Breach or Default. Upon any breach or default by LICENSEE of any term or condition herein contained, ASCAP may terminate this license by giving LICENSEE thirty days notice to cure such breach or default, and in the event that such breach or default has not been cured within said thirty days, this license shall terminate on the expiration of such thirty-day period without further notice from ASCAP. In the event of such termination, ASCAP shall refund to LICENSEE any unearned license fees paid in advance.
Breach or Default. Upon any breach or default by LICENSEE of any term or condition herein contained, SOCIETY may terminate this license by giving LICENSEE thirty days notice to cure such breach or default, and in the event that such breach or default has not been cured within said thirty days, this license shall terminate on the expiration of such thirty-day period without further notice from SOCIETY. In the event of such termination, SOCIETY shall refund to LICENSEE any unearned license fees paid in advance.
Breach or Default. If the Customer does not pay all charges for services as provided hereunder, promptly when due: (1) ImageNet Consulting, LLC may (a) refuse to provide service or supplies for the Equipment or (b) furnish service and supplies on a C.O.D. (cash on deliver) “Per Call” basis at published rates Jurisdiction: This Agreement will be governed by and construed according to the laws of the State of Oklahoma applicable to agreements wholly negotiated, executed and performed in Oklahoma. It constitutes the entire Agreement between parties and may not be modified except in writing signed by duly authorized officers of ImageNet Consulting, LLC and the Customer.
Breach or Default. A. Upon breach or default of any of the provisions, obligations or duties embodied in this Agreement, ODM 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 ODM retains the right to exercise all remedies hereinabove mentioned.
B. If either of the parties fails to perform an obligation or obligations under this Agreement and thereafter such failure(s) is (are) waived by the other party, such waiver shall be limited to the particular failure(s) so waived and shall not be deemed to waive other failure(s) hereunder. Waiver by ODM shall not be effective unless it is in writing signed by the ODM Director.
Breach or Default. 1. The Parties agree that all the terms, conditions and/or covenants herein contained shall be deemed essential conditions of this Contract, and in the event of default or breach of any such terms, conditions and or covenants, or should a party become bankrupt, or insolvent, the innocent party shall have a right to terminate and cancel this Contract, by giving thirty (30) days prior written notice to the other party. During the period of the thirty (30) days prior to the intended date of termination as stated in the written notice, the party at fault may prevent the termination of the Contract by curing the events or causes of termination or cancellation of the lease.
2. Should the LESSOR be cancelled to seek judicial relief against the LESSEE or vice versa, in addition to any other damages that may be awarded by final judgment to the prevailing party, the losing party shall pay, as and by way of attorney’s fees, such amount as maybe adjudged by the court, aside from the costs of the litigation and other expense which by law entities the prevailing party to recover.
3. This Contract shall be governed by and interpreted under the laws of the Republic of the Philippines.
Breach or Default. 1. The Parties agree that all the terms, conditions and/or covenants herein contained shall be deemed essential conditions of this Contract, and in the event of default or breach of any such terms, conditions and/or covenants, or should a party become bankrupt, or insolvent, the innocent party shall have a right to terminate and cancel this Contract, by giving 60 days prior written notice to the other party. During the period of the 60 days prior to the intended date of termination as stated in the written notice, the party at fault may prevent the termination of the Contract by curing the events or causes of termination or cancellation of the lease.
2. Should the LESSOR be compelled to seek judicial relief against the LESSEE, or vice versa, in addition to any other damages that may be awarded by final judgment to the prevailing party, the losing party shall pay, as and by way of attorney’s fees, such amount as maybe adjudged by the Court, aside from the costs of the litigation and other expense which by law entitles the prevailing party to recover.
Breach or Default. Any party’s failure to enforce this Agreement in the event of one or more events that violate this Agreement shall not constitute a waiver of any right to enforce this Agreement against subsequent violations.
Breach or Default. In the event of any breach or default under this Agreement by Employee, HouseValues Inc. may suffer irreparable damages and have no adequate remedy at law. In the event of any threatened or actual breach or default, HouseValues Inc. shall be entitled to injunctive relief, specific performance and other equitable relief. The rights and remedies of HouseValues Inc. under this paragraph are in addition to, and not in lieu of, any other right or remedy afforded to HouseValues Inc. under any other provision of this Agreement, by law, or otherwise. Any party’s failure to enforce this Agreement in the event of one or more events that violate this Agreement shall not constitute a waiver of any right to enforce this Agreement against subsequent violations.
Breach or Default. No litigation shall be initiated by Lessor for damages, forfeiture or cancellation with respect to any breach or default by Lessee hereunder, for a period of at least 90 days after Lessor has given Lessee written notice fully describing the breach or default, and then only if Lessee fails to remedy the breach or default within such period. In the event the matter is litigated and there is a final judicial determination that a breach or default has occurred, this lease shall not be forfeited or cancelled in whole or in part unless Lessee is given a reasonable time after said judicial determination to remedy the breach or default and Lessee fails to do so.
Breach or Default. If LICENSEE should fail to adhere to the provisions of this license, LICENSOR shall have the right, among others, to terminate this license and to repossess the premises and cause LICENSEE to vacate the premises. If this should occur, LICENSEE shall pay LICENSOR the expenses incurred in obtaining possession of the premises and all other damages sustained by LICENSOR. Without limiting the generality of the foregoing, the LICENSOR may terminate this License and remove the LICENSEE from the Premise for any one or more of the following acts:
(a) Nonpayment of any license fees due. (No notice of default shall be required for nonpayment of the licensee fees).
(b) Failure to cure any violation of any provision of this Agreement, including the Manual, other than nonpayment of license fees, within 10 days of written notice of such violation. Two or more violations during the course of any single calendar year of any provision of this Agreement shall be a breach of this Agreement, and no notice of violation or right to cure shall be required or offered.
(c) Failure to cure any violation of LICENSOR's Parks and Recreation Department’s Manual or Rules and Regulations, that are amended from time to time, within 10 days of written notice of the same. Two or more violations of the same rule or regulation during the course of any single calendar year shall be a breach of this Agreement, and no notice of violation or right to cure shall be offered or required.
(d) Failure to comply with relevant local ordinances and state laws. Each of the above rights and remedies shall be cumulative and nonexclusive. LICENSOR reserves the right to seek any and all remedies available at law. If LICENSOR should waive any provisions of this Agreement, it shall not be construed as a waiver of a further breach of such provision.
