Defaulting Party Material Breach Sample Clauses

Defaulting Party Material Breach. 11.2 In the event of a material or persistent breach of this Agreement by a Defaulting Party, the non- Defaulting Party may give four (4) weeks’ written notice of their intention to terminate this Agreement, setting out in sufficient detail the acts or omission of the relevant Defaulting Party giving rise to such breach or breaches. If the Defaulting Party does not, to the reasonable satisfaction of the non-Defaulting Party, remedy the breach or breaches and the consequences of such breach within such notice period, the non-Defaulting Party may terminate this Agreement. Where, pursuant to Part 4 of Schedule 3 Service Failure Points have been allocated for the same trigger in three (3) consecutive months this shall be deemed to be a material breach which the Operator has been unable to remedy.
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Defaulting Party Material Breach. Any Party (a "non Defaulting Party") may by written notice to each of the other Parties terminate its participation in this Agreement where another Party (a "Defaulting Party") commits a material breach of its obligations under this Agreement which:
Sample 1
Defaulting Party Material Breach. If during the Term of this Agreement: any Party has committed a material breach of its obligations under this Agreement: the Partnership Board may by written notice inform the Defaulting Party setting out details of the breach. Following any such notification, the Defaulting Party shall have [20 Working Days] ("Rectification Period") to rectify such breach. Where such breach has not been rectified within the Rectification Period, the Defaulting Party shall prepare a remedial action plan setting out: details of the material breach(es); detailed reasons for the material breach(es); any proposed mitigation measures in respect of the breach(es) prior to rectification; and a detailed plan as to how the Defaulting Party intends to remedy the breach(es), including timescales and required actions, ("Remedial Action Plan"). For the avoidance of doubt this Remedial Action Plan is separate from and not linked to any action plan under any secured service contract between an Operator and the Lead Authority or the relevant Constituent Local Authorities; the Remedial Action Plan shall be presented at the next meeting of the Partnership Board. The Partnership Board shall consider: the contents of the Remedial Action Plan; and whether it conflicts with any other Remedial Action Plans. The Partnership Board shall agree the final form Remedial Action Plan. The Parties agree that in voting on the final form Remedial Action, the Defaulting Party shall not be entitled to vote on the decision. The Defaulting Party shall adhere to this final form of Remedial Action Plan. if a Defaulting Party either: fails to comply with any material terms of its Remedial Action Plan; or fails to agree a Remedial Action Plan with the Partnership Board and any relevant material breach is continuing, then the Parties agree that damages shall not be an adequate remedy for the failure to comply with the Remedial Action Plan and/or rectify the material breach and the non-Defaulting Party(ies) shall be entitled to seek an order of specific performance, compelling the Defaulting Party to perform its obligations under the Remedial Action Plan or rectify the material breach to the extent permitted by competition laws; or more than one Party has committed a breach of their material obligations under this Agreement and either such breaches are related or, the steps needed to rectify such breaches require the co-operation of more than one Defaulting Party, the Partnership Board shall by written notice inform...
Sample 1
Defaulting Party Material Breach. 11.2 In the event of a material or persistent breach of this Agreement by a Defaulting Party, the non- 'HIDXOWLQJ 3DUW\ PD\ JLYH IRXU ZHHNV¶ ZU Agreement, setting out in sufficient detail the acts or omission of the relevant Defaulting Party giving rise to such breach or breaches. If the Defaulting Party does not, to the reasonable satisfaction of the non-Defaulting Party, remedy the breach or breaches and the consequences of such breach within such notice period, the non-Defaulting Party may terminate this Agreement. .
Sample 1

Related to Defaulting Party Material Breach

  • Material Breach A material breach for purposes of this Agreement shall include, but not be limited to:

  • Termination for Material Breach A party may terminate this Agreement immediately upon notice to the other parties if any of the other parties materially breaches this Agreement, and if capable of cure, does not cure the breach within 10 days after receiving notice specifying the breach. If the material breach affects only certain Services, the non-breaching party that served the notice may choose to terminate only the affected Services.

  • Termination for a Material Breach Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach.

  • Breach A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

  • Termination and Breach 13.1 The termination of this Agreement or any part thereof however caused and the serving of notice to terminate shall be without prejudice to any obligations or rights of any of the parties which have accrued prior to such termination and shall not affect any provision of this Agreement which is expressly or by implication provided to come into effect on or to continue in effect after such termination

  • Opportunity to Remedy Material Breach If an HSP breaches any material provision of this Agreement, including, but not limited to, the reporting requirements in Article 8 and the representations and warranties in Article 10 and the breach has not been satisfactorily resolved under Article 7, the Funder will give the HSP Notice of the particulars of the breach and of the period of time within which the HSP is required to remedy the breach. The Notice will advise the HSP that the Funder may terminate this Agreement:

  • BREACH; TERMINATION Failure of either party to comply substantially with any material provision hereof is a breach of the Lease. Should Tenant neglect or fail to perform and observe any of the terms of this Lease, Landlord shall give Tenant written notice of such breach requiring Tenant to remedy the breach or vacate the Premises on or before a date at least 5 days after the giving of such notice, and if Tenant fails to comply with such notice, Landlord may declare this tenancy terminated and institute action to expel Tenant from the leased Premises without limiting the liability of Tenant for the rent due or to become due under this Lease. If Tenant has been given such notice and has remedied the breach or been permitted to remain in the Premises, and within one year of such previous breach, Tenant commits a similar breach, this Lease may be terminated if, before the breach has been remedied, Landlord gives notice to Tenant to vacate on or before a date at least 14 days after the giving of the notice as provided in sec. 704.17

  • Termination on Material Default 30.2.1 The Authority may terminate this Framework Agreement for material Default by issuing a Termination Notice to the Supplier where:

  • Independence from Material Breach Determination Except as set forth in Section X.D.1.c, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that CHSI has materially breached this CIA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.D, below.

  • Data Breach In the event of an unauthorized release, disclosure or acquisition of Student Data that compromises the security, confidentiality or integrity of the Student Data maintained by the Provider the Provider shall provide notification to LEA within seventy-two (72) hours of confirmation of the incident, unless notification within this time limit would disrupt investigation of the incident by law enforcement. In such an event, notification shall be made within a reasonable time after the incident. Provider shall follow the following process:

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