Incurable Defaults. In the event Distributor: (i) knowingly and intentionally sells any Inventory marked with Jamba Juice’s, name and/or trademarks to third parties without JJC’s prior written consent and/or (ii) fails to meet either the Delivery Performance Standards or Service Levels for two (2) consecutive quarters, it is agreed this is an incurable Default and at JJC’s election the thirty (30) day period to remedy is not required. If JJC elects not to provide Distributor an opportunity to remedy such Default, JJC may issue an immediate ninety (90) day written notice to cancel to Distributor, in addition to the other remedies available to JJC under the Sections hereof entitled “Default and Remedies”, “Delivery Service” and “Service Level.”
Incurable Defaults. If the Town Bodies exercise the right to terminate the Mixed-Use Provisions due to an Incurable Default, then: (a) for a period of 60 days after receipt of the Mortgagee Notice, the Mortgagee shall have the right to identify a Replacement Company to acquire the Collateral and become the “Company” under the Mixed-Use Provisions; and (b) if a Replacement Company is identified within such 60-day period, then the Mixed-Use Provisions, shall be deemed to be reinstated with the Replacement Company as the “Company” thereunder.
Incurable Defaults. For clarity, notice of an Incurable Default shall be provided to the party in default and no action may be taken as a result of the Incurable Default until such notice is provided, but there shall be no cure period available with respect to an Incurable Default.
Incurable Defaults. If YRC exercises its right to terminate the Agreement, as applicable to the Collateral, due to an Incurable Default, then: (a) for a period of 60 days after receipt of the Mortgagee Notice, the Mortgagee shall have the right to identify a Replacement Company to acquire the Collateral and
Incurable Defaults. If YRC exercises its right to terminate the Agreement, as applicable to the Collateral, due to an Incurable Default, then: (a) for a period of 60 days after receipt of the Mortgagee Notice, the Mortgagee shall have the right to identify a Replacement Developer to acquire the Collateral and become the “Developer” under the Agreement; and (b) if a Replacement Developer is identified within such 60-day period, then the Agreement shall be deemed to be reinstated with the Replacement Developer as the “Developer” thereunder.
Incurable Defaults. The following constitute a incurable Event of Default by Tenant: (a) any default identified as an incurable Event of Default in this Lease or which is not capable of being cured, (b) if Tenant breaches its obligations under Sections 4.5 or 15.1, (c) Tenant admits in writing its inability to pay its debts as they mature; (
Incurable Defaults. The following constitute an incurable Event of Default by Tenant: (a) any default identified as an incurable Event of Default in this Lease or which is not capable of being cured, (b) if Tenant breaches its obligations under Sections 4.5 (Security Deposit), 9 (Insurance), 12 (Assignment),
15.1 (Subordination), or 15.2 (Estoppel), (c) Xxxxxx admits in writing its inability to pay its debts as they mature; (d) Xxxxxx makes an assignment or takes other action for the benefit of creditors; (e) Tenant files or consents to any filing against Tenant under any insolvency, bankruptcy, reorganization or other debtor relief law; (f) a trustee or receiver is appointed to take possession of substantially all of Tenant’s assets or Tenant’s interest in this Lease, where possession is not restored to Tenant within thirty (30) days, or (g) substantially all of Tenant’s assets or Xxxxxx’s interest is attached, executed upon or judicially seized, where such seizure is not discharged within thirty (30) days.
