Breach of Agreement Remedies. If either party believes that the other has materially breached any provision of this Agreement, the party alleging the breach shall deliver notice to the other party, specifying the nature of the alleged breach. The party alleged to be in breach shall have sixty (60) days from the date of mailing of such notice in which to attempt to cure the alleged breach. During such sixty (60) day period, either party may request a personal meeting between the parties in which to negotiate in good faith to attempt to resolve the dispute. If such negotiations are unsuccessful and the alleged breach has not been cured by the end of such sixty (60) day period, the party alleging the breach may pursue any and all rights and remedies that it has under this agreement, at law or in equity. The parties agree that the remedy at law for any breach of its covenant not to compete and its covenant of confidentiality shall be inadequate and that irreparable harm shall be presumed, and the other party shall be entitled to injunctive relief, in addition to any other remedy it might have, including damages and the right to recover reasonable attorneys' fees, if it becomes necessary for the injured party.
Breach of Agreement Remedies. The Owner, in its sole discretion, may seek remedies under this agreement and as allowed by law, in the event the Contractor commits any material breach or default of any covenant, warranty, obligation or agreement under this Agreement, fails to perform the Services under this Agreement within the time specified herein or any extension thereof, or so fails to perform the Services as to endanger Contractor’s performance under this Agreement in accordance with its terms, and such breach, default or failure. Should the Owner seek remedy, a notice to cure (“Notice”) will be issued to the Contractor. Contractor shall cure such breach, default or failure as described in the notice and within the time period granted in the notice. If Contractor objects to any conditions contained in the Notice, Contractor shall provide a response to the Owner in writing within 3 business days of the delivery of the Notice. Failure to adhere to the remedy in the notice and cure any conditions as described in the Notice may result in the following, in the Owner’s sole discretion: additional Notice to Cure period(s): remedies pursuant to section XV ‘Breach of Agreement; Remedies;’ termination pursuant to Section XVI. ‘Termination of Agreement’ or other remedies as described in this Agreement. .
Breach of Agreement Remedies. In the event of a Breach of Agreement, the aggrieved Party shall give written Notice of Breach of Agreement to the other Party. If the notified Party does not cure the breach, at its sole expense, within thirty (30) calendar days after the delivery of written notice, the Party may exercise any of the remedies as described in herein for that Party. Notwithstanding any provision of this Agreement to the contrary, the Grantor, in its discretion, need not provide notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any other remedy in this Agreement in order to protect the public interest of the State; or if Grantee is debarred or suspended under C.G.S. §§ 4e-35 & 4e-38, the Grantor, in its discretion, need not provide notice or cure period and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of the date that the debarment or suspension takes effect.
Breach of Agreement Remedies. If either party believes that the other has ----------------------------- materially breached any provision of this Agreement, the party alleging the breach shall deliver notice to the other party, specifying the nature of the alleged breach. The party alleged to be in breach shall have sixty (60) days from the date of mailing of such notice in which to attempt to cure the alleged breach. During such sixty (60) day period, either party may request a personal meeting between the parties in which to negotiate in good faith to attempt to resolve the dispute. If such negotiations are unsuccessful and the alleged breach has not been cured by the end of such sixty (60) day period, the party alleging the breach may pursue any and all rights and remedies that it has under this Agreement, at law or in equity.
Breach of Agreement Remedies. If either party believes that the other has materially breached any provision of this Agreement, the party alleging the breach shall deliver notice to the other party, specifying the nature of the alleged breach. The party alleged to be in breach shall have sixty (60) days from the date of mailing of such notice in which to attempt to cure the alleged breach. During such sixty (60) day period, either party may request a personal meeting between the parties in which to negotiate in good faith to attempt to resolve the dispute. If such negotiations are unsuccessful and the alleged breach has not been cured by the end of such sixty (60) day period, the party alleging the breach may pursue any and all rights and remedies that it has under this Agreement, at law or in equity, in any judicial or arbitration proceedings; provided, however, that Seller agrees that, except in the event of Buyer's failure to deliver the Purchase Price set forth in Section 3, rescission shall not be a remedy that is available to Seller.
Breach of Agreement Remedies. If any Party to this Agreement believes another Party has materially breached any provision of this Agreement, the Party alleging the breach shall deliver notice to the other Party, specifying the nature of the alleged breach. The Party alleged to be in breach shall have thirty (30) days from the date of mailing of such notice in which to attempt to cure the alleged breach. During such thirty (30) day period, any Party may request a personal meeting between the Parties in which to negotiate in good faith to attempt to resolve the dispute. If such negotiations are unsuccessful and the alleged breach has not been cured by the end of such thirty (30) day period, the Party alleging the breach may pursue any and all rights and remedies that it has under this Agreement, at law or in equity, including commencement of an arbitration proceeding as described in Section 14 below.
Breach of Agreement Remedies. In the event of a breach of or default under this Agreement, the non-breaching party shall be entitled to all remedies available pursuant to the terms of this Agreement, whether at law and in equity, including, but not limited to, specific performance of this Agreement, and all such remedies are cumulative in nature and may be asserted by such party in the alternative and the assertion of a remedy by a party shall not be deemed an exclusive election of remedies or waiver of any other rights conferred on that party by the terms of this Agreement
Breach of Agreement Remedies. Upon breach or default of any of the provisions, obligations or duties embodied in this AGREEMENT, the parties may exercise any administrative, contractual, equitable, or legal remedies available, without limitation. The waiver of any occurrence of breach or default is not a waiver of subsequent occurrences, and the parties retain the right to exercise all remedies hereinabove mentioned. If the VENDOR fails to perform an obligation or obligations under this AGREEMENT and thereafter such failure(s) is (are) waived by the COURT, such waiver is limited to the particular failure(s) so waived and shall not be deemed to waive other failures hereunder. Waiver by the COURT is not effective unless it is in Ordinance 15-22 | Exhibit A Page 6 of 9 writing and signed by the COURT.
Breach of Agreement Remedies. IWO #20-208 (JLW)
Breach of Agreement Remedies and Mediation
