager shall not terminate the Agreement on account of such default unless and until Manager shall have given Lender written notice of Owner’s failure to cure such default and afforded Lender thirty (30) days from its receipt of such notice, within which time Lender shall have the right, but not the obligation, to cure such default; provided, however, that if the default is of such a nature that more than thirty (30) days are required to cure such default, then Lender shall be afforded a reasonable time to cure such default provided that Lender undertakes promptly to cure such default and thereafter diligently continues such cure to completion; provided, further, however, that Lender shall have no obligation to cure any such default. The provisions of this paragraph shall apply only to defaults, or events or circumstances which would constitute defaults, occurring prior to the date on which Lender succeeds to the interest of Owner in and to the Premises, and from and after such date, the provisions of the Agreement shall govern the giving of notice to, and curing of defaults by, Lender.

Default of Owner. Owner shall be in default under this Agreement in the event Owner fails to perform any of the covenants, terms, provisions or conditions contained in this Agreement on its part to be performed within 30 days after written notice thereof from Operator, or such additional time as is reasonably required to correct any such default, but in no event more than an additional 30 days.

Default of Owner. (1) if Owner defaults in any material respect in performing any of its obligations under this Agreement and such default is not cured within five (5) Days in the case of a monetary default and within thirty (30) Days in the case of a non-monetary default, after notice thereof is given by Manager to Owner, then, subject to Section 9.4(2) hereof, Manager shall have the right to pursue any and all remedies available to it hereunder, or at law or in equity against Owner. In addition, Manager shall have the right to terminate this Agreement by giving written notice to that effect to Owner. (2) If such default is a non-monetary default and is curable but is of such nature that it cannot reasonably be completely cured within such thirty (30) Day period, then the cure period shall be extended for a reasonable period of time thereafter, so long as Owner promptly after receiving such notice commences to cure such default and thereafter proceeds with reasonable diligence to complete the curing thereof.

Default of Owner. Upon the occurrence of any Event of Default by Owner, Developer shall have the right to terminate this Agreement, in addition to all other rights and remedies available at law or in equity, by giving thirty (30) days’ prior written notice of termination to Owner together with a written explanation of the reason for the termination. Such termination shall be effective thirty (30) days after receipt of said notice of termination. Any one or more of the following events that remains uncured beyond any applicable period of cure shall constitute an “Event of Default” by Owner under this Agreement: (a) If Owner fails to observe, perform or comply with any material term, covenant, agreement or condition of this Agreement to be observed, performed or complied with by Owner hereunder, and such failure continues uncured for thirty (30) calendar days after the giving of written notice thereof by Developer to Owner specifying the nature of such failure, unless such failure can be cured but is not susceptible of being cured within such thirty (30) calendar-day period, in which event such failure shall not constitute an Event of Default if Owner commences curative action within such thirty (30) calendar-day period and thereafter prosecutes such action to completion with all due diligence and dispatch and completes such cure within a reasonable time after the giving of such notice; (b) If Owner makes a general assignment for the benefit of creditors; (c) If any petition is filed against Owner in any court, whether or not pursuant to any statute of the United States or of any State, in any bankruptcy, reorganization, dissolution, liquidation, composition, extension, arrangement or insolvency proceeding, and such proceeding is not dismissed within sixty (60) calendar days; (d) If, in any proceeding, a receiver, trustee or liquidator is appointed for all or a substantial portion of the property and assets of Owner and such receiver, trustee or liquidator is not discharged within sixty (60) calendar days after such appointment; or (e) If Owner intentionally fails or willfully refuses to perform any of its duties or obligations hereunder, or if Owner misappropriates any funds of Developer in the possession or control of Owner, or if Owner commits willful misconduct, gross negligence or an act of fraud against Developer.

