Common use of “CURE”/DEFAULT Clause in Contracts

“CURE”/DEFAULT. A. Both Parties will discuss any perceived deficiency in performance and will promptly endeavor to resolve all disputes in good faith. However, if either Party materially fails to perform its duties under this Agreement, the Party claiming default for a cause other than those listed in Section 12.B may terminate this Agreement on 10 (ten) days prior written notice to the other Party. SHIPPER shall be responsible to pay BROKER for any services performed prior to the termination of this Agreement, including shipments scheduled and in transit on the date of termination, if ultimately delivered and invoiced to SHIPPER in accordance with this Agreement.

Appears in 7 contracts

Samples: Broker/Shipper Transportation Agreement, Broker/Shipper Transportation Agreement, Broker/Shipper Transportation Agreement

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“CURE”/DEFAULT. A. Both Parties will discuss any perceived deficiency in performance and will promptly endeavor to resolve all disputes in good faith. However, if either Party materially fails to perform its duties under this Agreement, the Party claiming default for a cause other than those listed in Section 12.B may terminate this Agreement on 10 (ten) days prior written notice to the other Party. SHIPPER shall be responsible to pay BROKER for any services performed prior to the termination of this Agreement, including shipments scheduled and in transit on the date of termination, if ultimately delivered and properly invoiced to SHIPPER in accordance with this AgreementSHIPPER.

Appears in 2 contracts

Samples: Shipper Transportation Agreement, Shipper Transportation Agreement

“CURE”/DEFAULT. A. Both Parties will discuss any perceived deficiency in performance and will promptly endeavor to resolve all disputes in good faith. However, if either Party materially fails to perform its duties under this Agreement, the Party claiming default for a cause other than those listed in Section 12.B section B may terminate this Agreement on 10 (ten) days prior written notice to the other Party. SHIPPER shall be responsible to pay BROKER for any services performed prior to the termination of this Agreement, including shipments scheduled and in transit on the date of termination, if ultimately delivered and invoiced to SHIPPER in accordance with this Agreement.

Appears in 1 contract

Samples: Shipper/Broker Agreement

“CURE”/DEFAULT. A. Both Parties parties will discuss any perceived deficiency in performance and will promptly endeavor to resolve all disputes in good faith. However, if either Party materially fails to perform its duties under this Agreement, the Party party claiming default for a cause other than those listed in Section 12.B may terminate this Agreement on 10 (ten) days prior written notice to the other Party. SHIPPER shall be responsible to pay BROKER FREIGHT FORWARDER for any services performed prior to the termination of this Agreement, including shipments scheduled and in transit on the date of termination, if ultimately delivered and properly invoiced to SHIPPER in accordance with this AgreementSHIPPER.

Appears in 1 contract

Samples: Freight Forwarder Transportation Agreement

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“CURE”/DEFAULT. A. Both Parties will discuss any perceived deficiency in performance and will promptly endeavor to resolve all disputes in good faith. However, if either Party materially fails to perform its duties under this Agreement, the Party claiming default for a cause other than those listed in Section 12.B may terminate this Agreement on 10 (ten) days prior written notice to the other Party. SHIPPER XXXXXXX shall be responsible to pay BROKER for any services performed prior to the termination of this Agreement, including shipments scheduled and in transit on the date of termination, if ultimately delivered and invoiced to SHIPPER in accordance with this Agreement.

Appears in 1 contract

Samples: Broker/Shipper Transportation Agreement

“CURE”/DEFAULT. A. Both Parties will discuss any perceived deficiency in performance and will promptly endeavor to resolve all disputes in good faith. However, if either Party materially fails to perform its duties under this Agreement, the Party claiming default for a cause other than those listed in Section 12.B may terminate this Agreement on 10 (ten) days prior written notice to the other Party. SHIPPER shall be responsible to pay BROKER for any services performed preformed prior to the termination of this Agreement, including shipments scheduled and in transit on the date of termination, if ultimately delivered and properly invoiced to SHIPPER in accordance with this AgreementSHIPPER.

Appears in 1 contract

Samples: Broker Shipper Agreement

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