Common use of Defaulting Party Material Breach Clause in Contracts

Defaulting Party Material Breach. 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.

Appears in 9 contracts

Samples: Bus Emergency Scheme Agreement, Bus Emergency Scheme Agreement, Bus Emergency Scheme Agreement

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Defaulting Party Material Breach. 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 SFP’s 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.

Appears in 4 contracts

Samples: Bus Emergency Scheme Agreement, Bus Emergency Scheme Agreement, Bus Emergency Scheme Agreement

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Defaulting Party Material Breach. 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 Part 4: of Schedule 3 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.

Appears in 1 contract

Samples: Bus Emergency Scheme Agreement

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