DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to:
(a) respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default and providing such information or documentation as may be necessary to support the Licensee's position.
(b) cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one (21) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured.
(c) In the event that the Licensee fails to respond to such notice of default and to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing.
(d) Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the Renewal License and shall issue a written determination of its findings. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies:
(i) Seek specific performance of any provision in the Renewal License that reasonably lends itself to such remedy as an alternative to damages;
(ii) Assess liquidated damages in accordance with the schedule set forth in Section 11.2 below;
(iii) Commence an action at law for monetary damages;
(iv) Foreclose on all or any appropriate part ...
DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of this Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to:
DETERMINATION OF BREACH. For the purpose of determining whether or not any warranty made by the Cooperative under the provisions of Section 4.10 was false and that the Cooperative is therefore obliged to repurchase any Wholesale Account, the Cooperative shall be bound by a written statement of an officer of Statesman that in the reasonable judgment of Statesman it has determined that any obligor under any Wholesale Account has refused to make any scheduled payment under such contract because of any fact which has been represented as otherwise by the Cooperative to Statesman under the provisions of Section 4.10 hereof.
DETERMINATION OF BREACH. With regard to Clause 33:02(B) above, the Artist may not however terminate the Artist’s COA Engagement Contract should the Engager dispute that a material breach has in fact taken place, until a determination has been made according to the provisions of Articles 9:00 and 44:00.
DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of this Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have twenty-one (21) days from the receipt of such notice, unless a greater time is granted, in writing, by the Issuing Authority, to:
(a) Respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default and providing such information or documentation as may be necessary to support the Licensee's position; or
(b) Cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such twenty-one (21) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at fourteen (14) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured.
(c) In the event that the Licensee: (i) fails to respond to such notice of default; and/or (ii) fails to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period; and/or (iii) the Issuing Authority is not satisfied with (1) the Licensee’s response pursuant to Section 11.1(a) above and/or (2) the Licensee’s efforts to cure pursuant to Section 11.1(b) above, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence, question witnesses, if any, and be heard at such public hearing.
(d) Within thirty (30) days after said public hearing, the Issuing Authority shall issue a written determination of its findings. In the event that the Issuing Authority determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies:
(i) assess liquidated damages in accordance with the schedule set forth in Section 11.2 below;
(ii) seek specific Performance of any pro...
DETERMINATION OF BREACH. For purposes of determining (i) whether an Indemnifying Party shall be required to indemnify an Indemnified Party under this Article 11 or (ii) the aggregate amount of Minimum Loss suffered by an Indemnified Party, each representation and warranty contained in this Agreement for which indemnification can be or is sought hereunder shall be read (including for purposes of determining whether a breach of such representation or warranty has occurred) without regard to materiality (including Material Adverse Effect) qualifications that may be contained therein.
DETERMINATION OF BREACH. (a) In the event that the Issuing Authority has evidence that the Licensee has defaulted in the performance of any material provision(s) of this Renewal License, except as excused by force majeure or other factors beyond the reasonable control of the Licensee, or prior to institution any action under either Section 9.3 (Performance Bond) or Section 9.7
DETERMINATION OF BREACH. 8.6.1 Determination of irregular subscription complaints
(I) The determination of Party B's irregular subscription complaint shall at the same time satisfy the following conditions:
(1) Any user lodges any complaint to object to the subscription relationship.
(2) User's complaint involves any of the following specific complaints of the value-added services:
DETERMINATION OF BREACH. Any such breach shall be deemed to be a Breach Occurrence triggering adjustment of the Series A Multiple if (i) the Company fails to cure such breach, obtain a waiver thereof or invoke the dispute resolution procedures of Section 3.3(b) within thirty (30) days after the date of receipt of the Breach Notice or (ii) the arbitrators fail to make a final determination in accordance with Section 3.3(b) that such breach has not occurred.
DETERMINATION OF BREACH. (a) In the event that the Issuing Authority has reason to believe that Licensee has defaulted in the performance of any provision of this Renewal License, except as excused by force majeure, the Issuing Authority shall notify Licensee in writing of the provision or provisions which the Issuing Authority believes may be in default. Licensee shall have fourteen (14) days from the receipt of such notice to:
i) respond to the Issuing Authority in writing, contesting the Issuing Authority’s assertion of default and providing such information or documentation as may be necessary to support Licensee’s position; or
ii) cure any such default or, in the event that, by the nature of the default, such default cannot be cured within such fourteen (14) day period, take steps satisfactory to the Issuing Authority to cure the default and diligently continue such efforts until said default is cured. Licensee shall report to the Issuing Authority, in writing, at fourteen (14) day intervals as to Licensee’s efforts, indicating the steps taken by Licensee to cure the default and reporting Licensee’s progress until such default is cured.
