Breach/Default. The parties hereto expressly covenant and agree that in the event there is a breach or default by Tenant in the performance of any term, covenant, or condition herein contained or hereafter established (and, with respect to any term, covenant or condition other than payment of rent or other sums due of Tenant hereunder, such breach is not cured by Tenant within ten (10) days after written notice thereof), or if proceedings are commenced against Tenant in any court under a bankruptcy act or for the appointment of a trustee or receiver of the Tenant's property, either before or after the commencement of the lease term, Landlord may, upon the giving of proper notice as provided for by the laws of the State of Michigan, terminate this Agreement of Lease, and upon Tenant's failure to vacate the premises, Landlord may re-enter or repossess the Leased Premises by summary proceedings and dispossess or remove the Tenant or occupants thereof and their effects. Landlord may store all property of Tenant so removed and Tenant shall pay Landlord the rate of One Hundred Dollars ($100.00) per day as storage fees. Upon re-entry or repossession, Landlord shall use all reasonable diligence to relet the Leased Premises, or any part thereof, and collect from Tenant the difference between the rent hereby reserved and agreed to be paid by Tenant for the portion of the term remaining at the time of re-entry or repossession and the amount, if any, received or to be received under such reletting for such portion of the term. If the repossessed property is relet pursuant to the terms of this section, Landlord may collect such rentals which, in his sole discretion, he may deem advisable, with the right to make alterations and repairs to the premises. Rentals received by Landlord from such reletting shall be applied as follows:
Breach/Default. Upon breach or default of any of the terms and conditions of this Agreement, the non-defaulting party will deliver a written notice of such default to the defaulting party (the "Default Notice"). If the default is not cured within sixty (60) days after the defaulting party's receipt of the Default Notice, the non-defaulting party may terminate this Agreement.
Breach/Default. The Town or Contractor may terminate or cancel this Contract for any breach of the terms herein.
Breach/Default. This agreement may be terminated by one party hereto --------------- in the event of a material breach thereof by the other party or upon written notice by one party to the other, if the other party files or has filed against it a petition under the Bankruptcy Act, makes an assignment for the benefit of creditors, has a receiver appointed for it or any of its assets. In such event, the party intending to terminate this agreement shall advise the other party in writing, setting forth in sufficient detail the breach claimed to be the basis of the termination and requesting that the alleged breach be cured by the other party within thirty (30) days of the receipt of the notice. Should the other party fail to cure the alleged breach within such period, the terminating party shall so notify the other party and this agreement shall be deemed terminated thirty (30) days after receipt of such termination notification.
Breach/Default. 4.1 The Hirer shall indemnify the Owner for any expense or loss incurred by the Owner as a result of a breach / default by the Hirer.
4.2 Where the Hirer is in breach / default of this agreement the Owner can enter upon the land where the Equipment is located and take possession of it.
4.3 The Hirer will be deemed to have granted an irrevocable authority to the Owner in exercising this right. The Hirer waives and releases the Owner from any liability or for any damage or losses incurred by the Owner or Owner representatives obtaining the Equipment.
Breach/Default. If Biochrom fails to perform or deliver Products required under this Agreement, or if Biochrom repudiates or breaches any of the material terms hereof, including, but not limited to, Biochrom’s warranties, such events shall constitute a breach under Section 2(c). This Section 2(d) shall not be deemed to limit in any manner GE Healthcare’s rights to claim material breach by Biochrom under Section 2(c) above.
Breach/Default. Failure by either Party to comply with any covenant, obligation or term contained in this agreement, including the payment of the residential fee as provided in paragraph 6 hereof, for a period of thirty (30) days after receipt of notice of breach and demand for performance from the other party shall be deemed a material and substantial breach of the terms of this agreement and shall constitute a default under the terms hereof.
Breach/Default. In the event that there shall be a breach of any representation, warranty, covenant, agreement or obligation of the Company, the Subsidiaries after the Closing, which breach shall remain uncured for a period of 45 days after notice of such breach is given by Purchaser to the Company, Purchaser shall have the option to designate additional representatives to the Board of Directors and/or to require the resignation of non-Purchaser directors so that after such actions, Purchaser's representatives on the Board of Directors shall constitute a majority.
Breach/Default. (a) If Operator shall fail to make any payment when due CKI (including payments due in accordance with their terms, but if terms are not specified then not later than 30 days following the date of invoice derived from services or expenses referred to in or relating to this Agreement), or any payment to any licensee, or payment to any authorized user of the Mark (xx other trademark of CKI) with respect to its purchase of Articles, as provided hereunder, (i) Operator agrees to pay interest on such amount at a rate equal to two percentage points above the prime rate per annum being charged by Chase Bank as of the close of business on the date such payment becomes due (but not more than the maximum rate of interest which legally can be charged to corporations) from and including the date such payment initially becomes due until the date such amount is paid in full, and (ii) if such default shall continue uncured for a period of ten days after CKI shall have given Operator written notice of such default. CKI shall have the right to terminate this Agreement forthwith by giving written notice thereof to Operator.
(b) If Operator fails to perform any of the terms, conditions, agreements or covenants in this Agreement affecting or relating in any way to the Mark xxx/or use which may adversely
Breach/Default. If Client materially defaults in its performance under this Agreement, and fails to cure such default within thirty (30) days after receiving written notice specifying the default, then Sysco, in its discretion, may immediately terminate this Agreement by providing Client with written notice of such termination. Sysco shall be in default hereunder if it fails to make timely delivery of the software or services subscribed to under this Agreement. Should Sysco fail to remedy the default complained of within thirty (30) days after written notice or fails during those thirty (30) days to diligently pursue curing such default which is cured within a reasonable period thereafter, Client may terminate this Agreement. In the event Client opts to terminate this Agreement, it shall promptly send Sysco further written notice advising of the effective date of termination.