Breach and Opportunity to Cure. If either party believes the other to be in default hereunder, the non-defaulting party shall provide the defaulting party with notice specifying in reasonable detail the nature of such default. If such default has not been cured by the earlier of: (i) the Closing Date, or (ii) within thirty (30) days after delivery of such notice, then the party giving such notice may (x) terminate this Agreement, (y) extend the Closing Date under Section 11.1 (but no such extension shall constitute a waiver of such non-defaulting party's right to terminate as a result of such default), and/or (z) exercise the remedies available to such party pursuant to Section 13.4 or 13.5, subject to the right of the other party to contest such action through appropriate proceedings.
Breach and Opportunity to Cure. AACS LA, but not a Licensor, may terminate this Agreement on behalf of itself and the Licensors for any material breach by Content Participant, and Content Participant may terminate this Agreement for any material breach by AACS LA or Licensors, subject to the following provisions regarding whether the Party in breach is entitled to an opportunity to cure.
8.1.3.1 This Agreement may be terminated upon written notice to the Party being terminated, without opportunity to cure, in the case of a material breach that:
(i) is not fully curable within thirty (30) days of such notice, provided that a breach involving the shipment of a product that violates Section 2.11 shall be subject to 8.1.3.2, and shall be considered cured for purposes of this Section 8.1.3 only, if Content Participant ceases shipping additional units of such product as soon as commercially reasonable and in any event no later than within thirty (30) days of notice, and during such thirty
Breach and Opportunity to Cure. If any party shall breach the terms of this Agreement or default in the performance of its obligations hereunder, the nondefaulting party shall have the right to provide the defaulting party with notice specifying in reasonable detail the nature of such breach or default. If such breach or default has not been cured by the earlier of (a) the Closing Date and (b) thirty (30) days after delivery of such notice, then the party giving such notice may (i) terminate this Agreement by giving written notice to the defaulting party hereunder, (ii) extend the Closing Date if such default has not been cured by the Closing Date (but no such extension shall constitute a waiver of such nondefaulting party's right to terminate as a result of such default), (iii) exercise the remedies available to such party pursuant to Sections 11.2 or 11.3, subject to the right of the other party to contest such action through appropriate proceedings, and/or (iv) proceed to Closing, but which shall not constitute a waiver of such breach or default.
Breach and Opportunity to Cure. 6.1 In the event that either party breaches any of its obligations under this Agreement, the party claiming breach shall give notice in writing to the other party. If the breach is curable, the party claimed to have breached the Agreement shall have 45 days to cure the breach before the party claiming the breach may bring legal action. Any statute of limitation governing such claim shall be tolled pending the cure period. Notwithstanding the foregoing, where a party reasonably believes that a breach of an obligation under this Agreement may result in immediate, irreparable harm, the party shall be entitled to seek injunctive relief first.
Breach and Opportunity to Cure. If either party believes the other to be in default hereunder, the nondefaulting party shall provide the defaulting party with notice specifying in reasonable detail the nature of such default. If such default has not been cured by the earlier of: (i) the Closing Date, or (ii) within twenty (20) days after delivery of such notice (a "Default Notice"), then the party giving such notice may (x) terminate this Agreement, (y) extend the Closing Date under
Breach and Opportunity to Cure. AACS LA, but not a Licensor, may terminate this Agreement on behalf of itself and the Licensors for any material breach by Adopter, and Adopter may terminate this Agreement for any material breach by AACS LA or Licensors, subject to the following provisions regarding whether the Party in breach is entitled to an opportunity to cure.
7.1.4.1. This Agreement may be terminated upon written notice to the Party being terminated, without opportunity to cure, in the case of a material breach that:
(i) is not fully curable within thirty (30) days of such notice, provided that a breach involving the shipment of a product that violates Section 3.0 shall be subject to 7.1.4.2, and shall be considered cured for purposes of this Section 7.1.4 only, if Adopter ceases shipping additional units of such product as soon as commercially reasonable and in any event no later than within thirty (30) days of notice, and during such 30 days, ships only in the ordinary course of its business, consistent with past practice; or
(ii) is part of a pattern of behavior involving the repeated release of non-compliant products for which Adopter received prior notice of breach, whether or not Adopter cured such repeated breaches following such notice, or
(iii) is part of a pattern of behavior involving the repeated distribution of Licensed Components in violation of the distribution restrictions of Sections 2.3.1 and 2.3.2 for which Adopter received prior notice of breach, including repeated reports to AACS LA of the failure of Licensed Components to be received by the intended authorized recipient pursuant to clause (v) of the definition of “Licensed Component,” whether or not Adopter cured such repeated breaches following notice. For review only - Not for execution
7.1.4.2. In all other cases, this Agreement may be terminated only if the Party being terminated is given written notice and fails to cure the breach within thirty (30) days of such notice. In the case of a product that meets the definition of Robust Inactive Product, but if Activated would not, in fact, result in a Licensed Product, if Adopter prevents any new Activation of the AACS functions of additional units of such Robust Inactive Product or requires the installation of a Periodic Update curing the breach upon such Activation of additional units no later than thirty (30) days after receiving such notice, then further distribution of such Robust Inactive Product shall not constitute a breach for purposes of Sections 7 and...
