Common use of Default of Muzak Clause in Contracts

Default of Muzak. Muzak shall be deemed to be in default, and ---------------- Licensee shall have the right to terminate this Agreement, if Muzak fails to comply with any of its obligations under this Agreement, and Licensee has been or is reasonably likely to be in any way damaged thereby, and such failure is not cured within thirty (30) days after Muzak's receipt of a written notice of default from Licensee (or, if the default cannot reasonably be cured within such thirty (30) days, if such cure has not been initiated and is not continuing within that time); provided, however, that in the event the existence of such default is disputed by Muzak, and Muzak notifies Licensee of such dispute within 10 days after receipt of Licensee's notice of default and thereafter promptly proceeds to take all steps necessary to resolve such dispute, including (if necessary) the commencement of litigation by no later than 30 days after receipt of Licensee's notice of default, such termination shall not become effective until 10 days after the date such dispute is finally resolved in favor of Licensee. For purposes hereof, final resolution shall include Muzak's failure to make a timely appeal of a court decision in favor of Licensee. Notwithstanding anything in this Section 10.2 to the contrary, in the event that the final resolution in favor of Licensee of Muzak's dispute of a notice of default is by means of a court decision and such court also specifically decides that, at each successive level of Muzak's legal challenge to the notice of default, Muzak had a strong likelihood of success on the merits (without application by the court of any balance-of-hardships tests), Muzak shall have 30 days from the date of such final resolution to cure the default; in such event, if such cure is not effectuated by the end of such 30-day period, the termination shall then become immediately effective.

Default of Muzak. Muzak shall be deemed to be in default, and ---------------- Licensee shall have the right to terminate this Agreement, if Muzak fails to comply with any of its obligations under this Agreement, and Licensee has been or is reasonably likely to be in any way damaged thereby, and such failure is not cured within thirty (30) days after Muzak's receipt of a written notice of default from Licensee (or, if the default cannot reasonably be cured within such thirty (30) days, if such cure has not been initiated and is not continuing within that time); provided, however, that in the event the existence of such default is disputed by Muzak, and Muzak notifies Licensee of such dispute within 10 days after receipt of Licensee's notice of default and thereafter promptly proceeds to take all steps necessary to resolve such dispute, including (if necessary) the commencement of litigation by no later than 30 days after receipt of Licensee's notice of default, such termination shall not become effective until 10 days after the date such dispute is finally resolved in favor of Licensee. For purposes hereof, final resolution shall include Muzak's failure to make a timely appeal of a court decision in favor of Licensee. Notwithstanding anything in this Section 10.2 to the contrary, in the event that the final resolution in favor of Licensee of Muzak's dispute of a notice of default is by means of a court decision and such court also specifically decides that, at each successive level of Muzak's legal challenge to the notice of default, Muzak had a strong likelihood of success on the merits (without application by the court of any balance-of-hardships tests), Muzak shall have 30 days from the date of such final resolution to cure the default; in such event, if such cure is not effectuated by the end of such 30-day period, the termination shall then become immediately effective.

Default of Muzak. Muzak shall be deemed to be in default, and Licensee ---------------- Licensee shall have the right to terminate this Agreement, if Muzak fails to comply with any of its obligations under this Agreement, and Licensee has been or is reasonably likely to be in any way damaged thereby, and such failure is not cured within thirty (30) days after Muzak's receipt of a written notice of default from Licensee (or, if the default cannot reasonably be cured within such thirty (30) days, if such cure has not been initiated and is not continuing within that time); provided, however, that in the event the existence of such default is disputed by Muzak, and Muzak notifies Licensee of such dispute within 10 days after receipt of Licensee's notice of default and thereafter promptly proceeds to take all steps necessary to resolve such dispute, including (if necessary) the commencement of litigation by no later than 30 days after receipt of Licensee's notice of default, such termination shall not become effective until 10 days after the date such dispute is finally resolved in favor of Licensee. For purposes hereof, final resolution shall include Muzak's failure to make a timely appeal of a court decision in favor of Licensee. Notwithstanding anything in this Section 10.2 to the contrary, in the event that the final resolution in favor of Licensee of Muzak's dispute of a notice of default is by means of a court decision and such court also specifically decides that, at each successive level of Muzak's legal challenge to the notice of default, Muzak had a strong likelihood of success on the merits (without application by the court of any balance-of-hardships tests), Muzak shall have 30 days from the date of such final resolution to cure the default; in such event, if such cure is not effectuated by the end of such 30-day period, the termination shall then become immediately effective.