Breach of the Agreement. The Beneficiary commits a material breach of its obligations under this Agreement;
Breach of the Agreement. The Station Facility Owner commits a material breach of its obligations under this Agreement;
Breach of the Agreement. If, during the Term of the Agreement, the Company (a) commits any felony under U.S. federal law; (b) provides in connection with this Agreement deliberately false, incomplete, or misleading information; (c) fails to cooperate as set forth in Paragraphs 5 and 6 of this Agreement; (d) fails to put into effect or operation, implement, and maintain a compliance program as set forth in Paragraphs 10 through 12 of this Agreement and Attachment C; or (e) otherwise fails to specifically perform or to fulfill completely each of the Company’s obligations under the Agreement, regardless of whether the Offices become aware of such a breach after the Term of the Agreement is complete, the Company shall thereafter be subject to prosecution for any federal criminal violation of which the Offices have knowledge, including, but not limited to, the charges in the Information described in Paragraph 1 and charges that arise from the conduct set forth in the Statement of Facts, which may be pursued by the Offices in the U.S. District Courts for the Middle District of Pennsylvania, the Central District of California, the Eastern District of Pennsylvania, or the Southern District of Florida, or any other appropriate venue. Determination of whether the Company has breached the Agreement and whether to pursue prosecution of the Company shall be in the Offices’ sole discretion, subject to the notice and opportunity to respond provisions in Paragraph 16. Any such prosecution may be premised on information provided by the Company or its personnel, Agents, or Agent employees. Any such prosecution relating to the conduct described in the Statement of Facts or relating to conduct known to the Offices prior to the date on which this Agreement was signed that is not time-barred by the applicable statute of limitations on the date of the signing of this Agreement may be commenced against the Company notwithstanding the expiration of the statute of limitations between the signing of this Agreement and the expiration of the Term of the Agreement plus one year. Thus, by signing this Agreement, the Company agrees that the statute of limitations with respect to any such prosecution that is not time-barred on the date of the signing of this Agreement shall be tolled for the Term of the Agreement plus six months. In addition, the Company agrees that the statute of limitations as to any violation of federal law that occurs during the Term of the Agreement will be tolled from the date upon which th...
Breach of the Agreement. In the event of any claimed breach of this Agreement, the party claimed to have committed the breach will be entitled to written notice of the alleged breach and a period of ten (10) days in which to remedy such breach. Executive acknowledges and agrees that a breach of any of the covenants contained in this Agreement will result in irreparable and continuing harm to the Company for which there will be no adequate remedy at law. The Company will be entitled to preliminary and permanent injunctive relief to restrain Executive from violating the terms and conditions of this Agreement in addition to other available remedies, at law and in equity.
(1) Executive acknowledges that: (i) compliance with Paragraphs 2(e), (f), and (g) is necessary to protect the Company's business and good will; (ii) a breach of those Paragraphs will irreparably and continually damage Company; and (iii) an award of money damages will not be adequate to remedy such harm.
(2) Consequently, Executive agrees that, in the event he breaches or threatens to breach any of these covenants, Company shall be entitled to both: (i) a preliminary or permanent injunction in order to prevent the continuation of such harm; and (ii) money damages, insofar as they can be determined, including, without limitation, all reasonable costs and attorneys' fees incurred by the Company in enforcing the provisions of this Agreement. Nothing in this Agreement, however, shall prohibit Company from also pursuing any other remedy.
(3) If, after the expiration of the two (2) year period referred to in Paragraph 2(e) hereof, Executive becomes affiliated with any business that competes with Company, either as a shareholder, manager, partner, creditor, employee, consultant, agent or independent contractor, or a customer or account of Company becomes a customer or account of the competing business with which Executive is affiliated, this fact shall be presumptive evidence that Executive has breached the terms of this Agreement, and the burden of proving otherwise shall rest upon Executive.
(4) As money damages for the period of time during which Executive violates these covenants, Company shall be entitled to recover the full amount of any fees, compensation, or other remuneration earned by Executive as a result of any such breach.
