Breach Provisions. The Recipient may be in material breach under this Agreement if it fails to comply with any term of this Agreement. In the event of a material breach, CDFA shall provide in writing a Notice of Breach to the Recipient within ten (10) calendar days upon discovery of breach. Recipient shall have ten (10) calendar days from receipt of the notice to cure the breach. If the Recipient fails to cure the breach within the time prescribed by this Agreement, CDFA may do any of the following:
A. Suspend payments;
B. Demand repayment of all funding;
C. Terminate the Agreement; or
D. Take any other action deemed necessary to recover costs. If CDFA determines that Recipient is not in material breach but that a Project is not being implemented in accordance with the provisions of this Agreement, or that Recipient has failed in any other respect to comply with the provisions of this Agreement, and if Recipient does not remedy any such failure in a reasonable manner, CDFA may withhold all or any portion of the grant funding and take any other action that CDFA deems necessary to protect its interests. Where a portion of the grant funding has been disbursed to the Recipient and CDFA notifies Recipient of its decision not to release funds that have been withheld pursuant to Exhibit B, Suspension of Payments Provision, the portion that has been disbursed shall thereafter be repaid immediately. CDFA may consider Recipient’s refusal to repay the requested disbursed amount a contract breach subject to the default provisions in Suspension of Payments Provision. If CDFA notifies Recipient of its decision to withhold the entire funding amount from Recipient pursuant to this paragraph, this Agreement shall terminate upon receipt of such notice by Recipient and CDFA shall no longer be required to provide funds under this Agreement and the Agreement shall no longer be binding on either party. In the event CDFA finds it necessary to enforce this provision of this Agreement in the manner provided by law, Recipient agrees to pay all costs incurred by CDFA including, but not limited to, reasonable attorneys’ fees, legal expenses, and costs.
Breach Provisions. The Covered Entity is expected to fully and timely comply with all provisions contained in this CAP.
Breach Provisions. NYP is expected to fully and timely comply with all provisions of its CAP obligations.
Breach Provisions. CHCS is expected to fully and timely comply with all provisions contained in this CAP.
Breach Provisions. The FMCNA Covered Entities are expected to fully and timely comply with all provisions contained in this CAP.
Breach Provisions. UM is expected to fully and timely comply with all provisions contained in this CAP.
Breach Provisions. 17.1 Save as provided in clause 8 supra, should either of the PARTIES commit a breach of any of the provisions of the AGREEMENT which are applicable to it, , then and in such event the aggrieved PARTY shall be obliged to afford the guilty PARTY a period of 14 (fourteen) days’ written notice (calculated from the date of receipt thereof) within which to remedy the breach, failing which the aggrieved PARTY shall then be entitled at its sole and absolute discretion, subject to 17.2 infra, to cancel the AGREEMENT and claim damages, alternatively to abide thereby and claim damages without prejudice to any other rights then vested in the aggrieved PARTY in law.
17.2 Notwithstanding anything to the contrary in 17.1 supra, the aggrieved PARTY shall only be entitled to cancel the agreement if the breach is of a material nature and strikes at the roots of the AGREEMENT and cannot otherwise be reasonably remedied by monetary compensation, alternatively if such compensation is claimed and not paid.
Breach Provisions. Xxxxxxxx Xxxx MD & Associates is expected to fully and timely comply with all provisions contained in this CAP.
Breach Provisions. FIMR is expected to comply fully and timely with all provisions contained in this CAP.
Breach Provisions. The Provider shall give the Council thirteen (13) weeks’ written notice of its intention to;
