Common use of Breach By Dealer Clause in Contracts

Breach By Dealer. In the event (i) that any of the material representations and warranties of Dealer, FAA, Xxxxxx X. Price or Executive Manager, contained in this Agreement shall prove not to have been true and correct when made or (ii) of any breach or violation of any of the covenants made by Dealer and FAA, Xxxxxx X. Price or Executive Manager, in Articles Third, Fourth and Ninth of this Agreement or (iii) of the occurrence of any of the events warranting termination of this Agreement as set forth in Section 12.A of the Standard Provisions, Seller may terminate this Agreement, prior to the expiration date hereof, by giving Dealer written notice thereof, specifying the nature of the breach; Dealer shall have an opportunity to cure the breach within 45 days; at the expiration of this 45 day cure period, if the breach has not been satisfactorily cured, Seller may terminate this Agreement by giving written notice to Dealer, such termination to be effective upon the date specified in such notice, or such latter date as may be required by any applicable statute with the effect set forth in Section 13 of the Standard Provisions.

Appears in 3 contracts

Samples: And Service Agreement (Firstamerica Automotive Inc /De/), Dealer Term Sales and Service Agreement (Firstamerica Automotive Inc /De/), Dealer Term Sales and Service Agreement (Firstamerica Automotive Inc /De/)

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Breach By Dealer. In the event (i) that any of the material representations and warranties of Dealer, FAA, Xxxxxx X. Price or Executive Manager, contained in this Agreement shall prove not to have been true and correct when made or (ii) of any breach or violation of any of the covenants made by Dealer and FAA, Xxxxxx X. Price or Executive Manager, in Articles Third, Fourth and Ninth of this Agreement or (iii) of the occurrence of any of the events warranting termination of this Agreement as set forth in Section 12.A of the Standard Provisions, Seller may terminate this Agreement, prior to the expiration date hereof, hereof by giving Dealer written notice thereof, specifying the nature of the breach; Dealer shall have an opportunity to cure the breach within 45 days; at the expiration of this 45 day cure period, if the breach has not been satisfactorily cured, Seller may terminate this Agreement by giving written notice to Dealer, such termination to be effective upon the date specified in such notice, or such latter date as may be required by any applicable statute with the effect set forth in Section 13 of the Standard Provisions.

Appears in 3 contracts

Samples: Dealer Term Sales and Service Agreement (Firstamerica Automotive Inc /De/), Dealer Term Sales and Service Agreement (Firstamerica Automotive Inc /De/), Dealer Term Sales and Service Agreement (Firstamerica Automotive Inc /De/)

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