Common use of Material Breach or Default by a Consortium Member Clause in Contracts

Material Breach or Default by a Consortium Member. If a Consortium Member materially breaches any material warranty, term or condition of this Agreement, any other Consortium Member may provide notice of such material breach to the CAO/OT Lead. The CAO/OT Lead shall report same to the consortium board of directors that shall review the facts of the willful material breach or default and determine whether the Consortium Member alleged to have materially breached any material term or condition of this Agreement has, in fact, committed such a material breach. Upon such decision, the CAO/OT Lead shall make notification to the offending Consortium Member. If the Consortium Member fails to remedy such material breach within ninety (90) days after receipt of such notice of such material breach from the CAO, at its option, and in addition to any other remedies that the Consortium may have in law or equity, terminate this Agreement with respect to such Consortium Member. If the CAO are unable to reach agreement, the facts of the willful material breach or default shall be submitted for resolution pursuant to Article X.

Appears in 2 contracts

Samples: Consortium Membership Agreement, Consortium Membership Agreement

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Material Breach or Default by a Consortium Member. β€Œ If a Consortium Member materially breaches any material warranty, term or condition of this Agreement, any other Consortium Member may provide notice of such material breach to the CAO/OT Lead. The CAO/OT Lead shall report same to the consortium board Consortium Board of directors Directors that shall review the facts of the willful material breach or default and determine whether the Consortium Member alleged to have materially breached any material term or condition of this Agreement has, in fact, committed such a material breach. Upon such decision, the CAO/OT Lead shall make notification to the offending Consortium Member. If the Consortium Member fails to remedy such material breach within ninety (90) days after the required time identified in the notification. After receipt of such notice of such material breach from the CAO, at its option, and in addition to any other remedies that the Consortium may have in law or equity, terminate this Agreement with respect to such Consortium Member. If the CAO are is unable to reach agreement, the facts of the willful material breach or default shall be submitted for resolution pursuant to Article X.

Appears in 1 contract

Samples: Consortium Membership Agreement

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Material Breach or Default by a Consortium Member. If a Consortium Member materially breaches any material warranty, term or condition of this Agreement, any other Consortium Member may provide notice of such material breach to the CAO/OT Lead. The CAO/OT Lead shall report same to the consortium board Consortium Board of directors Directors that shall review the facts of the willful material breach or default and determine whether the Consortium Member alleged to have materially breached any material term or condition of this Agreement has, in fact, committed such a material breach. Upon such decision, the CAO/OT Lead shall make notification to the offending Consortium Member. If the Consortium Member fails to remedy such material breach within ninety (90) days after the required time identified in the notification. After receipt of such notice of such material breach from the CAO, at its option, and in addition to any other remedies that the Consortium may have in law or equity, terminate this Agreement with respect to such Consortium Member. If the CAO are is unable to reach agreement, the facts of the willful material breach or default shall be submitted for resolution pursuant to Article X.

Appears in 1 contract

Samples: Consortium Membership Agreement

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