Default of Owner. 13.1. The Owner will be in default if: 13.1.1. the Rent, any part of it or any other monies payable by the Owner to GCCM are in arrears and remain unpaid for seven (7) days after any of the due dates for payment (whether demanded or not); 13.1.2. the Owner fails to comply promptly with any of the conditions contained in this Agreement which ought to be performed or observed by the Owner or fails or refuses to comply with any rules or directions of the Manager; 13.1.3. the Owner abandons, vacates or otherwise surrenders the Berth or the Vessel (which will be deemed to occur if any Rent remains unpaid for more than one month from the date the Rent was due); 13.1.4. the Owner enters into any form of liquidation, insolvency, is wound up or dissolved, enters into a scheme of arrangement, is placed under administration or a receiver or receiver and manager is appointed. 13.2. If the Owner is in default under this Agreement and the requirements of the Property Law Act 1974 (Qld) are satisfied (if applicable to the default), then GCCM may terminate this Agreement by notice in writing to the Owner. 13.3. Without prejudice to GCCM’s rights in Law or equity, if the Owner is in default (evidence of which will be a certificate signed by the Manager to that effect), GCCM: 13.3.1. may relocate the Vessel to another area within the Marina or the Complex; 13.3.2. shall have a lien over the Vessel until the default is remedied or all outstanding monies are paid; 13.3.3. shall be entitled to take such action as may be necessary to prevent the removal of the Vessel from the Marina or the Complex; and 13.3.4. will be unconditionally and irrevocably appointed by the Owner for the purpose of selling the Vessel by private sale or public auction and apply the proceeds of such sale as follows: a) first in satisfaction of any registered bill of sale or registered encumbrance over the Vessel; b) second, in payment of the Costs of the sale and/or auction; c) third, in payment of all outstanding monies owing to GCCM under this Agreement; and d) lastly, any balance of proceeds of sale shall be paid to the Owner. 13.4. Termination of this Agreement by GCCM does not effect any prior Claims that GCCM my have against the Owner. 13.5. GCCM’s acceptance of Rent or other money under this Agreement (before or after termination) is not a waiver of a breach or an acceptance of the repudiation of this Agreement by the Owner. 13.6. No waiver by GCCM or variation of this Agreement will be effective ...

Default of Owner. If Owner fails to comply with or perform in any material respect any of the terms or provisions on its part to be complied with or to be performed under this Agreement, and such failure continues uncured for thirty (30) days after Development Manager gives Owner notice of such failure and specifies the nature of such failure (unless the failure is a nonmonetary default and is such a nature as to reasonably require more than thirty (30) days to cure, then such longer period of time as may be needed in the exercise by Owner of due diligence to effect a cure of such failure or unless such default is caused by Development Manager), then in addition to all other rights and remedies available to Development Manager under law or in equity, Development Manager shall have the right, at its option under Section 4.2(1), to terminate this Agreement by giving notice thereof to Owner, in which event: (1) Owner shall immediately pay to Development Manager, in cash or by check, all accrued but unpaid portions of the Development Fee due hereunder; and (2) Owner and Development Manager shall thereupon be released from any further obligations or liabilities accruing hereunder and this Agreement shall end and have no further force or effect, except with respect to obligations accruing hereunder prior to said termination and except as otherwise expressly provided herein.

Default of Owner. Any matter or thing to be done by the Owner pursuant to this Agreement shall, in the event of default of performance, be done by the Town at the Owner's expense, and the Town may recover any expense incurred by it in doing such matter or thing with interest in like manner as municipal taxes or otherwise enforce performance pursuant to the provisions of Section 446 of the ▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇, S.O. 2001, c.25, as amended, provided, however, that such remedy of the Town shall be in addition to any other remedy, and shall not be an alternative substitute therefor. Any securities held under this Agreement may be used for the purposes of fulfilling any of the Owner’s obligations under this Agreement if required by the Town Engineer, in his sole discretion.

Default of Owner. The following shall constitute events of default of Owner ("Events of Default" and each individually an "Event of Default") under this Agreement: (a) If Owner fails to do any of the following and the responsibility and means (including any and all necessary funds) to pay or perform same has not been delegated to Manager hereunder: (i) make or cause to be made any payment to Manager or any third party required to be made by Owner for the operation of the Facility, and such failure shall continue for as much as 30 days after notice thereof shall have been given to Owner; (ii) perform its obligations under this Agreement in any material respect, and such default shall continue for a period of 30 days after notice thereof shall have been given by the Manager to Owner; or (iii) make payments, or keep any covenants owing to any third party and which would cause Owner to lose possession of the Facility's buildings, equipment or properties; (b) If, through the sole fault of Owner and beyond the responsibility and control of Manager, the licenses required for the operation of Facility are at any time suspended, terminated, or revoked, and such suspension, termination or revocation shall continue unstayed and in effect for a period of fourteen (14) consecutive days; (c) If, through the sole fault of Owner and beyond the responsibility and control of Manager, the Facility loses its Medicaid or Medicare certification or is excluded from the Medicare or Medicaid programs; (d) If Owner shall (1) be adjudicated bankrupt; (2) admit in writing its inability to pay its debts generally as they become due; (3) become insolvent in that its total assets are in the aggregate worth less than all of its liabilities or it is unable to pay its debts generally as they become due; (4) make a general assignment for the benefit of creditors; (5) file a petition, or admit (by answer, default or otherwise) the material allegations of any petition filed against it, in bankruptcy under the federal bankruptcy laws (as in effect on the date of this Agreement or as they may be amended from time to time), or under any other law for the relief of debtors, or for the discharge, arrangement or compromise of its debts; or (6) consent to the appointment of a receiver, conservator, trustee or liquidator of all or part of its assets; or (e) If a petition shall have been filed against Owner in proceedings under the federal bankruptcy laws (as in effect on the date of this Agreement, or as they may be a...