Corrective Period. In the event of breach: (i) by the Service Provider of its obligation under this Agreement, the Principal shall allow the Service Provider one (1) day (if it happens at least two (2) days before Global Forum) and one (1) hour if its happen later for corrective action or submission of a corrective action plan; (ii) by the Principal of its obligations under this Agreement, the Service Provider shall allow the Principal fourteen (14) days for corrective action or submission of a corrective action plan (the “Corrective Period”). The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, or acceptable corrective action plan provided by the breaching Party, the non- breaching Party shall have the right to terminate the Agreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 10.2 shall not apply with respect to any of the events enumerated in accordance with Clause 10.6. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 10.2 shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 11.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 11.3 of this Agreement.
Appears in 2 contracts
Samples: Insert Agreement, Insert Agreement
Corrective Period. In the event of breach: (i) breach by the Service Provider of its obligation under this Agreement, the Principal shall allow the Service Provider one (1) day (if it happens at least two (2) days before Global Forum) and one (1) hour if its happen later for corrective action or submission of a corrective action plan; (ii) by the Principal either Party of its obligations under this Agreement, the Service Provider non- breaching Party shall allow the Principal fourteen breaching Party seven (147) days for corrective action or submission of a corrective action plan (the “Corrective Period”). The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, or acceptable corrective action plan provided by the breaching Party, the non- non-breaching Party shall have the right to terminate the Agreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 10.2 11.2 of this Agreement shall not apply with respect to any of the events enumerated specified in accordance with Clause 10.611.4 of this Agreement. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 10.2 11.2 of this Agreement shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 11.2 12.2 of this Agreement or to pay Damages incurred by the other Party in accordance with the provisions of Clause 11.3 12.3 of this Agreement. For the sake of clarity, the Corrective Period is not applied in case of material breach under Clause 11.1(b) or Clause 11.1(c), as in these cases the purpose of the Corrective Period is fulfilled by the Cure Period or the term specified in the Ojbection Notice, as the case may be, and their prior application.
Appears in 1 contract
Samples: Agreement
Corrective Period. In the event of breach: (i) breach by the Service Provider of its obligation under this Agreement, the Principal shall allow the Service Provider one (1) day (if it happens at least two (2) days before Global Forum) and one (1) hour if its happen later for corrective action or submission of a corrective action plan; (ii) by the Principal either Party of its obligations under this Agreement, the Service Provider non-breaching Party shall allow the Principal fourteen breaching Party seven (147) days for corrective action or submission of a corrective action plan (the “Corrective Period”). The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, or acceptable corrective action plan provided by the breaching Party, the non- non-breaching Party shall have the right to terminate the Agreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 10.2 12.2 of this Agreement shall not apply with respect to any of the events enumerated listed in accordance with Clause 10.612.3 of this Agreement. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 10.2 12.2 of this Agreement shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 11.2 13.2 of this Agreement or to pay Damages incurred by the other Party in accordance with the provisions of Clause 11.3 13.3 of this Agreement. For the sake of clarity, the Corrective Period is not applied in case of material breach under Clause 12.1(b) or Clause 12.1(c), as in these cases the purpose of the Corrective Period is fulfilled by the Cure Period or the term specified in the Objection Notice, as the case may be, and their prior application.
Appears in 1 contract
Samples: Agreement
Corrective Period. In the event of breach: (i) a material breach by the Service Provider of its obligation under this Agreement, the Principal shall allow the Service Provider one (1) day (if it happens at least two (2) days before Global Forum) and one (1) hour if its happen later for corrective action or submission of a corrective action plan; (ii) by the Principal either Party of its obligations under this Agreement, the Service Provider non-breaching Party shall allow the Principal fourteen breaching Party 10 (14ten) days for the corrective action or submission of a corrective action plan (the “Corrective Period”). The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, or acceptable corrective action plan provided by the breaching Party, the non- non-breaching Party shall have the right to terminate the Agreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 10.2 13.3 shall not apply with respect to any of the events enumerated listed in accordance with Clause 10.613.4. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 10.2 13.3 shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions of Clause 11.2 14.2 or to pay Damages incurred by the other Party in accordance with the provisions of Clause 11.3 14.3. To clarify, the Corrective Period is not applied where the breach of this Agreementthe Agreement is related to Defects and Acceptance procedures as referred to in Clauses 13.2(a) and 13.2(b) as in these cases the purpose of the Corrective Period is fulfilled by the Cure Period and its prior application.
Appears in 1 contract
Samples: Supply Agreement
Corrective Period. In the event of breach: (i) breach by the Service Provider of its obligation under this Agreement, the Principal shall allow the Service Provider one (1) day (if it happens at least two (2) days before Global Forum) and one (1) hour if its happen later for corrective action or submission of a corrective action plan; (ii) by the Principal either Party of its obligations under this Agreement, the Service Provider non- breaching Party shall allow the Principal breaching Party fourteen (14) days for corrective action or submission of a corrective action plan (hereinafter, the “Corrective Period”). The Corrective Period shall be counted from the date of receipt by the breaching Party of a written notice of breach. Should no satisfactory corrective action be taken, taken or acceptable corrective action plan provided by the breaching Party, the non- non-breaching Party shall have the right to terminate the Agreement. It is acknowledged and agreed by the Parties that the provisions of this Clause 10.2 9.2 shall not apply with respect to any of the events enumerated in accordance with Clause 10.69.4. In addition and for the avoidance of any doubt, the application of the Corrective Period under this Clause 10.2 9.2 shall be without prejudice to and shall not relieve either Party from the obligation to pay any contractual penalty in accordance with the provisions theprovisions of Clause 11.2 10.2 or to pay Damages incurred by the other Party in accordance with the provisions theprovisions of Clause 11.3 of this Agreement10.3.
Appears in 1 contract
Samples: Insert Agreement