Licensee’s Default. The occurrence of any one or more of the following shall constitute a default hereunder by Licensee:
(i) failure to pay Base Annual Fee or Additional Fees when due if the failure continues for twenty (20) days after written notice has been received by Licensee;
(ii) failure to perform any other provision of this Agreement if such failure to perform is not cured within thirty (30) business days after written notice has been received by Licensee, provided that, if the default cannot reasonably be cured within thirty (30) business days, Licensee shall not be in default of this Agreement if Licensee commences to cure the default within the thirty (30) business day period and diligently and in good faith continues to cure the default;
(iii) any proceeding is begun by or against Licensee to subject the assets of Licensee to any bankruptcy or insolvency law or for an appointment of a receiver of Licensee or of any of Licensee’s assets and is not dismissed within ninety (90) days; or
(iv) Licensee makes a general assignment of Licensee’s assets for the benefit of creditors. Notices given under this Article shall specify the alleged default and the applicable Agreement provision(s), and shall demand that Licensee perform the provisions of this Agreement or pay the Base Annual Fee or Additional Fees that is in arrears, as the case may be, within the applicable period of time.
Licensee’s Default. If the Licensee fails to observe or perform any of its other obligations under this Licence and the Licensee has not, within thirty (30) days after receipt of written notice from the Licensor specifying the default, cured the default, or if the cure reasonably requires a longer period, if the Licensee has not commenced to cure and diligently pursue the cure, or if re-entry is permitted under other terms of this Licence, the Licensor in addition to any other right or remedy may terminate this Licence and all of the Licensee’s rights under it.
Licensee’s Default. If any of the following events occur, LICENSEE shall be in default and LICENSOR shall have the right to immediately terminate this Agreement upon written notice to LICENSEE. If LICENSEE ceases to function as a going concern, makes an License for the benefit of creditors, files a petition in bankruptcy, permits a petition in bankruptcy to be filed against it, or admits in writing its inability to pay its debts as they mature or if a receiver is appointed for a substantial part of its assets; LICENSEE ceases to carry on the business of the manufacturing, marketing or selling LICENSOR’S Products for more than a one (1) year period;
Licensee’s Default. If any of the following events occur, LICENSEE shall be in default and LICENSOR shall have the right to immediately terminate this Agreement upon written notice to LICENSEE. If LICENSEE ceases to function as a going concern, or becomes insolvent, makes an assignment for the benefit of creditors, files a petition in bankruptcy, permits a petition in bankruptcy to be filed against it, or admits in writing its inability to pay its debts as they mature or if a receiver is appointed for a substantial part of its assets; LICENSEE ceases to carry on the business of a LICENSEE of LICENSOR'S Products;
Licensee’s Default. If Licensee at any time defaults in its obligations under the Master Agreement and such default is not remedied by Licensee within any applicable grace period as provided in the Master Agreement and the Master Agreement is terminated, Licensor may terminate the rights granted to Licensee under this Escrow Agreement.
Licensee’s Default. If Licensee shall default in the payment of any sums payable in accordance with the terms of this Agreement, or fails to respect a credit or copyright obligation, and such default shall continue for a period of fifteen (15) working days after the Licensee's receipt of a written notice from the Licensor of such default, or if Licensee shall fail to duly perform or observe any term, covenant or condition of this Agreement and of the Licensee has not remedied the situation for a period of fifteen (15) working days after the Licensee's receipt of written notice from the Licensor of such failure, or if Licensee shall be adjudicated a bankrupt, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of creditors, or shall take advantage of the provisions of any bankruptcy or debtor’s relief act, or if any involuntary petition in bankruptcy is filed against Licensee and is not vacated or discharged within thirty (30) days, or if a receiver is appointed for a substantial portion of its property and is not discharged in thirty (30) days, or if Licensee voluntarily or by operation of law shall lose control of the above named television station or its interest therein, or the license to operate the same, then and upon the occurrence of any one or more of such events, any and all installments or sums payable under this Agreement remaining unpaid shall immediately become due and payable to Licensor, regardless of the due date thereof and, in addition, and without prejudice to any other right or remedy which may be available to Licensor at law or in equity, and without in any way releasing or discharging Licensee of or from any of its obligations under this Agreement, Licensor shall have the right, either (i) to terminate each and all of the rights of Licensee under this Agreement, or (ii) to suspend the further delivery of transmission materials until such defaults shall have ceased and shall have been remedied. Licensor shall notify Licensee of either suspension or termination by registered letter, return receipt requested in which event such termination or suspension shall be automatically and immediately valid with no further action necessary on the part of Licensor. Licensor's default : Licensor will default if Licensor breaches any material term, covenant, or condition of this Agreement. Any default by Licensor is limited to the particular Program to which a default applies. No default as to one Picture will be a default as to any other...
