Cure Provision Clause Samples
A Cure Provision is a contractual clause that allows a party who has breached the agreement to correct, or "cure," the breach within a specified period after receiving notice of the issue. Typically, the non-breaching party must notify the breaching party in writing, after which the breaching party is given a set number of days to remedy the problem, such as late payment or failure to deliver goods. This clause serves to prevent immediate termination of the contract for minor or remediable breaches, promoting fairness and giving parties an opportunity to maintain the business relationship by resolving issues before more severe consequences are imposed.
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Cure Provision. As a condition precedent to any assertion that the Owner or Administrator is in default in performing any obligation under this Agreement or is in breach of any provision under this Agreement, either party shall advise the other thereof in detail and in writing, and the party receiving such notice shall be allowed a period of thirty (30) days after receipt of such written notice within which to cure such alleged default or breach. Notwithstanding any contrary provisions elsewhere in this Agreement, but subject to the above paragraph set out in this paragraph 12.16, if the Administrator commits a material breach of this Agreement, fails to account or render payments as required pursuant to section 5.01, and such failure continues beyond the thirty (30) day cure period set forth in this Section 12.16, then Owner shall thereupon have the right to terminate the term of this Agreement by written instrument to the Administrator.
Cure Provision. You and we intend for both of us to have the right to arbitrate disputes on an individual basis as set forth above. In the event that a court finds any reason to invalidate or refuse to enforce this Arbitration Agreement, the party aggrieved by that decision shall have the right to take unilateral action to eliminate the basis for the court’s decision, such as by waiving any right or remedy it has under this Agreement or agreeing to additional fee or cost shifting. This cure right may be exercised during briefing of a motion to compel arbitration, during oral argument, or in a renewed motion to compel arbitration. If a renewed motion is filed, you and we agree that the exercise of cure rights hereunder shall constitute new facts permitting such a renewed motion.
Cure Provision. If any default, other than a default in payment is curable and if Borrower has not been given notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within twenty (20) days; or (2) if the cure requires more than twenty (20) days, immediately initiates steps which Lender deems in Lender’s sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
Cure Provision. As a condition precedent to any assertion that the MANAGER or ARTIST is in default in performing any obligation under this Agreement or is in breach of any provision under this Agreement, either party shall advise the other thereof in detail and in writing, and the party receiving such notice shall be allowed a period of thirty (30) days after receipt of such written notice within which to cure such alleged default or breach. Notwithstanding any contrary provisions elsewhere in this Agreement, if the MANAGER fails to account or render payments as required pursuant to Section 7.01, and such failure continues beyond the thirty (30) day cure period set forth in this Section 9.03, then ARTIST shall thereupon have the right to terminate this Agreement by written instrument to the MANAGER. ARTIST will also be entitled to terminate this Agreement in the event of: (i) MANAGER’s filing for, or being petitioned into, bankruptcy or receivership; (ii) or MANAGER’s fraud as adjudicated by a court of competent jurisdiction pursuant to a final non-appealable judgement. In the event of termination pursuant to subsection (ii) only of this paragraph, MANAGER’s right to receive Commissions pursuant to Paragraph 5.02 shall be rescinded.
Cure Provision. In reference to Termination for Default, the Commonwealth shall notify the contractor in writing at least 30 days prior to the proposed termination date of the default. Such written notice shall specifically state the reason of the intention to terminate. The contractor shall have 30 days in which to cure the default, unless such cure period is extended by agreement of the parties. If the default is not cured to the satisfaction of the Commonwealth within the 30 day cure period or any extension thereof, the contract shall be considered terminated at close of business on the 30th day or any agreed upon extension.
Cure Provision. The infringing party will have 30 days to cure or resolve a problem before mediation or legal action can be taken.
Cure Provision. In the event one party is in breach of this Agreement, upon notice of that breach to be sent in duplicate by hand, overnight courier or certified mail, return receipt requested, to its Key Contact and Executive Contact, the party shall have thirty (30) days from receipt to cure its breach in all material respects. In the event the breaching party fails to cure that breach within that time period, the non-breaching party shall have the right to immediately terminate this Agreement on written notice.
Cure Provision. Provided that the following shall not apply to any default of Guarantor arising under Sections 8.1(g), (h) or (i) of the Credit Agreement, a default hereunder may be cured if Guarantor delivers to the Administrative Agent (for the benefit of Lenders) within ten (10) days of such default, cash collateral (to be deposited with the Administrative Agent and subject to a first priority security interest in favor of the Administrative Agent) and/or letters of credit (in form and substance satisfactory to the Administrative Agent), to collateralize this Guarantee Agreement in an amount equal to Guarantor’s Obligations.
Cure Provision. No Parent Party, on the one hand, nor the Company, on the other hand, may elect to not complete the transactions contemplated hereby as the result of the failure of any condition set forth in Section 8.1, Section 8.2 or Section 8.3 or terminate this Agreement pursuant to Section 9.1(c)(ii) or Section 9.1(d)(iii), and no payments shall be payable as a result of any such termination pursuant to Section 9.2, unless the Party intending to rely thereon has delivered a written notice to the other Party specifying in reasonable detail all breaches of covenants, inaccuracies of representations and warranties or other matters which the Party delivering such notice is asserting as the basis for the non-fulfillment of the applicable condition or the availability of a termination right, as the case may be. If any such notice is delivered with respect to a matter that is capable of being cured, provided that a Party is proceeding diligently to cure such matter, no Party may terminate this Agreement unless such matter remains uncured as of the earlier of (i) the tenth (10th) Business Day following the date of receipt of such notice; and (ii) the Outside Date. If such notice has been delivered by the Company prior to the date of the Company Meeting, the Company may elect to postpone the Company Meeting until the expiry of such period (without causing a breach of any other provisions contained herein).
Cure Provision. In the event P.R.O. shall have cause to believe Distributor has violated a term or condition of this Agreement, P.R.O. will submit in writing to Distributor notification that Distributor is not in good standing. Distributor will have sixty (60) days to respond and cure any problems, issues, grievances or non-compliance stated by P.R.O.
