FAILURE TO PERFORM COVENANT Sample Clauses
The "Failure to Perform Covenant" clause defines the consequences and remedies available when a party does not fulfill a specific promise or obligation outlined in the agreement. Typically, this clause outlines the steps the non-breaching party can take, such as providing notice of the failure, allowing a cure period, or seeking damages or termination if the breach is not remedied. Its core function is to ensure accountability and provide a clear process for addressing breaches, thereby protecting the interests of both parties and maintaining the integrity of the contract.
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FAILURE TO PERFORM COVENANT. Any failure on the part of either party to this Lease to perform any obligations hereunder, other than Tenant's obligation to pay rent, and any delay in doing any act required hereby shall be excused if such failure or delay is caused by any strike, lockout, governmental restriction or any similar cause beyond the control of the party so failing to perform, to the extent and for the period that such continues.
FAILURE TO PERFORM COVENANT. Any failure on the part of either party to this Lease to perform any obligation hereunder, and any delay in doing any act required hereby shall be excused if such failure or delay is caused by any strike, lockout, governmental restriction or any other similar cause beyond the control of the party so failing to perform, to the extent and for the period that such continues, save and except that the provisions of this paragraph shall not excuse a non-payment of rent or other sums due hereunder on its due date.
FAILURE TO PERFORM COVENANT. If the City, in its sole discretion, determines that the Owner is not in compliance with the covenant described in Sections 1 and 2, except in the case of an emergency, the City or its designee shall give the Owner written notice to perform the maintenance and/or repair work specified in the notice. If such work is not performed to the City’s satisfaction within twenty (20) days after the date of such notice, or such other time as the City may, in its sole discretion, determine, the City, its employees, independent contractors, and designees may exercise their right under the Easement described in Section 3 of this Agreement to enter the Development to perform any and all work required bringing the Stormwater Facilities into compliance with this Agreement.
FAILURE TO PERFORM COVENANT. If Tenant shall fail to perform or comply with any of the other terms, covenants or conditions of this Lease and if the failure shall continue for a period of thirty (30) days after written notice of non-compliance by Landlord to Tenant, or if the non-compliance cannot be reasonably cured with the thirty-day period, Tenant shall not in good faith have commenced the action necessary to effect a cure within the thirty-day period, and shall not diligently proceed to the completion of that action.
FAILURE TO PERFORM COVENANT. If the City, in its sole discretion, determines that the Owner(s) are not in compliance with the covenant described in Sections 3 and 4, the City or its designee shall provide the non-complying Owner(s) written notice to perform the maintenance and/or repair work specified in the notice. Provided, however, no prior written notice shall be required in the case of an emergency, which shall be governed by Section 7. If such work is not performed to the City’s satisfaction within seven (7) days after the date of such notice, or such other time as the City may, in its sole discretion, determine, the City, its employees, independent contractors and designees may exercise their rights under the Easement described in Section 5 of this Agreement to enter the Development to perform any and all work required bringing the Stormwater Facilities into compliance with this Agreement.