Licensee’s Default. A. The City of Hudson may give fifteen (15) days written notice to Licensee to correct any of the following defaults:
1. Failure to pay a fee or added fee on time.
2. Improper assignment of the License Agreement.
3. Improper conduct by Licensee or other occupant of the premises.
4. Failure to fully perform and provision of the License Agreement.
B. If Licensee fails to correct any default set forth in Section A herein within fifteen (15) days of the date of the notice, the City of Xxxxxx may cancel the License Agreement upon giving ten (10) days written notice to Licensee. Upon expiration of the ten (10) day notice, Licensee's rights in this License Agreement shall terminate and Licensee must leave the premises. Licensee shall remain responsible for any fees, expenses, damages, and losses connected with this License Agreement and/or its vacating the premises.
C. If the License Agreement is canceled, or fees are not paid in a timely manner, or if Licensee vacates the premises, the City of Xxxxxx may in addition to other remedies take any of the following steps:
1. Enter the premises and remove Licensee and any person or property;
2. Use dispossess, eviction, or other lawful method to take back the Premises.
D. The Licensee hereby agrees to release, indemnify and hold the City of Hudson harmless from any and all claims of damages in any suit, action, proceeding and/or other legal proceeding seeking damages by Licensee and/or a third party as a result of the Licensee's operation, including operation of the paddleboards/kayaks/canoes. The Licensee hereby further agrees to release, indemnify and hold the City of Xxxxxx harmless from any claim of damages in any suit, action, proceeding and/or other legal proceeding as a result of the City of Xxxxxx re-taking the licensed premises.
Licensee’s Default. In the event that Licensee (i) continues in default of this Agreement for period of more than ten (10) days after written notice thereof from Licensor to Licensee, (ii) or any of its owners becomes the subject of a voluntary or involuntary action in a bankruptcy or similar proceeding, makes a general assignment for the benefit of creditors, becomes insolvent, or a receiver is appointed for Licensee or any of its owners, or (iii) is dissolved or liquated, then Licensor shall have the right to immediately terminate this Agreement and the License, and shall have any and all remedies in equity or at law as a result of Licensee’s default.
Licensee’s Default. Each of the following constitutes a default by the Licensee under this Agreement:
(i) the Licensee’s failure to pay Licence Fee or any other money by the due date for payment, and the Licensor has given notice of the Licensee and the Licensee does not rectify the failure to pay within five Business Days of such notice;
(ii) the Licensee’s failure to comply with an obligation under this Agreement and in the Licensor's reasonable opinion:
(i) the non-compliance can be remedied but the Licensee does not remedy it to the Licensor’s reasonable satisfaction within a reasonable time after the Licensor gives the Licensee notice to remedy;
(ii) the non-compliance cannot be remedied or compensated for; or
(iii) the non-compliance cannot be remedied but the Licensor can be compensated and the Licensee does not pay the Licensor compensation satisfactory to the Licensor for the breach within 10 Business Days after the Licensor gives the Licensee notice to pay; or
(iii) an Insolvency Event occurs to the Licensee; or
(iv) a breach of clause 5 by the Licensee.
Licensee’s Default. If any of the following events occur, LICENSEE shall be in default and LICENSOR shall have the right to immediately terminate this Agreement upon written notice to LICENSEE. If LICENSEE ceases to function as a going concern, makes an License for the benefit of creditors, files a petition in bankruptcy, permits a petition in bankruptcy to be filed against it, or admits in writing its inability to pay its debts as they mature or if a receiver is appointed for a substantial part of its assets; LICENSEE ceases to carry on the business of the manufacturing, marketing or selling LICENSOR’S Products for more than a one (1) year period; MBS-Parallax Diagnostics License of Intellectual Property September 2011
