Breach and Remedy. In the event of a breach of this Escrow Agreement by the Escrow Agent, such breach shall be corrected within seventy-two (72) hours of notice of occurrence. Notice is considered given when sent to the Escrow Agent email address as set out below. In the event the breach is not corrected within seventy-two (72) hours, any and all money and documents deposited with the Escrow Agent shall be entrusted to a replacement escrow agent to be named by the Developer. The initial Escrow Agent will be required to repay any unauthorized deficiencies and penalties in the Escrow Account.
Breach and Remedy. Xcel’s failure to notify NRG promptly of an NRG Proposed Adjustment or to otherwise comply with the provisions of this Section 5 with respect to an NRG Proposed Adjustment shall not relieve NRG of any liability to Xcel under this Agreement with respect to the NRG Proposed Adjustment except to the extent that NRG’s rights hereunder are prejudiced by such failure, in which event NRG’s sole remedy, except as otherwise provided in Section 5.5, shall be a reduction in the amount that NRG would otherwise be obligated to pay Xcel pursuant to Section 5.1. In no event shall any such failure on Xcel’s part relieve NRG of any other liability or obligation which it may have to Xcel.
Breach and Remedy. In the event of a breach of this Escrow Agreement by either party, such breach shall be corrected within seventy-two (72) hours of notice of occurrence. In the event the breach is not corrected within seventy-two (72) hours, the Escrow Agreement is canceled and any and all money and documents deposited with the Escrow Account Funds shall be released to the City to assure the appropriate completion of the required Public Improvements. The City shall hold the Escrow Account Funds pending completion of the required Public Improvements as required by the Subdivision Regulations. Notice of a breach is considered given when sent by facsimile to the party in breach of the Escrow Agreement.
Breach and Remedy. 33.1 In the event the Provider is in breach of any of its obligations under this Core Contract then the Authority may at its sole absolute discretion serve a notice (Notice to Remedy) on the Provider to remedy the breach upon the terms and within the times stipulated in the Notice to Remedy, without prejudice to the Authority's rights to terminate this Core Contract under Clause 35 (Termination). In the event the Authority serves a Notice to Remedy then it shall be entitled to recover all costs incurred in drawing up and serving the Notice to Remedy which may include (but is not restricted to):
33.1.1 The production of all written correspondence in connection with the Notice to Remedy;
33.1.2 The cost of the Authority’s staff resources used to monitor the Notice to Remedy;
33.1.3 The production of reports by the Authority’s staff in relation to the Notice to Remedy;
33.1.4 Any other action deemed necessary by the Authority to safeguard the interests of all Residents within the Service.
33.2 In the event the Authority is in breach of its obligations under this Core Contract then the Provider may serve a notice on the Authority to remedy the breach upon the terms and within the times stipulated in the notice without prejudice to the Provider's rights to terminate this Core Contract under Clause 35 (Termination).
Breach and Remedy. In the event that Cranxxxx xxxaches the covenant not to compete, the payments under Section 6 shall cease, and Comshare shall be entitled to recoup a portion of the payments already made, prorated according to the proportion of the Non-competition Period remaining at the time of the breach, subject to the following conditions:
(a) Comshare shall give Cranxxxx xxxtten notice of a breach of the covenant not to compete. In the event Cranxxxx xxxes the breach within thirty (30) days after receipt of notice, he shall have no liability for the breach and the payments due under Section 6 shall not be diminished.
(b) If Cranxxxx xx unsure whether a particular planned action would be construed by Comshare as a breach of the covenant not to compete, he may submit a written request to the President of Comshare for a determination. Comshare shall respond in writing within thirty (30) days after either receipt of the notice or receipt of such further information it has reasonably requested in order to make a determination, whichever is later. If Comshare either states that the action would not constitute prohibited competition or does not respond within the prescribed time period, then Cranxxxx xxx engage in the activity without violation of his obligations hereunder. If Comshare states that such activity would be a breach of the covenant not to compete, then the notice and cure provisions of Section 7(a) shall not apply, but such statement by Comshare shall be without prejudice to Cranxxxx'x xxxlity to take a contrary position.
Breach and Remedy. 8.1. In the event that the Sub-Lessee breached this agreement, by fundamental breach including breach of any terms of the Rental Agreement, the Lessee will be entitled to, without detracting from any right and/or remedy that is available to Lessee by law and/or this Agreement, to terminate this Agreement, to vacate the Area on account of the Sub-Lessee and take possession of the Area after providing notice to the Sub-Lessee of such breach and the Sub-Lessee does not rectify the breach 14 days from such notice.
8.2. In the event that the Lessee breached his undertakings according to the Rental Agreement, not due to an act and/or default of the Sub-Lessee, and damage was caused to the Sub-Lessee, the Lessee will indemnify the Sub-Lessee for the proven damages that were caused to the Sub-Lessee due to the breach of terms of the Rental Agreement by the Lessee.
Breach and Remedy. Within one (1) month after delivery by Provider of the Deliverables hereunder, in the event that any Services do not meet the specifications or other performance criteria agreed to by Provider and Customer in writing, then Provider will, if Customer so elects, promptly re-perform such Services within the time limit as agreed by both parties. And the re-performance service costs shall be agreed by Provider and Customer in writing.
Breach and Remedy. Upon breach of this Agreement, the parties shall have all rights and remedies provided by law or under this Agreement.
Breach and Remedy. Upon breach of this Agreement, the parties shall have all rights and remedies provided by law or under this Agreement. In addition, in the event of a breach of this Agreement by Vendor, OLWS may complete the Services or remedy the issue itself, by agreement with another Vendor, or by a combination thereof. OLWS may deduct the cost of completing the work or remedying the issue identified in the notice of breach from the remaining unpaid balance of the fee(s) owed to Vendor under this or other Agreements, if any.
Breach and Remedy. Within one (1) month after delivery by GenScript of the Deliverables hereunder, in the event that any Services do not meet the specifications or other performance criteria agreed to by GenScript and Client in writing, then GenScript will, if Client so elects, promptly re-perform such Services within the time limit as agreed by both parties. And the re-performance service costs shall be agreed by GenScript and Client in writing.
