Cure Notice. 1. If the County determines that a breach of contract has occurred, that is, the Consultant has failed to comply with any material terms or conditions of this Agreement or Work Order or the Consultant has failed to provide in any manner the Work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply:
a. The County will provide the Consultant with a Cure notice; thereby notifying the Consultant in writing of the nature of the breach;
b. Unless a longer period is provided by the County, the Consultant shall respond in writing within three (3) business days of its receipt of such notification, which response shall include a corrective action plan indicating the steps to be taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the contract into compliance within the number of calendar days specified by the County;
c. The County will notify the Consultant in writing of the County's determination as to the sufficiency of the Consultant's corrective action plan. The determination of sufficiency of the Consultant's corrective action plan shall be at the sole discretion of the County;
d. In the event that the Consultant does not respond within the appropriate time with a corrective action plan, or the Consultant’s corrective action plan is determined by the County to be insufficient, the County may commence termination of this contract in whole or in part;
e. The County may withhold any payment owed the Consultant and/or instruct the Consultant to refrain from incurring additional costs until the County is satisfied that corrective action has been taken or completed;
f. No increase in Total Price, Period of Performance, or Fixed Fee shall result from this provision; and
g. Nothing herein shall be deemed to affect or waive any other rights of the County.
Cure Notice. “Cure Notice” shall have the meaning set forth in Section 20.3.3 below.
Cure Notice. If the Land Holder breaches any term of this Connection Agreement, then without prejudice to any other rights the Water Entity may have under this agreement or otherwise:
(a) the Water Entity may give the Land Holder a “cure notice”; and
(b) the Land Holder must remedy the breach within the “cure period” stated in the cure notice.
Cure Notice. If the Customer breaches any term of this Irrigation Right, then without prejudice to any other rights the Water Entity may have under this agreement or otherwise:
(a) the Water Entity may give the Customer (and any other party with a registered interest in this Irrigation Right) a “cure notice”; and
(b) the Customer must remedy the breach within the “cure period” stated in the cure notice.
Cure Notice. The Debtors shall, within five (5) days after the entry of the Bidding Procedures Order on the docket of the Bankruptcy Court, serve on all non-Debtor parties to the Assumed Agreements and agreements the Sellers believe might reasonably be Additional Assumed Agreements (as defined below), a Cure Notice substantially in the form annexed to the Motion as Exhibit E specifying the cure amount necessary to assume each such agreement (the "Cure Amount") and the Debtors' intention <PAGE> 8 to assume and assign the Assumed Agreements to the Buyer. Each non-Debtor party to the Assumed Agreements and the Additional Assumed Agreements shall have until the date that is five (5) days prior to the date of the Sale Hearing (or _______________, 2003) (the "Cure Objection Deadline") to file and serve on the parties listed in paragraph 3 an objection to the Cure Amount and must state with specificity in its objection what alleged Cure Amount or other cure is required (with appropriate documentation in support thereof) and, in the case of each Assumed Agreement, the basis for any objection to assumption or assignment. If no objection is timely received, the Cure Amount set forth in the Debtors' Cure Notice shall be controlling, notwithstanding anything to the contrary in any Assumed Agreement, Additional Assumed Agreement or any other document, and the non-Debtor party to the Assumed Agreement or Additional Assumed Agreement shall be forever barred from asserting any other claims against the Debtors, the Buyers, or the property of any of them, in respect of such Assumed Agreement or Additional Assumed Agreement; (d)
Cure Notice. For so long as the Investors or their Affiliates hold any shares of Series A Preferred Stock, the Company shall provide prompt written notice to the Investors if the Company has been notified by its principal financial officer (or another senior executive officer of the Company) that a default of any Company Debt Agreement is reasonably likely to occur (or has occurred), including an estimate of the applicable amount (the “Cure Amount”) that may be needed to cure such possible default (such notice, the “Breach Notice”). The Company shall use reasonable best efforts to deliver such Breach Notice no later than ten Business Days prior to the date the Company is required to deliver a cure notice to the administrative agent under the applicable Company Debt Agreement.
Cure Notice. Lessor shall provide a detailed notice ( the "Cure Notice") to Lessee including (i) the specific areas in which quality fails to meet the Standard of Management, (ii) the specific failures, and (iii) what must be done to reasonably cure such failures. After delivery of the Cure Notice, Lessor shall provide Lessee a reasonable opportunity to improve such deficiency described in the Cure Notice. For purposes of this subsection a “reasonable opportunity” shall mean the least amount of time reasonably required by a competent, experienced farm manager to remedy the deficiency, not to extend beyond the conclusion of the Crop Year then in effect or the succeeding Crop Year if Lessor’s notice is provided within the last ninety (90) days of a Crop Year, provided that immediately upon receipt the Cure Notice, Lessee shall commence and continue with due diligence to cure and improve the deficiency noted.
Cure Notice. Either Party may provide a Notice to Cure Default, therein specifying the acts or omissions constituting the alleged default, and demanding that the default be cured within ten (10) days, to the other Party. If the default remains uncured, termination for cause shall be effective, without further notice, at the end of the default cure period.
Cure Notice. If the Customer breaches any term of this Zoned Flow Delivery Right, then without prejudice to any other rights the Water Entity may have under this agreement or otherwise:
(a) the Water Entity may give the Customer (and any other party with a registered interest in this Zoned Flow Delivery Right) a “cure notice”; and
(b) the Customer must remedy the breach within the “cure period” stated in the cure notice.
Cure Notice. In the event the Borrower Representative desires to cure a Financial Covenant Default, the Borrower Representative shall deliver to the Term Agent irrevocable written notice of its intent to cure (a “Cure Notice”) no later than one (1) Business Day after the date on which financial statements and a Compliance Certificate as of and for the period ending on the last day of the Fiscal Quarter as of which such Financial Covenant Default occurred (the “Testing Date”) are required to be delivered; provided, however, that in no event shall the Borrower Representative be permitted to exercise Equity Cure Rights hereunder (x) more than four (4) times during the term of this Agreement or (y) more than two (2) times during any four (4) consecutive Fiscal Quarters. For the avoidance of doubt, to the extent that the Borrower Representative exercises the Equity Cure Right, no Loan Party or Subsidiary thereof shall be permitted to make cash payments in respect of the Second Lien Term Loan Agreement or to incur any new Indebtedness, and/or to make any Restricted Payments pursuant to Sections 5.10(e) or (f) or Investments pursuant to Section 5.4(i) for the subsequent twelve (12) calendar months.
