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. 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 even the breach is not remedied within seventy-two (72) hours, the Escrow Agreement is canceled and any and all money and documents deposited with the Escrow Funds shall be released to the Town to assure the appropriate installation of the required Public Improvements. Notice of a breach is considered given when sent by facsimile to the party in breach of the Escrow Agreement.
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. 19.1 Unless Condition 10 applies, if at any time during the Term, the Customer becomes unable to, or fails to comply with any of the terms of this Contract, NRW may do one or more of the following:
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):
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. Failure of either Party to comply in good faith with the terms of this Agreement shall constitute a breach of this Agreement. Absent any emergency, wherein immediate corrective action is required to prevent injury or damage to person or property, any perceived breach of this Agreement shall be stated in writing, and the allegedly-breaching Party shall be given ten (10) calendar days to take appropriate corrective or remedial action. If said corrective or remedial action is not taken by the eleventh (11th) day, or such other time as may be necessary for said action to be completed, or if satisfactory explanation is not given, the complaining Party may pursue appropriate corrective action from the District of Columbia, a court of competent jurisdiction, or through binding arbitration as described in Section 7(c). This Agreement may be enforced in any court of competent jurisdiction for any action, or actions, for mandatory or prohibitory injunctive relief. The Parties agree to act in good faith in the fulfillment of the terms of this Agreement.
Breach and Remedy. Without derogating from any of the Municipality's rights in accordance with the Contract Documents and/or under all Laws and Regulations, in any event the Contractor fails - as of Signature Date until the completion of the Warranty Period - to fulfill and/or meet any of the requirements set forth in the Contract Documents, the Municipality may:
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.
Breach and Remedy. In the event either party fails to perform its obligations under this Agreement, the aggrieved party shall have all rights and remedies available to them at law (including reasonable attorneys' fees), in equity, or otherwise.
