Default by Licensor Sample Clauses

Default by Licensor. If Licensor fails to perform any of its material obligations under this Agreement and such failure continues for more than thirty (30) days after the written notice thereof, such failure shall constitute a failure by Licensor under this Agreement, unless the failure cannot be cured within such thirty (30) day-period and Licensor shall have commenced to cure such failure and proceeds diligently thereafter to cure such failure.

Default by Licensor. Licensor shall not be liable to Licensee if Licensor is unable to fulfill any of its obligations under this License, if Licensor is prevented, delayed, or curtailed from so doing by reason of any cause beyond Licensor’s reasonable control. Licensor shall not be in default unless Licensor fails to perform obligations required of Licensor within a reasonable time, but in no event later than thirty (30) days after written notice by Licensee to Licensor, specifying Licensor’s failure to perform such obligation; provided, however, that if the nature of Licensor’s obligation is such that more than thirty (30) days are required for performance, then Licensor shall not be in default if Licensor commences performance within such thirty (30) day period and thereafter diligently prosecutes its efforts to satisfy such obligation.

Default by Licensor. If the Licensor fails or refuses to make the Facilities and/or the Authorized Areas available to the Licensee on the dates set forth in this Agreement for any reason other than those specified in Section 8.4 and 8.10 above, then, in addition to any claims, rights or remedies the Licensee may have, the Licensor shall return to the Licensee all monies paid to the Licensor along with interest on those monies at the rate of eighteen percent (18%) per annum from the date the monies were remitted to the Licensor.

Default by Licensor. Licensor shall not be in default under this Agreement unless Licensor fails to perform obligations required of Licensor within thirty (30) days after written notice by Licensee to Licensor, specifying wherein Licensor has failed to perform such obligation; provided, however, that if the nature of Licensor’s obligation is such that more than thirty (30) days are required for its cure, then Licensor shall not be in default if Licensor commences performance within such thirty (30) day period and thereafter diligently pursues the same to completion. Licensee hereby waives its right to recover consequential damages (including, but not limited to, lost profits) or punitive damages arising out of a Licensor default.

Default by Licensor. If Licensor should at any time default in any intended obligation of this Agreement, Licensee may terminate this Agreement upon giving sixty (60) days written notice of termination to Licensor, during which term Licensor shall have the opportunity to cure the default.

Default by Licensor. In the event that Licensor fails to perform or observe any of the covenants, conditions or obligations in this Agreement, Licensee shall provide Licensor with written notice specifying the failure with particularity, and Licensor shall have at least ten (10) business days from its receipt of such written notice to cure such failure. If such failure is not cured within such ten (10) business day period, Licensee's sole and exclusive remedy shall be to seek an action for actual damages (but not special, incidental, consequential, punitive, or exemplary damages or lost profits) in an amount not to exceed the License Fee paid to Licensor hereunder, together with reasonable attorney's fees and court costs.

Default by Licensor. No default by LICENSOR hereunder shall constitute an eviction or disturbance of LICENSEE's use and possession of the Licensed Space or render LICENSOR liable for damages or entitle LICENSEE to be relieved from any of LICENSEE's obligations hereunder (including the obligation to pay the license fee) or grant LICENSEE any right of deduction, abatement, set-off, or recoupment or entitle LICENSEE to take any action whatsoever with regard to the Licensed Space or LICENSOR until twenty days after LICENSEE has given LICENSOR written notice specifically setting forth such default by LICENSOR, and LICENSOR has failed to cure such default within said twenty day period, or in the event such default cannot reasonably be cured within said twenty day period then within an additional reasonable period of time so long as LICENSOR has commenced curative action within said twenty day period and thereafter is diligently attempting to cure such default. In the event that LICENSOR fails to cure such default within said twenty day period, or within said additional reasonable period of time, LICENSEE shall have the right to proceed to cure such default and deduct the cost of curing same, plus interest thereon at the rate of ten percent (10%) per annum, from the next succeeding licensee fee installment(s) owed by LICENSEE to LICENSOR hereunder.

Default by Licensor. Licensor shall not be in default under this Agreement unless Licensor fails to perform obligations required of Licensor within thirty (30) days after written notice by Licensee to Licensor specifying wherein Licensor has failed to perform such obligation; provided, however, that if the nature of Licensor’s obligation is such that more than thirty (30) days are required for its cure, then Licensor shall not be in default if Licensor commences performance within such thirty (30) day period and thereafter diligently pursues the same to completion.

Default by Licensor. If there occurs an Event of Default with respect to LICENSOR, LICENSEE may: (a) seek damages; and/or (b) seek an injunction or an order for mandatory or specific performance; and/or (c) terminate this Agreement and the licenses granted to LICENSEE hereunder whereupon LICENSEE shall have no further obligations under this Agreement except those which expressly survive termination, and except with respect to royalty payments due and owing as of the termination date or any subsequent period specified in Section 10.4. 12CONFIDENTIALITY.

Default by Licensor. In the event Licensor fails to perform or comply with any provision of this Agreement within twenty (20) days of Licensee's written notice to Licensor of its failure to perform or comply with any other provision of this Agreement, Licensee may terminate the License for the subject Space for which nonperformance or noncompliance has occurred. If Licensor is unable to cure within the prescribed twenty (20) days or if the nonperformance or noncompliance is of a nature that cannot be cured within twenty (20) days, Licensor shall so notify Licensee and Licensee shall give Licensor a reasonable amount of time to cure such nonperformance or noncompliance. If Licensor fails to cure within a reasonable amount of time, Licensee may terminate the License for the applicable Space. Upon receipt of a Lease Default Notice which Licensee reasonably believes will result in a termination of Licensor's lease within thirty (30) days thereafter, Licensee may immediately notify Licensor of its intention to terminate the License for the Space covered by such notice and unless Licensor provides evidence in support of the lease continuing beyond such 30 day period within five (5) days after receipt of such notice, the Licensee may immediately terminate the License with respect to such Space. Licensor shall in any event remain fully liable for damages as provided by law and or all costs and expenses incurred by Licensee on account of any default, including reasonable attorneys' fees, subject to the limitation of liability set forth in Section 12. Licensor's obligation to pay all fees and charges that have been accrued shall survive any termination of any License.