Common use of Default and Early Termination Clause in Contracts

Default and Early Termination. If either party should fail to perform or be in breach of any of the terms, conditions, agreements, covenants, representations or warranties contained in this Agreement, or anticipatorily breach this Agreement, and such default is not curable, or if such default is curable but remains uncured for a period of 30 days after written notice thereof has been given to the defaulting party, the other party, at its sole election, may immediately terminate this Agreement by written notice thereof to the defaulting party. In the event of an early termination, the parties shall proceed in a commercially reasonable manner and in good faith to facilitate a professional separation. In the event of an early termination due to a breach by Komen Affiliate, Komen Affiliate shall be entitled to all donations due under this Agreement up to the date of termination; provided, however, that, in the event of a Flat Donation, Komen Affiliate shall be entitled to a pro-rated portion of the Flat Donation if (i) the Event was promoted prior to the date of termination, or (ii) the Flat Donation was publically disclosed prior to the date of termination. In the event of an early termination due to a breach by Third Party, Komen Affiliate shall be entitled to all donations due under this Agreement up to the date of termination, including, but not limited to, the full guaranteed minimum donation or full flat donation, as the case may be. The provisions of this Section 11 shall not preclude the parties from seeking any other remedies available to them under this Agreement and applicable law.

Default and Early Termination. If either party Establishment or Komen should fail to perform or be in breach of any of the terms, conditions, agreements, covenants, representations or warranties contained in this Agreement, or anticipatorily breach this Agreement, and such default is not curable, or if such default is curable but remains uncured for a period of 30 days after written notice thereof has been given to the defaulting party, the other party, at its sole election, may immediately terminate this Agreement by written notice thereof to the defaulting party. In the event of an early termination, the parties shall will proceed in a commercially reasonable manner and in good faith to facilitate a professional separation. In the event of an early termination due to a breach by Komen AffiliateXxxxx, Komen Affiliate shall Xxxxx will be entitled to all donations due under this Agreement up to the date of termination; provided, however, that, in the event of a Flat Donationflat donation, Komen Affiliate shall will be entitled to a pro-rated portion of the Flat Donation flat donation if (i) the Event was promoted prior to the date of termination, or (ii) the Flat Donation flat donation was publically disclosed prior to the date of termination. In the event of an early termination due to a breach by Third PartyEstablishment, Komen Affiliate shall will be entitled to all donations due under this Agreement up to the date of termination, including, but not limited to, the full guaranteed minimum donation or full flat donation, as the case may bebe applicable. The provisions of this Section 11 shall will not preclude the parties from seeking any other remedies available to them under this Agreement and applicable law.

Default and Early Termination. If either party should fail to perform or be in breach of any of the terms, conditions, agreements, covenants, representations or warranties contained in this Agreement, or anticipatorily breach this Agreement, and such default is not curable, or if such default is curable but remains uncured for a period of 30 days after written notice thereof has been given to the defaulting party, the other party, at its sole election, may immediately terminate this Agreement by written notice thereof to the defaulting party. In the event of an early termination, the parties shall proceed in a commercially reasonable manner and in good faith to facilitate a professional separation. In the event of an early termination due to a breach by Komen AffiliateKomen, Komen Affiliate shall be entitled to all donations due under this Agreement up to the date of termination; provided, however, that, in the event of a Flat Donationflat donation, Komen Affiliate shall be entitled to a pro-rated portion of the Flat Donation flat donation if (i) the Event was promoted prior to the date of termination, or (ii) the Flat Donation flat donation was publically publicly disclosed prior to the date of termination. In the event of an early termination due to a breach by Third Party, Komen Affiliate shall be entitled to all donations due under this Agreement up to the date of termination, including, but not limited to, the full guaranteed minimum donation or full flat donation, as the case may be. The provisions of this Section 11 10 shall not preclude the parties from seeking any other remedies available to them under this Agreement and applicable law.

Default and Early Termination. If either party should fail to perform or be in breach of any of the terms, conditions, agreements, covenants, representations or warranties contained in this Agreement, or anticipatorily breach this Agreement, and such default is not curable, or if such default is curable but remains uncured for a period of 30 days after written notice thereof has been given to the defaulting party, the other party, at its sole election, may immediately terminate this Agreement by written notice thereof to the defaulting party. In the event of an early termination, the parties shall proceed in a commercially reasonable manner and in good faith to facilitate a professional separation. In the event of an early termination due to a breach by Komen AffiliateXxxxx, Komen Affiliate shall be entitled to all donations due under this Agreement up to the date of termination; provided, however, that, in the event of a Flat Donationflat donation, Komen Affiliate shall be entitled to a pro-rated portion of the Flat Donation flat donation if (i) the Event was promoted prior to the date of termination, or (ii) the Flat Donation flat donation was publically publicly disclosed prior to the date of termination. In the event of an early termination due to a breach by Third Party, Komen Affiliate shall be entitled to all donations due under this Agreement up to the date of termination, including, but not limited to, the full guaranteed minimum donation or full flat donation, as the case may be. The provisions of this Section 11 10 shall not preclude the parties from seeking any other remedies available to them under this Agreement and applicable law.

Default and Early Termination. If either party should fail to perform or be in breach of any of the terms, conditions, agreements, covenants, representations or warranties contained in this Agreement, or anticipatorily breach this Agreement, and such default is not curable, or if such default is curable but remains uncured for a period of 30 days after written notice thereof has been given to the defaulting party, the other party, at its sole election, may immediately terminate this Agreement by written notice thereof to the defaulting party. In the event of an early termination, the parties shall proceed in a commercially reasonable manner and in good faith to facilitate a professional separation. In the event of an early termination due to a breach by Komen Affiliatethe Myocarditis Foundation, Komen Affiliate Myocarditis Foundation shall be entitled to all donations due under this Agreement up to the date of termination; provided, however, that, in the event of a Flat Donation, Komen Affiliate Myocarditis Foundation shall be entitled to a pro-rated portion of the Flat Donation if (i) the Event was promoted prior to the date of termination, termination or (ii) the Flat Donation was publically publicly disclosed prior to the date of termination. In the event of an early termination due to a breach by the Third Party, Komen Affiliate Myocarditis Foundation shall be entitled to all donations due under this Agreement up to the date of termination, including, but not limited to, the full guaranteed minimum donation or full flat donation, as the case may be. The provisions of this Section 11 shall not preclude the parties from seeking any other remedies available to them under this Agreement and applicable law.