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.”
Appears in 5 contracts
Samples: Distribution Agreement, Distribution Agreement, Distribution Agreement (Jamba, Inc.)
