Event of Default Termination. The following shall be deemed an “Event of Default” under the terms of this Agreement: i. either Party’s failure to pay any amount due and owing under this Agreement within ten (10) Business Days after written notice from the non-defaulting Party; ii. either Party’s failure to perform any material agreement, covenant, term or provision of this Agreement and such failure continues for a period of thirty (30) days after written notice from the non-defaulting Party; provided, however, if such failure is not reasonably capable of being cured within such thirty (30) day period as a result of a Force Majeure or otherwise, the non-performing Party shall have an additional, reasonable period of time to cure such default not to exceed an additional ninety (90) days if such non-performing Party promptly commences to cure within such thirty (30) day period and diligently pursues such cure thereafter to its completion; iii. any of the Representations and Warranties contained in this Agreement becoming untrue, with such Representation or Warranty remaining untrue for thirty (30) days after notice from another party of the invalidity of the Representation or Warranty; or iv. in any regular season starting with the 2026 season, the Team’s failure to play at the Stadium, or any indication by ▇▇▇▇ or the Team that the Team will not play at the Stadium at all during an upcoming regular season.
Appears in 2 contracts
Sources: Operating Agreement, Baseball Stadium Operating Agreement