Breach of the Agreement. 15.1 We may suspend any or all of the Services or terminate the Agreement immediately at any time by notifying you in writing if:
(a) you commit a material breach of this Agreement or any other agreement you have with us and fail to remedy the breach within a reasonable time of being asked to do so;
(b) we believe that the Service(s) are being used in a way forbidden by paragraph 11.
Breach of the Agreement. If, during the Term, (a) the Company commits any felony under U.S. federal law;
Breach of the Agreement. Executive acknowledges that upon his breach of this Agreement or the Proprietary Agreement, the Company would sustain irreparable harm from such breach, and, therefore, Executive agrees that in addition to any other remedies which the Company may have under this Agreement or otherwise, the Company shall be entitled to obtain equitable relief, including specific performance and injunctions, restraining Executive from committing or continuing any such violation of the Agreement or the Proprietary Agreement. Executive acknowledges and agrees that upon Executive’s material or intentional breach of any of the provisions of the Agreement (including Section 8) or the Proprietary Agreement, in addition to any other remedies the Company may have under this Agreement or otherwise, the Company’s obligations to provide benefits to Executive as described in this Agreement, including without limitation those benefits provided in Section 4, shall immediately terminate.
Breach of the Agreement. 13.1 Should the Resident breach this Agreement due to breaching a Zero Tolerance Rule as set out in Annexure D: Community Guidelines:
13.1.1 CampusKey shall be entitled to cancel this Agreement immediately and impose a reasonable cancellation penalty on the Resident, as set out in Annexure C: Cancellation Policy;
13.1.2 the Resident will remain liable to CampusKey for any amounts owed in terms of this Agreement, up to date of cancellation; and
13.1.3 no notice period will be applicable for this breach as the breach is severe.
13.2 Should the Resident breach this Agreement due to breaching any of the Community Guidelines 3 (three) times during Your Stay:
13.2.1 CampusKey shall be entitled, but not obliged, to cancel this Agreement immediately and impose a reasonable cancellation penalty on the Resident, as set out in Annexure C: Cancellation Policy;
3.2.2 the Resident will remain liable to CampusKey for any amounts owed in terms of this Agreement, up to date of cancellation; and
13.2.3 no notice period will be applicable for this breach, as the three-step fine system offers the Resident more than 20 Business Days’ notice of the approaching breach.
13.3 Should the Resident breach this Agreement due to failing to pay the Service and Residence Fee timeously in terms of this Agreement and fail to remedy that breach within a period of 20 Business Days after receipt of a written notice to that effect from CampusKey:
13.3.1 CampusKey shall be entitled, but not obliged, to cancel this Agreement and impose a reasonable cancellation penalty on the Resident, as set out in Annexure C: Cancellation Policy;
3.3.2 the Resident will remain liable to CampusKey for any amounts owed in terms of this Agreement, up to date of cancellation; and
13.3.3 CampusKey will issue a written notice to the Resident 20 Business Days prior to cancelling the Agreement.
13.4 Should either of the Parties:
13.4.1 commit any breach of any other condition of this Agreement, save for a breach as set out in clause 13.1, 13.2 and 13.3, and fail to remedy that breach within a period of 20 Business Days after receipt of a written notice to that effect to it by the other Party; or
13.4.2 commit any act of insolvency; then the other Party shall be entitled to:
13.4.2.1 cancel this Agreement; or
13.4.2.2 remedy such breach and immediately recover the total cost it has incurred in so doing from the other Party.
13.5 While the Resident is in occupation of the Room and irrespective of any dispute between the...
Breach of the Agreement. The College may unilaterally terminate the Agreement for the breach of any term or condition by you.
Breach of the Agreement. 6.1. The Member shall give CROPEX immediate written notice in case of errors in the Service or any breach of this Agreement, and allow CROPEX a reasonable time to remedy the error or the breach. The Member shall have no further claims towards CROPEX in case an error or the breach is remedied within such reasonable remedy period.
6.2. Parties mutually confirm that if CROPEX is prevented from timely reporting any information to ACER because of the Member’s failure to timely deliver true and accurate necessary information or changes of such information to CROPEX, regardless of whether CROPEX explicitly required such information from the Member or not, such omission by CROPEX to report to ACER will not be considered a breach of this Contract and shall not give rise to any Member’s claims toward CROPEX.
