Common use of Cure Determination Clause in Contracts

Cure Determination. If ARB agrees with the demonstration of compliance, ARB shall issue a written determination of compliance and shall cause the funds on deposit plus any interest accrued to be returned to the Individual Participating Airline within ninety (90) days. If ARB finds that the Individual Participating Airline failed to cure any non-compliance (“Cure Determination”), ARB shall so notify the Individual Participating Airline in writing within thirty (30) days. If ARB determines that an Individual Participating Airline came into partial compliance with any 2010 Goals, ARB shall assess the amount of liquidated damages based on such partial compliance. If ARB determines that an Individual Participating Airline failed to come into compliance with the 2010 Goals, the funds on deposit plus any interest accrued during the cure period shall revert to the ARB in the form of liquidated damages as assessed in the final written compliance determination subject to the limited dispute resolution provisions. ARB may, for good cause including partial curing, waive or reduce the liquidated damages otherwise payable under this MOU.‌‌‌

Cure Determination. If ARB agrees with the demonstration of compliance, ARB shall issue a written determination of compliance and shall cause the funds on deposit plus any interest accrued to be returned to the Individual Participating Airline within ninety (90) days. If ARB finds that the Individual Participating Airline failed to cure any non-compliance (“Cure Determination”), ARB shall so notify the Individual Participating Airline in writing within thirty (30) days. If ARB determines that an Individual Participating Airline came into partial compliance with any 2010 Interim 2007 Goals, ARB shall assess the amount of liquidated damages based on such partial compliance. If ARB determines that an Individual Participating Airline failed to come into compliance with the 2010 2007 Interim MOU Goals, the funds on deposit plus any interest accrued during the cure period shall revert to the ARB in the form of liquidated damages as assessed in the final written compliance determination subject to the limited dispute resolution provisions. ARB may, for good cause including partial curing, waive or reduce the liquidated damages otherwise payable under this MOU.‌‌‌MOU.‌‌‌‌