In the Event of Breach. In the event the Releasors breaches this Agreement, or otherwise seeks to bring a claim that is waived and released herein, Releasees shall first provide notice of such breach to Releasor. Such notice will be provided by regular mail and certified mail R.R.R. Releasor shall cure such breach on or before thirty (30) calendar days of transmission of notice of such breach by Releasee. Should Releasors not cure said breach of this Agreement within the specific thirty (30) calendar day period, Releasee shall be entitled to use “self help” to cure said breach should Releasee desire in addition to obtaining all other relief provided by law or equity in addition to Releasees’ attorneys’ fees and costs. Releasee shall also be entitled to obtain "forced placed" insurance and recover the costs of such coverage, if necessary, from Releasors in the appropriate legal forum.
In the Event of Breach. Either Party may terminate this Agreement upon thirty (30) days written notice to the other Party in the event of a breach of any provision of this Agreement by the other Party, provided that, during the thirty (30) day period, the breaching Party fails to cure such breach.
In the Event of Breach. Either party may terminate this Agreement upon thirty (30) days formal written notice to the other party in the event of a material breach of any provision of this Agreement by the other party, provided that, during the thirty (30) day period, the breaching party fails to cure such breach. Such notice by the complaining party shall expressly state all of the reasons for the claimed breach in sufficient detail so as to provide the alleged breaching party a meaningful opportunity to cure such alleged breach (“Notice”). Upon termination or expiration of this Agreement, Customer shall have no rights to continue use of the Service. If this Agreement is terminated by Customer for any reason other than a termination expressly permitted by this Agreement, Customer agrees that Jcurve shall be entitled to all of the fees due under this Agreement for the entire Term. If this Agreement is terminated as a result of a breach on Jcurve’s part, Jcurve shall refund the pro rata portion of any fee paid by Customer for the terminated portion of the Term.
In the Event of Breach. Either party may terminate this Agreement upon sixty (60) days written notice to the other party in the event of a breach of any provision of this Agreement by the other party, provided that, during the sixty (60) day period, the breaching party fails to cure such breach. Upon termination or expiration of this Agreement, Customer shall have no rights to continue use of the Service. If this Agreement is terminated as a result of a breach on NetSuite’s part, NetSuite shall refund the pro rata portion of any fee that may have been paid by Customer for the portion of the Service not furnished to Customer.
In the Event of Breach. In the event of a material breach by either Party of a material provision hereof, which breach is not cured within sixty (60) days after written notice thereof by the other Party (“Cure Period”), then the Parties agree to resolve any damages through the use of arbitration in accordance with Section 10.2. The Cure Period may be extended by written mutual agreement of AcceleMed and Nalu.
In the Event of Breach. The parties agree that the provisions of Sections 17 and 18 of the Employment Agreement concerning Dispute Resolution are incorporated herein by reference. Notwithstanding the foregoing, in the event that Xxxxx breaches any of the provisions of Section 8 of this Agreement, Xxxxx understands that the MTGA may exercise any available remedies including its right to bring an action to enjoin any such breach in any court having personal jurisdiction over him, as he acknowledges that MTGA would suffer irreparable harm in the event of such breach. Xxxxx further acknowledges that in no event shall MTGA have to prove special damages before proceeding with an injunction against him. Xxxxx also agrees that in the event he breaches his covenant of confidentiality and/or non-competition toward MTGA, the MTGA may recover, in addition to any other legal damages, its reasonable attorney’s fees, court costs and other litigation expenses incurred in investigating and prosecuting any breach. In addition, with respect to his breach or threatened breach of the confidentiality and/or non-competition provisions herein, MTGA has the right to notify Xxxxx’x new or prospective employer of the terms and conditions of this Agreement.
In the Event of Breach. (i) In the event of any failure or default on the part of NHAI to observe discharge perform carry out or fulfill any of the responsibilities obligations undertakings or covenants herein contained or in the event of any default by NHAI in respect of usage of trade marks signs, trade names, logos, emblems or any other copyright, the Service Provider may without prejudice to its other rights, be entitled to do one or more of the following, each of which shall be independent to the other:-
(a) Discontinue after a notice of 30 days the Services to be rendered by it under the terms mentioned herein and withdraw at the cost of NHAI from the Clinic all staff seconded by the Service Provider to the Clinic under these terms.
(b) Serve notice to rectify or cure such failure or default and if such failure or default is rectified or cured by NHAI within 30 days of such notice then the Service Provider will continue rendering the Services.
(c) If NHAI fails to comply with such notice and cure or rectify such failure or default within 30 days of such notice, the Service Provider shall be entitled to terminate this Agreement without any further notice. For the avoidance of doubt it shall be clarified that the Service Provider shall not be entitled to any claim of damages whatsoever arising out of NHAI’s such failure or default.
(ii) In the event of the Service Provider failing to meet its liabilities and entering into a composition or arrangement with its creditors or in the event of liquidation proceedings being commenced against the Service Provider or of a receiver or liquidator being appointed of the whole or a substantial part of the assets of the Service Provider then in any such event NHAI shall have the right to terminate this Agreement without notice and without prejudice to its claims for damages.
(iii) (a) In the event of any failure or default on the part of the Service Provider to observe, discharge, perform, carry out or fulfill any of the responsibility obligations undertakings or covenants on the Service Provider herein contained, NHAI may, without prejudice to its other rights, serve notice on the Service Provider to rectify or cure such failure or default within 30 days of such notice.
In the Event of Breach. 4.1. The Editor acknowledges and agrees that the Author reserves the right to take any legal action to which they may be entitled in the event of breach, in full or in part, of the provisions of this agreement.
4.2. The Author acknowledges and agrees that the Editor reserves the right to take any legal action to which they may be entitled in the event of breach, in full or in part, of the provisions of this agreement.
In the Event of Breach. Bullhorn, in its sole discretion, may suspend or terminate Customer’s username and password, account, or use of the Service and/or terminate the Agreement if Customer materially breaches the Agreement and such breach has not been cured within 5 business days of notice of such breach.
In the Event of Breach. Either party may terminate this Agreement upon thirty (30) days formal written notice to the other party in the event of a material breach of any provision of this Agreement by the other party. Such notice by the complaining party shall expressly state all of the reasons for the claimed breach in sufficient detail so as to provide the alleged breaching party a meaningful opportunity to cure such alleged breach ("Notice"). Following receipt of such Notice, the alleged breaching party shall have thirty (30) days to cure such alleged breach, after which time the Agreement shall terminate only if the alleged breach was not cured. Upon termination or expiration of this Agreement, Customer shall
