Common use of Third Party Enforcement Clause in Contracts

Third Party Enforcement. A. The City, the New York State Attorney General and their successors shall have the right to enforce the terms of the Conservation Easement subject to the following: 1. Prior to commencing an enforcement action in a court of competent jurisdiction, the City or the New York State Attorney General must first notify Grantee and Grantor, give Grantee sixty (60) days to take appropriate action, including commencing an enforcement action, and give Grantor sixty (60) days from the receipt of such notice to cure the breach. 2. If Grantee is diligently prosecuting an enforcement action in an administrative or judicial proceeding, neither the City nor the New York State Attorney General shall have a right to prosecute an action for the same violation or breach of the Conservation Easement. B. If the City has a reasonable belief that a violation of the Conservation Easement is causing an immediate threat to the City’s drinking water supply the City shall have the right to inspect the Easement Property. C. Other than pursuant to Article 49 Title 3 of the NYSECL, nothing contained herein shall be construed as providing the New York State Attorney General with the right to physically inspect or otherwise enter the Easement Property

Third Party Enforcement. A. The City, the New York State Attorney General and their successors shall have the right to enforce the terms of the Conservation Easement subject to the following: 1. Prior to commencing an enforcement action in a court of competent jurisdiction, the City or the New York State Attorney General must first notify Grantee and Grantor, give Grantee sixty (60) days to take appropriate action, including commencing an enforcement action, and give Grantor sixty (60) days from the receipt of such notice to cure the breach. 2. If Grantee is diligently prosecuting an enforcement action in an administrative or judicial proceeding, neither the City nor the New York State Attorney General shall have a right to prosecute an action for the same violation or breach of the Conservation Easement. B. If the City has a reasonable belief that a violation of the Conservation Easement is causing an immediate threat to the City’s drinking water supply the City shall have the right to inspect the Easement Property. C. Other than pursuant to Article 49 Title 3 of the NYSECLNew York State Environmental Conservation Law, nothing contained herein shall be construed as providing the New York State Attorney General with the right to physically inspect or otherwise enter the Easement Property