Common use of Dispute Resolution and Notice Clause in Contracts

Dispute Resolution and Notice. a. Jurisdiction and venue under this Agreement shall be in the state and county the Parent Property is located. The parties may enforce this Agreement and their rights under applicable law, and may seek specific performance, injunction, appointment of a receiver and any other equitable rights and remedies available under applicable law. Money damages may not be an adequate remedy for the harm caused to Grantee by a breach or default by Grantor hereunder, and ▇▇▇▇▇▇▇ waives the posting of a bond. Damages as against Grantee shall be limited to the amount of consideration received by Grantor under this Agreement, following any insurance settlement which may have effect. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and costs. Neither party shall be liable to the other for consequential, indirect, speculative or punitive damages. b. The non-defaulting party shall provide written notice of a default under this Agreement or under an Easement Tenants’ lease, not more than thirty (30) days from discovery of the default. Grantor shall have thirty (30) days to cure the default. Grantee shall have thirty (30) days to commence cure of the default. c. All communications shall be delivered by certified mail, return receipt requested or a nationally recognized overnight courier to the address beneath each party’s signature block or such other address as advised to the other party pursuant to this Section. Notice shall be deemed given upon receipt if by certified mail, return receipt requested or one (1) business day following the date of sending, if sent by nationally recognized overnight courier service or upon attempted delivery if delivery is refused or if delivery is impossible because of failure to provide reasonable means for accomplishing delivery.

Dispute Resolution and Notice. a. Jurisdiction and venue under this Agreement shall be in the state and county the Parent Property is located. The parties may enforce this Agreement and their rights under applicable law, and may seek specific performance, injunction, appointment of a receiver and any other equitable rights and remedies available under applicable law. Money damages may not be an adequate remedy for the harm caused to Grantee by a breach or default by Grantor hereunder, and ▇▇▇▇▇▇▇ waives the posting of a bond. Damages as against Grantee shall be limited to the amount of consideration received by Grantor under this Agreement, following any insurance settlement which may have effect. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and costs. Neither party shall be liable to the other for consequential, indirect, speculative or punitive damages. b. The non-defaulting party shall provide written notice of a default under this Agreement or under an Easement Tenants’ leaseAgreement, not more than thirty (30) days from discovery of the default. Grantor From the date of such notice, the defaulting party shall have thirty (30) days to cure the default. Grantee shall have , unless the default cannot reasonably be cured within thirty (30) days in which case the defaulting party shall have such additional time as necessary to commence cure the default so long as the defaulting party has commenced to cure the default and is diligently pursuing completion of the defaultcure. c. All communications shall be delivered by certified mail, return receipt requested or a nationally recognized overnight courier to the address beneath each party’s signature block or such other address as advised to the other party pursuant to this Sectionparagraph. Notice shall be deemed given upon receipt if by certified mail, return receipt requested or one (1) business day following the date of sending, if sent by nationally recognized overnight courier service or upon attempted delivery if delivery is refused or if delivery is impossible because of failure to provide reasonable means for accomplishing delivery.