Breach by Operator Clause Samples
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Breach by Operator. (a) If there is a material breach of this Agreement or any Site Licence by the Operator in relation to any Site or Sites then TowerCo may give written notice of the breach to the Operator stating in reasonable detail the facts and circumstances of such alleged breach.
(b) If the material breach is due to the failure to pay Lease Fees or other material amounts due and payable by the Operator under this Agreement (except where there is an Invoice Error) which is not remedied within 10 Working Days (in the case of Lease Fees) or 20 Working Days (in the case of any other material amounts) after the receipt of a notice of breach by the Operator then TowerCo may terminate the affected Site Licences and immediately disconnect the Operator Equipment on the affected Sites.
(c) If the material breach is not the subject of paragraph (b) and is not remedied within 20 Working Days after the receipt of a notice of breach by the Operator then the parties must begin the dispute resolution process set out in clause 20 in order to determine:
(i) whether a material breach has occurred;
(ii) whether the material breach has been remedied;
(iii) the amount of any payment that would compensate TowerCo for the occurrence of the breach; and
(iv) any other remedies that should be available to TowerCo.
(d) If the outcome of the dispute resolution procedure contemplated in paragraph (c) is that an award is made in favour of TowerCo, TowerCo may terminate the Site Licence or Site Licences for the applicable Site or Sites if that award is not discharged within 15 Working Days from its making.
(e) If the outcome of the dispute resolution procedure contemplated in paragraph (c) is that an award is made in favour of the Operator, TowerCo must reimburse the Operator on demand for any losses or costs incurred as a result of the dispute resolution procedure.
(f) Upon the termination of a Site License by reason of the Operator’s default under or breach of this Agreement or a Site License and subject to the maximum liability cap in clause 18(d), the Operator shall pay as liquidated damages an amount equal to [***] for the unexpired term of each Site Licence terminated, where the [***] shall be agreed between the parties but not in any event exceeding [***] (notwithstanding the removal of the Operator Equipment or the subsequent lease to a third party of all or a portion of the Facility formerly occupied by the Operator).
(g) The termination of a Site License by reason of the Operator’s default...
Breach by Operator. Any Partner may terminate their participation in this Agreement due to a material breach of Operator by providing notice to Operator and giving Operator 30 days to correct the breach. If Operator fails to correct the breach to the satisfaction of the non-breaching Partner within 30 days, that Partner may terminate their participation in this Agreement immediately.
Breach by Operator. The Operator will pay all costs, charges and expenses for which the Owner shall become liable in consequence of or in connection with any breach or default by the Operator in the performance or observance of any of the terms of this Agreement.
Breach by Operator a. In the event the Operator breaches (i) the exclusivity provision of Section 1 of this Agreement by placing the Machine of another supplier in any Location in which the Company's Machines are placed pursuant to this Agreement, or (ii) the access to Machines provision of Section 13 of this Agreement by refusing to grant the Company or its employees, agents or other representatives access to any Machine during normal business hours, or (iii) its obligations to pay money to the Company or ABG pursuant to this Agreement by making any such payment more than three days late, then the Company shall provide the Operator with notice of such breach. If there are two or more breaches of the type set forth in (i) above during the term of this Agreement, or eleven or more breaches of the type set forth in (ii) above during any twelve-month period, or five or more breaches of the type set forth in (iii) above during any twelve-month period, then in addition to any other remedy which may exist at law or in equity, the Company and ABG may elect to terminate this Agreement in whole, or partially terminate this Agreement by terminating it only with respect to the Location to which the breach relates, terminate the related subleases and leases and remove the Machines from all of the Locations, or only the Location with respect to which this Agreement is terminated in part, without interference from the Operator and shall be entitled to damages of a sum equal to the cost of the unexpired portion of the license on each such Machine, plus the Company's portion of the average weekly total gross revenue after payouts of winnings for each such Machine multiplied by the number of weeks that each such Machine is out of service as a result of such termination, in whole or in part, of this Agreement; provided, however, in the event the Company and ABG elect to terminate this Agreement in whole, such damages shall be limited to the damages related to the Location or Locations at which the breach occurred. The average weekly total gross revenue after payouts of winnings for each Machine shall be calculated based upon the respective Machine's actual activity for the ten week period prior to such breach. The parties acknowledge and agree that a surprise inspection of the Machines at a time other than during normal business hours at which the Company is unable to access the Machines will not be deemed a breach under (ii) above; provided, however, the Operator must take all reasonable eff...