Default; Cure. The failure of either Party to fulfill its obligations to perform in accordance with the terms of this Agreement shall constitute a breach of this Agreement. The non- breaching Party shall thereupon have the right to terminate this Agreement for cause by giving written notice to the other Party of its intent to terminate, and at least thirty (30) days’ opportunity to cure the default or show cause why termination is not otherwise appropriate; provided, however that such breaching Party shall not be in default under this Agreement if it has promptly commenced a cure of such nonperformance and is diligently pursuing the same. Any finding of nonperformance and failure to cure under this Paragraph shall be referred for dispute resolution as provided for in Paragraph 3 of this Section IV prior to any termination becoming effective.
Default; Cure. If a party is in default of any obligations under this Agreement, the non-defaulting party may give written notice of such default to that party. After notice is provided, the party in default shall have thirty (30) days to cure any defaults arising from any failure to make any royalty payment pursuant to this Agreement, and sixty (60) days to cure any other defaults. If such default is not cured within the applicable thirty (30) days or sixty (60) days after the date of such notice, then the non-defaulting party shall have the option to terminate this Agreement after providing notice of such termination to the party in default.
Default; Cure. In the event that Consultant is in default under the terms of this Agreement, the District shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the District may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively fifteen (15) days, but may be extended by mutual written agreement, if circumstances warrant. During the period of time that Consultant is in default, the District shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the District may take necessary steps to terminate this Agreement pursuant to the terms thereof.
Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
Default; Cure. The following shall constitute defaults by a Party:
9.1.1 A breach of a material provision of this Agreement, whether by action or inaction of a Party that continues and is not remedied within 60 days after the other Party has given notice specifying the breach—provided that if the nonbreaching Party determines that such breach cannot with due diligence be cured within a period of 60 days—the nonbreaching Party may allow the breaching Party a longer period of time to cure the breach and, in such event, the breach shall not constitute a default so long as the breaching Party diligently proceeds to effect a cure, and the cure is accomplished within the longer period of time granted by the nonbreaching Party; or
9.1.2 Any assignment by a Party for the benefit of creditors, or adjudication as a bankruptcy, or appointment of a receiver, trustee, or creditor's committee over a Party.
Default; Cure. In the event either party shall default under any obligation of such party hereunder, the non-defaulting party shall provide the defaulting party with notice thereof and the defaulting party shall have thirty (30) days from the date of such notice to cure any such default that is capable of cure within said period, failing which the non-defaulting party shall have the right to terminate this Agreement from and after the 31st day following the date of the notice of default. Notwithstanding the foregoing, in the event of a payment default the period to cure such default shall be ten (10) business days. Notice of a default shall be a condition precedent to any termination of this Agreement by reason thereof.
Default; Cure. Default consists of a breach of a material provision of this Agreement, whether by action or inaction of a Party, other than failure of any Party to make contributions for a roundabout as required by this Agreement, that continues and is not remedied within 60 days after the other Party another Party has given written notice specifying the breach—provided that, if the nonbreaching Party determines that such breach cannot with due diligence be cured within a period of 60 days—the nonbreaching Party may allow the breaching Party a longer period of time to cure the breach and, in such event, the breach shall not constitute a default so long as the breaching Party diligently proceeds to effect a cure, and the cure is accomplished within the longer period of time granted by the nonbreaching Party.
a. If a Party fails to make contributions as required by this Agreement for a roundabout for which it is obligated to make payment, the City may take any of the following actions: seek repayment from any nonpaying Party for services already performed or expenses incurred, and any other remedy legally available, including a suit for damages or specific performance.
Default; Cure. A default by either of the Districts under this Interlocal Agreement shall entitle the other District to all remedies available at law or in equity, which may include, but not be limited to, damages, injunctive relief and specific performance. Except as otherwise provided in Section 9, each of the parties hereto shall give the other party written notice of any defaults hereunder and shall allow the defaulting party not less than fourteen (14) days from the date of receipt of such notice to cure monetary defaults and thirty (30) days to cure other defaults.
Default; Cure. In no event shall Licensee be deemed to be in breach of this Agreement, unless Licensee fails to cure such breach within thirty (30) days after receipt of written notice from Licensor of such breach (or ten (10) days in the case of non- payment), provided however, that if Licensee is more than five (5) business days late with payment more than twice in any two year period, Licensee shall be in breach without Licensor having to provide notice and an opportunity to cure. In such event, this Agreement shall automatically terminate unless Licensee is otherwise notified in writing by Licensor. Notwithstanding the foregoing, in the event that the Monthly License Fee is not paid pursuant to the terms of this Agreement, then this Agreement shall be null and void ab initio and any and all subsequent synchronized uses of any Musical Works in any and all of Licensee's Podcasts at any time shall be deemed unauthorized. Any such termination shall render the exhibition of the Musical Works as unauthorized uses, subject to the all rights and remedies provided by law, whether pursuant to the Copyright Act or otherwise.
Default; Cure. Failure on the part of either Party to comply with any material term, representation, warranty, covenant, agreement, or condition of this Agreement within thirty (30) days after written notice thereof shall constitute an event of default. No default of this Agreement may be found to have occurred if performance has commenced to cure such default to the reasonable satisfaction of the complaining Party within thirty (30) days of the receipt of such notice and the Party alleged to be in default continues diligently to pursue such cure. In the event of default by the CITY in the performance of any of its obligations under this Agreement, the DEVELOPER’s sole remedy shall be specific performance (including statutory interest on any sums deemed to be improperly withheld) or termination of the Agreement. The CITY shall not be liable for consequential damages or lost profits. In the event of default by the DEVELOPER in the performance of any of its obligations under this Agreement the CITY shall be entitled to take such action as is appropriate according to the term of this Agreement and any other remedies available at law or in equity.
