Breach, Not Subject to Cure. In the event of Participant’s material breach of this SCPA, the SHIN-NY SOPs or the SHIN-NY Regulation that cannot reasonably be cured (as determined by a Designated HIN in its reasonable discretion) or a Participant’s material breach of the BAA between a Designated HIN and Participant relating to this SCPA, such Designated HIN may terminate this SCPA with respect to such Participant upon fifteen (15) days’ notice to each other HIN and Participant.
Breach, Not Subject to Cure. If the non-breaching party deems the breach is of such a nature as it is not subject to or is incapable of being cured, it shall provide a Notice of Breach to the breaching party of its intent to terminate the Agreement for cause, in which it shall include a date upon which the Agreement terminates.
