Causes of Breach Sample Clauses
Causes of Breach. For purposes of Section 18.1 above, the term "breach" ---------------- includes without limitation any:
Causes of Breach. For purposes of Section 23.1 above, the term “breach” includes without limitation any of the following:
23.2.1 A proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against a party; D&K Supply Agreement Final D&K Confidential Date Printed: 6/1/2017
23.2.2 Appointment, with or without a party’s consent, of a receiver or an assignee for the benefit of creditors;
23.2.3 Other failure by a party to comply with any material provision of this Agreement;
23.2.4 Failure to provide the non-breaching party, upon request, with reasonable assurances of future performance.
Causes of Breach. For purposes of this Agreement, the term “Breach” includes any:
a) proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against a Party;
b) appointment, with or without a Party’s consent, of a receiver or an assignee of a Party for the benefit of creditors;
c) other failure by a Party to comply with any material provision of this Agreement with additional failure to provide the non-breaching Party, upon request, with reasonable assurances of future performance.
Causes of Breach. For purposes of Section 18.1 above, the term "breach" includes without limitation any:
(1) Proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against a party; Philips Confidential
(2) Appointment, with or without a party's consent, of a receiver or an assignee for the benefit of creditors;
(3) Failure by Supplier to make a delivery of OEM Products in accordance with the requirements of this Agreement or any Order;
(4) Failure by Supplier to replace or repair Noncomplying Products in a timely manner as required by Article 5 above; or
(5) Other failure by a party to comply with any material provision of this Agreement with additional failure to provide the non-breaching party, upon request, with reasonable assurances of future performance.
Causes of Breach. For purposes of Paragraph 13.1, above, the term "breach" includes, without limitation, any:
(a) proceeding whether voluntary or involuntary in bankruptcy or insolvency by or against a Party;
(b) appointment with or without a Party's consent of a receiver or an assignee for the benefit of creditors;
(c) proceeding for reorganization under any federal or state insolvency or bankruptcy law; any involuntary proceeding, appointment or proceeding under (a), (b) or (c) shall not be a breach if dismissed within sixty (60) days;
(d) material and repeated failure by KUKA to make a delivery of a Product in accordance with the requirements of this Agreement or any Purchase Order;
(e) failure by KUKA to replace or repair Non-conforming Products in a timely manner as required by Section 5, above; or
(f) other failure by a Party to comply with any material provision of this Agreement with additional failure to provide the non-breaching Party, upon request, with reasonable assurances of future performance. Termination of the Agreement, for any or no reason shall not relieve ACCURAY of any of its payment obligations hereunder or KUKA of any of its delivery obligations under accepted purchase orders, unless the cause of the termination is ACCURAY's inability to pay.
Causes of Breach. For purposes of Section 14.3.1 above, "breach" ---------------- includes, without limitation, any:
(1) Proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against a Party; or the inability to pay debts as they become due (except those contested in good faith);
(2) Appointment, with or without the other Party's consent, of a receiver or an assignee for the benefit of creditors;
(3) Failure by ODM to deliver the Products in accordance with the requirements of this Agreement or any Purchase Order, not as a result of force majeure;
(4) Failure by ODM to replace or repair Defective Products in a timely manner as required by Article 9;
(5) Failure by EMACHINES to make its payments in accordance with Article 5; or
(6) Any other failure by a Party to comply with any material provision of this Agreement with additional failure to provide the non-breaching party, upon request, with reasonable assurances of future performance.
Causes of Breach. For purposes of Section 18.1 above, the term "breach" includes without limitation any:
(1) Proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against a party;
(2) Appointment, with or without a party's consent, of a receiver or an assignee for the benefit of creditors;
(3) Failure by Supplier to make a delivery of OEM Products in accordance with the requirements of this Agreement or any Order;
(4) Failure by Supplier to replace or repair Noncomplying Products in a timely manner as required by Article 5 above; or
(5) Other failure by a party to comply with any material provision of this Agreement with additional failure to provide the nonbreaching party, upon written request, with reasonable assurances of future performance. * CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. BROCADE/HP CONFIDENTIAL
Causes of Breach. For purposes of Section 19.1 above, the term "breach" includes without limitation any:
a. Proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against a party;
b. Appointment, with or without a party's consent, of a receiver or an assignee for the benefit of creditors;
c. Other failure by a party to comply with any material provision of this Agreement with additional failure to provide the nonbreaching party, upon request, with reasonable assurances of future performance, including but not limited to Supplier supplying to Agilent required quantities of quality product in a timely manner over time. For the three-month period commencing with the date of the first market release of the first OEM Product, Supplier will have three months to fully comply with the terms of sections 8, 9, or 10, during which time the Supplier shall make its best efforts to correct the potential breach.
d. Failure of Supplier to meet all conditions listed in Section 4.1(b) within two years of the Effective Date of this Agreement.
e. A material change in Supplier's corporate structure or ownership to which Agilent has a reasonable objection.
Causes of Breach. For purposes of Section 18.1 above, the term "breach" includes without limitation any:
(1) Proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against a party;
(2) Appointment, with or without a party's consent, of a receiver or an assignee for the benefit of creditors;
(3) Failure by ION Networks, Inc. to make a delivery of OEM Products in accordance with the requirements of this Agreement or any Order;
(4) Failure by ION Networks, Inc. to replace or repair Noncomplying Products in a timely manner as required by Article 5 above; or
(5) Other failure by a party to comply with any material provision of this Agreement with additional failure to provide the nonbreaching party, upon request, with reasonable assurances of future performance.
Causes of Breach. For purposes of Section 19.1 above, the term "breach" shall include without limitation any:
(a) Proceeding, whether voluntary or involuntary, in bankruptcy or insolvency by or against a party;
(b) Appointment, with or without a party's consent, of a receiver or an assignee for the benefit of creditors;
(c) Failure by Supplier to make a delivery of OEM Products in accordance with the requirements of this Agreement or any Order;
(d) Failure by Supplier to replace or repair OEM Products not complying with the product warranty in Section 10.1 in a timely manner as required thereby;
(e) Failure by Supplier to perform its support obligations as required by Section 11 above;
(f) Failure by ********* to pay for the OEM Products when due as provided herein; or
(g) Other failure by a party to comply with any material provision of this Agreement (including any exhibit hereto) with additional failure to provide the nonbreaching party, upon request, with reasonable assurances of future performance.