Common use of Disputes Regarding Material Breach Clause in Contracts

Disputes Regarding Material Breach. Notwithstanding the foregoing, if the Breaching Party in (a) disputes in good faith the existence, materiality, or failure to cure of any such breach which is not a payment breach, and provides notice to the Non-Breaching Party of such dispute within such sixty (60) day period, the Non-Breaching Party will not have the right to terminate this Agreement in accordance with (a), unless and until it has been determined in accordance with ARTICLE 12 that this Agreement was materially breached by the Breaching Party and the Breaching Party fails to cure such breach within thirty (30) days following such determination. It is understood and acknowledged that during the pendency of such dispute, all the terms of this Agreement will remain in effect and the Parties will continue to perform all of their respective obligations hereunder, including satisfying any payment obligations.

Disputes Regarding Material Breach. Notwithstanding the foregoing, if the Breaching Party in (a) Section 10.2.2 or Section 10.2.3 disputes in good faith the existence, materiality, or failure to cure of any such breach which is not a payment breach, and provides notice to the Non-Breaching Party of such dispute within such sixty (60) 60 day period, the Non-Breaching Party will not have the right to terminate this Agreement in accordance with (a)Section 10.2.2 or Section 10.2.3, as applicable, unless and until it has been determined in accordance with ARTICLE 12 Section 12.1 that this Agreement was materially breached by the Breaching Party and the Breaching Party fails to cure such breach within thirty (30) 30 days following such determination. It is understood and acknowledged that during the pendency of such dispute, all the terms and conditions of this Agreement will remain in effect and the Parties will continue to perform all of their respective obligations hereunder, including satisfying any payment obligations.

Disputes Regarding Material Breach. Notwithstanding the foregoing, if the Breaching Party in (a) disputes in good faith the existence, materiality, or failure to cure of any such breach which is not a payment alleged uncured material breach, and provides notice to the Non-Breaching Party of such dispute within such sixty (60) day the relevant cure period, the Non-Breaching Party will not have the right to terminate this Agreement in accordance with (a)Section 13.2.1, unless and until (a) it has been determined in accordance with ARTICLE 12 Section 14.2 that this Agreement was materially breached by the Breaching Party and (b) the Breaching Party fails to cure such material breach within thirty (30) 30 days following after such determination. It is understood and acknowledged that during the pendency of such dispute, all the terms and conditions of this Agreement will remain in effect and the Parties will continue to perform all of their respective obligations hereunder, including satisfying any payment obligations.

Disputes Regarding Material Breach. Notwithstanding the foregoing, if the Breaching Party in (a) Section 12.2.2 or Section 12.2.3 disputes in good faith the existence, materiality, or failure to cure of any such breach which is not a payment breach, and provides notice to the Non-Breaching Party of such dispute within such sixty (60) 60 day period, the Non-Breaching Party will not have the right to terminate this Agreement in accordance with (a)Section 12.2.2 or Section 12.2.3, unless and until it has been determined in accordance with ARTICLE 12 Section 14.1 that this Agreement was materially breached by the Breaching Party and the Breaching Party fails to cure such breach within thirty (30) 30 days following such determination. It is understood and acknowledged that during the pendency of such dispute, all the terms and conditions of this Agreement will remain in effect and the Parties will continue to perform all of their respective obligations hereunder, including satisfying any payment obligations.