Breach; Remedies. If either party alleges that the other party has breached any term of this Agreement, that party shall deliver written notice of breach to the party alleged to be in breach in accordance with Paragraph 9 above. Within 30 days following such notice of breach, the party alleged to be in breach shall cure the breach, or under circumstances where the breach cannot reasonably be cured within such 30-day period, shall commence curing such breach as soon as possible within such 30-day period and shall continue diligently to cure such breach until finally cured. In the event of litigation regarding a breach of this Agreement, the parties agree that specific performance is the preferred remedy, provided that such remedy is deemed by a court to meet the standards for an award of specific performance under Idaho law. No waiver of any breach by a party of the terms of this Agreement shall be deemed a waiver of any subsequent breach of the Agreement.
Appears in 6 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement