Breach of Section 5 Sample Clauses

Breach of Section 5. 7. In the event of a breach by the ADCS Group or any ADCS Group Subsidiary of Section 5.7 (subject to written notice and a thirty business day cure period), the ATMI Group may pursue any and all remedies available to it at law or in equity. Recovery by the ATMI Group of a termination payment under Section 9.2 shall not bar any such action for breach of Section 5.7, but the amount of any monetary damages awarded to the ATMI Group in such action shall be reduced by the termination payment actually received by the ATMI Group. 61 62 ARTICLE X
Sample 1
Breach of Section 5. 6. In the event the Manager either receives a Notice of Withdrawal as provided in Section 5.6 or receives notice of a breach of Section 5.6 by a Physician Member (the "Defaulting Physician Member"), the Manager may elect, in its sole discretion, to treat such event as a default under this Agreement and enforce the provisions of this Section 11.
Sample 1
Breach of Section 5. 6. In the event the Partnership receives notice of a breach of Section 5.6 by or with respect to a Limited Partner (the "Defaulting Limited Partner"), the Partnership may elect, in its sole discretion, to treat such event as a default under this Agreement and enforce the provisions of this Section 9.1(c). If the Partnership elects to enforce the provisions of this Section 9.1(c), the Partnership shall give written notice of such election (the "Notice of Default") to the Defaulting Limited Partner. The Partnership shall have the option to purchase at the Closing (as defined below) the Partnership Interest of the Limited Partner (which the Limited Partner shall then become obligated to sell) at the price determined in the manner provided in Section 9.1(f) of this Agreement and on the terms and conditions provided in Section 9.2 of this Agreement. The Partnership shall have a period of thirty (30) days following the date it sends the Notice of Default (the "Option Period") within which to notify in writing the Defaulting Limited Partner, whether the Partnership wishes to purchase all or a portion of the Partnership Interest of the Defaulting Limited Partner. If the Partnership does not elect to purchase all of the Partnership Interest of the Defaulting Limited Partner before the expiration of the Option Period and in the manner provided herein, the portion of the Partnership Interest not purchased shall be held by the Defaulting Limited Partner pursuant to the terms of this Agreement. The Partnership, in its sole discretion, may elect to assign its rights to purchase the Partnership Interest of a Defaulting Limited Partner under this Section 9.1(c) to the General Partner and, in such case, the General Partner shall have the same rights as provided for the Partnership under this Section 9.1(c).
Sample 1
Breach of Section 5. 07. By Buyer, if at any time within 30 days following the date of this Agreement, Parent shall have materially breached its obligations under Section 5.07 of this Agreement.
Sample 1
Breach of Section 5. 1 or 5.2. Breach by Content Participant of Sections 5.1 or 5.2 shall be subject only to such remedies for breach of mandatory Managed Copy obligations as are set forth under the Final Content Participant Agreement (or Final Content Provider Agreement) to which Content Participant is a party. To the extent such Final Content Participant Agreement (or Final Content Provider Agreement) provides third party beneficiary rights to Adopters for a violation of Section 5.1 or 5.2, such Adopters are intended beneficiaries of the obligations of Content Participant under such Sections of this Interim Agreement.
Sample 1

Related to Breach of Section 5

  • Breach of Security 6.1 Either party shall notify the other immediately upon becoming aware of any Breach of Security including, but not limited to an actual, potential or attempted breach, or threat to, the Security Plan. 6.2 Upon becoming aware of any of the circumstances referred to in paragraph 6.1, the Contractor shall; a) immediately take all reasonable steps necessary to; (i) remedy such breach or protect the Contractor ICT System against any such potential or attempted breach or threat; and (ii) prevent an equivalent breach in the future. Such steps shall include any action or changes reasonably required by the Authority. In the event that such action is taken in response to a breach that is determined by the Authority acting reasonably not to be covered by the obligations of the Contractor under this Contract, then the Contractor shall be entitled to refer the matter to the change control procedure in clause F3 (Variation). b) as soon as reasonably practicable provide to the Authority full details (using such reporting mechanism as may be specified by the Authority from time to time) of such actual, potential or attempted breach and of the steps taken in respect thereof.

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • Breach of Specific Covenants Borrower shall fail or neglect to perform, keep or observe any covenant contained in Sections 5.2, 5.3, 6.1.1, 6.1.2, 6.2.5, 6.2.6, 8.1, 8.2 or 8.3 hereof on the date that Borrower is required to perform, keep or observe such covenant.

  • Liability for Breach of Agreement During the term of this Agreement, any violation of any provisions herein by either party constitutes breach of contract and the breaching party shall compensate the non-breaching party for the loss incurred as a result of this breach.

  • Breach of Certain Covenants Failure of any Credit Party to perform or comply with any term or condition contained in Section 2.6, Section 5.2 or Section 6; or

  • Breach of the Agreement The Beneficiary commits a material breach of its obligations under this Agreement;

  • Breach of Covenant The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

  • Breach of Certain Provisions Failure of the Borrower or any of its Subsidiaries to perform or comply with any term or condition contained in Sections 6.1(f), 6.3 or 8.1, or in Article VII; or

  • Breach of Covenants If the Company breaches any of the covenants set forth in this Section 4, and in addition to any other remedies available to the Buyer pursuant to this Agreement, it will be considered an event of default under Section 3.4 of the Note.

  • Breach of Confidentiality Contractor acknowledges that there can be no adequate remedy at law for any breach of Contractor’s obligations hereunder, that any such breach will likely result in irreparable harm, and therefore, that upon any breach or threatened breach of the confidentiality obligations, the JBE shall be entitled to appropriate equitable relief, without the requirement of posting a bond, in addition to its other remedies at law.