Breach and Opportunity to Cure. AACS LA, but not a Licensor, may terminate this Agreement on behalf of itself and the Licensors for any material breach by Service Provider, and Service Provider may terminate this Agreement for any material breach by AACS LA or Licensors, subject to the following provisions regarding whether the Party in breach is entitled to an opportunity to cure.
6.1.4.1. This Agreement may be terminated upon written notice to the Party being terminated, without opportunity to cure, in the case of a material breach that:
6.1.4.1.1. is not fully curable within 30 days of such notice, (other than a the extent to which a breach involves the offer of a service that violates Section 3.1); or
6.1.4.1.2. is part of a pattern of behavior involving the repeated offers of non-compliant services for which Service Provider received prior notice of breach, whether or not Service Provider cured such repeated breaches following such notice, or
6.1.4.1.3. is part of a pattern of behavior involving the repeated distribution of AACS Online Service Components in violation of the distribution restrictions of Sections 2.3.1 and 2.3.4 for which Service Provider received prior notice of breach. Repeated instances of the failure of AACS Online Service Components to be received by the intended authorized recipient pursuant to clause (v) of the definition of “AACS Online Service Component” may be considered part of a pattern of behavior as contemplated under this section.
6.1.4.2. This Agreement may be terminated for a breach involving the offer of a service that violates Section 3.1 that is not fully curable within 30 days of written notice of such breach, unless Service Provider ceases to offer such service in violation of Section 3.1 within such 30 day period,
6.1.4.3. In all other cases, this Agreement may be terminated only if the Party being terminated is given written notice and fails to cure the breach within thirty (30) days of such notice.
Breach and Opportunity to Cure. If any party materially breaches any part of this Agreement, the non-breaching party shall provide to the breaching party written notice of such breach within ten (10) business days. Thereafter, the breaching party shall have a reasonable opportunity to cure the breach. If the breach is not cured within thirty (30) days or such longer period as may be mutually agreed upon, the non-breaching party may terminate this Agreement upon written notice to the breaching party, such written notice being effective upon dispatch.
Breach and Opportunity to Cure. If any party shall breach the terms of this Agreement or default in the performance of its obligations to be performed hereunder prior to Closing, the nondefaulting party shall have the right to provide the applicable Seller and Majority Holders, or Buyer, as applicable, with notice specifying in reasonable detail the nature of such breach or default. If such breach or default has not been cured within the time period specified in section 10 above, or by two (2) business days prior to the Closing Date, if earlier, then the party giving such notice may (i) terminate this Agreement by giving written notice to the defaulting party hereunder, (ii) extend the Closing Date for a period not in excess of ten (10) days, if such default has not been cured by the Closing Date (but no such extension shall constitute a waiver of such nondefaulting party's right to terminate as a result of such default), (iii) exercise the remedies available to such party pursuant to sections 12(b) or 12(c), as applicable, subject to the right of the other party to contest such action through appropriate proceedings, and/or (iv) proceed to Closing.
Breach and Opportunity to Cure a) If either party breaches this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of that breach, then the non-breaching party may terminate this Agreement effective as of the end of such thirty (30) day period. Additionally, either party may terminate this Agreement immediately if the other party (i) ceases to do business in the ordinary course; or (ii) either voluntarily or involuntarily files a bankruptcy petition which is not vacated within thirty (30) days of filing. No such termination will be deemed a waiver of any claim for damages by the non-terminating party.
b) If the Site Host breaches or terminates the Agreement prior to the Termination Date, Site Host will be required to reimburse EV Charging Service Provider for all costs incurred relating to the installation of the Equipment within thirty (30) days of receipt of an invoice and supporting documentation from EV Charging Service Provider. The Site Host will also be required to reimburse EV Charging Service Provider for the total amount of any rebates EV Charging Service Provider received relating to the Charging Stations, equipment, DCFC Stations, Level II hub, and/or this Agreement.
