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.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Usinternetworking Inc), Stock Purchase Agreement (Usinternetworking Inc)
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) calendar 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 SECTION 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 such Closing shall not constitute a waiver of such breach or default.
Appears in 1 contract
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 later 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 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.
Appears in 1 contract