Legal Violation Notice

LEGAL VIOLATION NOTICE

This Legal Violation Notice is issued by Notifying Party Name: with principal mailing address at Notifying Party Address: to Recipient Name: at Recipient Address: . Date of Notice: .

RECITALS

WHEREAS, Notifying Party and Recipient previously entered into obligations and duties described in written agreements, rules, permits, or applicable regulatory requirements identified as Reference or Contract: ; and

WHEREAS, Notifying Party has observed conduct, conditions, or acts by Recipient that constitute a breach, noncompliance, or other violation of the obligations referenced above; and

WHEREAS, Notifying Party seeks to provide Recipient with formal notice and an opportunity to cure such violation prior to pursuit of enforcement, damages, or other remedies as permitted by law and contract.

NOW, THEREFORE, Notifying Party hereby gives notice to Recipient as set forth in the numbered provisions below.

1. DEFINITIONS

Capitalized terms used in this Notice shall have the following meanings: "Violation" means the act, omission, condition or nonconformity described in Section 2; "Cure Period" means the period set forth in Section 4 during which Recipient may remedy the Violation; "Remedial Action" means any measures taken by Notifying Party to abate, correct or mitigate the Violation if Recipient fails to timely cure.

2. NOTICE OF VIOLATION

Notifying Party alleges the following Violation(s) by Recipient. The factual basis and particulars are set forth below; the description is intended to provide sufficient detail to permit Recipient to investigate and cure the matter.

Safety or health violation    Environmental/regulatory violation    Contractual or lease violation    Property damage or nuisance    Other (specify in description)

3. STATEMENT OF FACTS

The following factual summary supports the Notice and is provided to enable Recipient to identify the conduct or condition alleged:

4. REQUIRED CORRECTIVE ACTION AND DEADLINE

Recipient shall commence and diligently pursue corrective measures sufficient to cure the Violation in accordance with the corrective plan set forth below. Corrective Action Required:

Cure Period shall expire on: . If Recipient fails to complete the corrective measures by that date, Notifying Party is entitled to exercise any and all remedies available at law or equity without further notice except as required by contract or statute.

5. REMEDIES; COSTS; ATTORNEY FEES

If Recipient does not timely cure the Violation, Notifying Party may, at its option, (a) undertake Remedial Action and recover the reasonable costs thereof from Recipient, (b) suspend performance or terminate applicable agreements, and/or (c) pursue damages, injunctive relief or other remedies. Recipient shall indemnify and hold harmless Notifying Party for costs, damages, fines, penalties, and reasonable attorneys' fees incurred as a result of the Violation, to the extent permitted by law or contract.

6. ACCESS, INSPECTION AND ENTRY

To verify compliance or to perform Remedial Action, Notifying Party or its authorized agents shall have the right to enter the affected premises after giving reasonable notice, except in cases where immediate entry is necessary to prevent imminent harm, in which case no prior notice shall be required to the extent permitted by law.

7. NOTICE AND SERVICE ADDRESSES

All notices required or permitted under this Notice shall be in writing and delivered to the addresses provided below by personal delivery, certified mail, courier, or other nationally recognized overnight service. Notice shall be effective upon receipt.

8. GOVERNING LAW

This Notice and any dispute arising out of or related to this Notice shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of law principles.

9. ENTIRE AGREEMENT; AMENDMENT; WAIVER; SEVERABILITY

This Notice constitutes the entire written statement of the matters set forth herein and supersedes all prior notices regarding the same Violation. Any amendment to this Notice must be in writing and signed by both parties. Failure by Notifying Party to enforce any right or provision shall not constitute a waiver of such right. If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10. COUNTERPARTS; ELECTRONIC SIGNATURES

This Notice may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures transmitted by electronic means shall be binding for all purposes to the same extent as original signatures.

11. DECLARATION

Notifying Party certifies that the statements set forth in this Notice are true and correct to the best of its knowledge and belief, and that the Notice is authorized by an appropriate representative of Notifying Party. Notifying Party expressly reserves all rights and remedies available at law or equity.

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