Common use of Manager Action in Response to Apparent Breach Clause in Contracts

Manager Action in Response to Apparent Breach. The Manager shall monitor the 20 Members’ compliance with the terms and conditions of this Agreement. If the Manager becomes aware 21 of an apparent breach of this Agreement by a Member, the Manager shall investigate the matter, and if 22 the Manager concludes that a Member has breached this Agreement, the Manager shall notify such 23 Member of the apparent breach and (if such breach is reasonably susceptible of cure) provide such 24 Member with an opportunity to cure the breach. If such Member fails to demonstrate to the Manager, 25 in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the breach within the 26 time period directed by the Manager, taking into account the magnitude of the breach and the potential 27 consequences of the breach for the Sector and the other Members, the Manager shall notify the 28 Member in writing that the Manager is referring the alleged breach to the Enforcement Committee, and 29 shall notify the Enforcement Committee in writing of the alleged breach and the proposed liquidated

Manager Action in Response to Apparent Breach. The Manager shall monitor the 20 21 Members’ compliance with the terms and conditions of this Agreement. If the Manager becomes aware 21 22 of an apparent breach of this Agreement by a Member, the Manager shall investigate the matter, and if 22 23 the Manager concludes that a Member has breached this Agreement, the Manager shall notify such 23 24 Member of the apparent breach and (if such breach is reasonably susceptible of cure) provide such 24 25 Member with an opportunity to cure the breach. If such Member fails to demonstrate to the Manager, 25 26 in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the breach within the 26 27 time period directed by the Manager, taking into account the magnitude of the breach and the potential 27 28 consequences of the breach for the Sector and the other Members, the Manager shall notify the 28 29 Member in writing that the Manager is referring the alleged breach to the Enforcement Committee, and 29 30 shall notify the Enforcement Committee in writing of the alleged breach and the proposed liquidated

Manager Action in Response to Apparent Breach. The Manager shall monitor 18 the 20 Members’ compliance with the terms and conditions of this Agreement. If the Manager becomes 19 aware 21 of an apparent breach of this Agreement by a Member, the Manager shall investigate the matter, 20 and if 22 the Manager concludes that a Member has breached this Agreement, the Manager shall notify such 23 21 Member of the apparent breach and (if such breach is reasonably susceptible of cure) provide such 24 22 Member with an opportunity to cure the breach. If such Member fails to demonstrate to the Manager, 25 23 in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the breach within the 26 24 time period directed by the Manager, taking into account the magnitude of the breach and the potential 27 25 consequences of the breach for the Sector and the other Members, the Manager shall notify the 28 Member 26 in writing that the Manager is referring the alleged breach to the Enforcement Committee, and 29 shall notify 27 the Enforcement Committee in writing of the alleged breach and the proposed liquidatedliquidated damages.

Manager Action in Response to Apparent Breach. The Manager shall monitor the 20 18 Members’ compliance with the terms and conditions of this Agreement. If the Manager becomes aware 21 19 of an apparent breach of this Agreement by a Member, the Manager shall investigate the matter, and if 22 20 the Manager concludes that a Member has breached this Agreement, the Manager shall notify such 23 21 Member of the apparent breach and (if such breach is reasonably susceptible of cure) provide such 24 22 Member with an opportunity to cure the breach. If such Member fails to demonstrate to the Manager, 25 23 in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the breach within the 26 24 time period directed by the Manager, taking into account the magnitude of the breach and the potential 27 25 consequences of the breach for the Sector and the other Members, the Manager shall notify the 28 26 Member in writing that the Manager is referring the alleged breach to the Enforcement Committee, and 29 27 shall notify the Enforcement Committee in writing of the alleged breach and the proposed liquidated

Manager Action in Response to Apparent Breach. The Manager shall monitor the 20 11 Members’ compliance with the terms and conditions of this Agreement. If the Manager becomes aware 21 12 of an apparent breach of this Agreement by a Member, the Manager shall investigate the matter, and if 22 13 the Manager concludes that a Member has breached this Agreement, the Manager shall notify such 23 14 Member of the apparent breach and (if such breach is reasonably susceptible of cure) provide such 24 15 Member with an opportunity to cure the breach. If such Member fails to demonstrate to the Manager, 25 16 in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the breach within the 26 17 time period directed by the Manager, taking into account the magnitude of the breach and the potential 27 18 consequences of the breach for the Sector and the other Members, the Manager shall notify the 28 19 Member in writing that the Manager is referring the alleged breach to the Enforcement Committee, and 29 20 shall notify the Enforcement Committee in writing of the alleged breach and the proposed liquidated