Breach by the Parties. (a) If the Owner claims that the Developer has breached any of its obligations under this Agreement, the Owner will notify the Developer and TxDOT in writing of such breach, and the Developer shall have 30 days following receipt of such notice in which to cure such breach, before the Owner may invoke any remedies which may be available to it as a result of such breach; provided, however, that both during and after such period TxDOT shall have the right, but not the obligation, to cure any breach by the Developer. Without limiting the generality of the foregoing, (a) TxDOT shall have no liability to the Owner for any act or omission committed by the Developer in connection with this Agreement, and
Breach by the Parties. (a) If the Owner claims that the DB Contractor has breached any of its obligations under this Agreement, the Owner will notify the DB Contractor and TxDOT in writing of such breach, and the DB Contractor shall have 30 days following receipt of such notice in which to cure such breach, before the Owner may invoke any remedies which may be available to it as a result of such breach; provided, however, that both during and after such period TxDOT shall have the right, but not the obligation, to cure any breach by the DB Contractor. Without limiting the generality of the foregoing, (a) TxDOT shall have no liability to the Owner for any act or omission committed by the DB Contractor in connection with this Agreement, and (b) in no event shall TxDOT be responsible for any repairs or maintenance to the Owner Utilities adjusted pursuant to this Agreement.
Breach by the Parties. (a) If the Owner claims that the DB Contractor has breached any of its obligations under this Agreement, the Owner will notify the DB Contractor and TxDOT in writing of such breach, and the DB Contractor shall have 30 days following receipt of such notice in which to cure such breach, before the Owner may invoke any remedies which may be available to it as a result of such breach; provided, however, that both during and for 30 days after the cure aftersuch period TxDOT shall have the right, but not the obligation, to cure any breach by the DB Contractor.
Breach by the Parties. (a) If the Owner claims that the Developer has breached any of its obligations under this Agreement, the Owner will notify the Developer and TxDOT in writing of such breach, and the Developer shall have 30 days following receipt of such notice in which to cure such breach, before the Owner may invoke any remedies which may be available to it as a result of such breach; provided, however, that both during and after such period TxDOT shall have the right, but not the obligation, to cure any breach by the Developer. Without limiting the generality of the foregoing:
Breach by the Parties. In case of non-fulfillment by “THE CORPORATION”, of its corresponding obligations of the execution of this Agreement, “THE MINISTRY” shall be able to stop the payment and demand the reimbursement of the amounts paid out and not executed to the date, should the case be. In case of the non-fulfillment by “THE MINISTRY” of its corresponding obligations as to the execution of this Agreement, “THE CORPORATION” shall be able to stop the supply to “THE MINISTRY”, and collect the outstanding balance of payment. CLAUSE SEVENTEETH: OF THE TERMINATION OF THE AGREEMENT THE PARTIES may early terminate and with full rights this Agreement for the causals foreseen in the current Legal Framework and specially for those indicated hereinafter: “THE MINISTRY” MAY UNILATERALLY TERMINATE this Agreement in the following circumstances:
Breach by the Parties. For the purposes of sections “6.1” and “6.2” herein, the Parties hereby recognize and agree that a breach a Party of any of the covenants therein contained would result in irreparable harm and significant damage to the other Party that would not be adequately compensated for by monetary award. Accordingly, each of the Parties agrees that, in the event of any such breach, in addition to being entitled as a matter of right to apply to a Court of competent equitable jurisdiction for relief by way of restraining order, injunction, decree or otherwise as may be appropriate to ensure compliance with the provisions hereof, a Party will also be liable to the other Party, as liquidated damages, for an amount equal to the amount received and earned by that Party as a result of and with respect to any such breach. The Parties hereby acknowledge and agree that if any of the aforesaid restrictions, activities, obligations or periods are considered by a Court of competent jurisdiction as being unreasonable, the Parties agree that said Court shall have authority to limit such restrictions, activities or periods as the Court deems proper in the circumstances. In addition, the Parties further acknowledge and agree that all restrictions or obligations in this Agreement are necessary and fundamental to the protection of their respective business interests and are reasonable and valid, and all defenses to the strict enforcement thereof by the Parties are hereby waived.
Breach by the Parties. 20.1. In the event of any party failing to fulfill any of the terms and/or conditions of this agreement, including any performance required to be undertaken by a due date and remaining in default for a period of 14 (fourteen) days after the other party shall have given notice in writing to the defaulting party, calling upon the defaulting party to remedy such default within 14 days; or
Breach by the Parties. 8.1 Save as may be provided to the contrary in this AGREEMENT, should any party ("the DEFAULTING PARTY") commit a breach of any of the provisions of this AGREEMENT, then the AGGRIEVED PARTY may give 7 (Seven) days written notice to remedy the breach where after the AGGRIEVED PARTY may make an election or to take any steps consequent upon such breach.
