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. Subject to the requirements of Section V.A. hereof, 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 Section III.C. hereof 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:
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. 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.
Default; Cure. Except as otherwise provided in this Agreement, in the event of any material default by either party, the non-defaulting party shall provide notice to the defaulting party, specifically setting forth the particulars causing the default. The defaulting party shall then have thirty (30) days in which to cure the default, or to commence appropriate action to cure the default if the default cannot reasonably be cured during the thirty (30) day cure period. If the default has not been cured within the thirty (30) day period, or if reasonable procedures to cure the default have not been instituted within this time period, then the non-defaulting party shall have the right to immediately terminate this Agreement by giving written notice of termination to the defaulting party.
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. 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.
