Common use of Breach and Opportunity to Cure Clause in Contracts

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 ten (10) 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 13.5 or 13.6, subject to the right of the other party to contest such action through appropriate proceedings.

Appears in 1 contract

Samples: Asset Purchase Agreement (Colorado Medtech Inc)

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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 ten thirty (1030) 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 13.5 13.4 or 13.613.5, subject to the right of the other party to contest such action through appropriate proceedings.

Appears in 1 contract

Samples: Asset Purchase Agreement (Usinternetworking Inc)

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 ten FIFTEEN (1015) 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 13.5 13.4 or 13.613.5, subject to the right of the other party to contest such action through appropriate proceedings.

Appears in 1 contract

Samples: Asset Purchase Agreement (Chancellor Media Corp of Los Angeles)

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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 ten thirty (1030) 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-non defaulting party's right to terminate as a result of such default), and/or (zy) exercise the remedies available to such party pursuant to Section 13.5 13.4 or 13.613.5, subject to the right of the other party to contest such action through appropriate proceedings.proceedings AND/OR (z) terminate this Agreement. 13.4

Appears in 1 contract

Samples: Share Purchase Agreement (Softcare Ec Com Inc)

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