Remedies of Authority Sample Clauses
The "Remedies of Authority" clause defines the rights and actions available to a governing body or regulatory authority if a party to an agreement fails to comply with its obligations. Typically, this clause outlines specific remedies such as the ability to impose penalties, require corrective actions, or even terminate the agreement in cases of significant non-compliance. By clearly stating the authority's options in the event of a breach, this clause ensures that there are enforceable consequences, thereby promoting compliance and providing a structured response to violations.
Remedies of Authority. Upon the occurrence of a Member Jurisdiction Default, the Authority, after giving notice to all parties of its intent to enforce this Agreement (the “Authority Enforcement Notice”) may bring suit by appropriate proceeding to require the defaulting Member Jurisdiction to perform its duties under this Agreement or to enjoin any acts in violation of this Agreement; provided, however, that if the defaulting Member Jurisdiction contests the default in writing (the “Member Jurisdiction's Notice of Contest”) within fifteen (15) days of such Member Jurisdiction's receipt of the Authority Enforcement Notice, the Authority and such Member Jurisdiction shall enter into binding arbitration of the matter within thirty (30) days of the date of the Member Jurisdiction's Notice of Contest. Such arbitration shall be conducted in accordance with the American Arbitration Association's Rules for Resolving Commercial Financial Disputes solely to determine whether there has been a Member Jurisdiction Default. The parties agree that the arbitrator(s) shall give effect to the substantive common and statutory law of the Commonwealth of Virginia. Confirmation and judgment upon the award rendered by the arbitrator(s) may be entered by state or federal court having jurisdiction thereof. Upon such confirmation and judgment, the Authority may reduce and/or terminate Public Transportation to the defaulting Member Jurisdiction and such defaulting Member Jurisdiction shall lose voting privileges on the Authority Board. If the Member Jurisdiction Default involves the payment of money, the Member Jurisdiction alleged to be in default may post the funds alleged to be due in an interest-bearing account during the pendency of the proceedings to resolve the matter and upon confirmation of such posting by the Authority, such Member Jurisdiction shall continue receiving services from the Authority and shall maintain its voting privileges on the Authority Board.
Remedies of Authority. Upon the occurrence of an Event of Default by a Participating Member and the default continues for thirty (30) days after written notice specifying the default and requiring it to be remedied has been given to such Participating Member by the Authority or other Participating Member, the Authority, after giving notice of such Event of Default to all parties, may bring suit by mandamus or other appropriate proceeding to require the Participating Member to perform its duties under the Act and this Agreement or to enjoin any acts in violation of the Act or this Agreement.
Remedies of Authority. 13.01 The Lessee agrees that the rights and remedies of the Authority under this Lease shall be cumulative and shall not exclude any other rights and remedies of the Authority allowed by law, and failure to insist upon the strict performance of any of the covenants and agreements herein set forth or to declare a forfeiture for any violation thereof shall not be considered or taken as a waiver or relinquishment for the future of the Authority's right to insist upon and to enforce by mandamus or other appropriate legal remedy a strict compliance by the Lessee with all of the covenants and conditions hereof, or of the Authority's rights to declare a forfeiture for a violation of any covenants or conditions, if such violation be continued or repeated, or of the Authority's right to recover possession of the leased premises by reason thereof.
Remedies of Authority. (a) Upon the occurrence of a Member Jurisdiction Default, the Authority, after giving notice of such Member Jurisdiction Default to all parties, may bring suit by mandamus or other appropriate proceeding to require the defaulting Member Jurisdiction to perform its duties under this Agreement or to enjoin any acts in violation of this Agreement. The Authority may also refuse to accept Prisoners from such defaulting Member Jurisdiction until the default has been cured.
(b) If by June 30th of ally year the governing body of a Member Jurisdiction has failed to appropriate moneys sufficient for the payment in the following Fiscal Year of its
(i) Facilities Charges pursuant to the provisions Section 4. 1 (a)(2); and (ii) any other amounts due pursuant to the provisions Section 4.1(a)(4), the Chief Executive Officer of such Member Jurisdiction shall give notice to the Authority and the trustee under the Indenture of such failure within five (5) business days thereafter, and if no such appropriation has been made by the following July 15, the Authority may declare due and payable the Member Jurisdiction’s proportionate share of the costs of the Jail Facilities financed with Bonds or other indebtedness, such proportionate share of costs to be determined as set forth in Section 5.8(a)(2), provided; however, such share shall be subject to annual appropriation by the governing body of such Member Jurisdiction. The Authority may also refuse to accept Prisoners from any Member Jurisdiction which fails to appropriate sums sufficient to meet its obligations under this Agreement.
Remedies of Authority. Upon the occurrence of an Event of Default by Accelr8, the Authority shall have the following remedies available to it: