Material Failure. 9.1 Every material failure in the (timely) fulfilment of the Supplier’s obligations shall give Wavin the right to terminate the Agreement in accordance with clause 12.2.
Material Failure. (i) Subject to Section 11.2.4(a)(ii), Novartis will have the right to terminate this Agreement in its entirety if any of the following events occurs:
Material Failure. If Sprint materially fails to provide Products or Services, Customer may terminate the affected Products or Services without early termination liability if Customer provides Sprint with written notice of the failure and a reasonable opportunity to cure within 30 days from receipt of notice. If Sprint fails to cure, then Customer may terminate the affected Products or Services effective 30 days after Sprint’s receipt of Customer’s written notice to terminate. Sprint’s material failure does not include a failure caused by circumstances not within Sprint’s sole control, including, but not limited to, a failure caused by a third party access provider, Customer-provided software or equipment, or Customer.
Material Failure. If CenturyLink materially fails to provide a Product or Service and CenturyLink fails to cure after Customer provides CenturyLink with written notice of the failure and a reasonable opportunity to cure within 30 days from receipt of notice, Customer may terminate the affected Products or Services without early termination liability 30 days after CenturyLink’s receipt of Customer’s written notice to terminate. CenturyLink’s material failure does not include a failure caused by circumstances outside CenturyLink’s sole control, a failure caused by a third party access provider, a Force Majeure Event, or Customer or Customer-provided software or equipment.
Material Failure. End User may terminate a Product or Service upon Sprint’s receipt of End User’s written notice to terminate after the cure period if (1) Sprint materially fails to provide the Product or Service, (2) End User provides Sprint with written notice of the failure and a reasonable opportunity to cure within 30 days from receipt of notice, (3) Sprint fails to cure the material failure within the 30-day cure period, and (4) End User provides Sprint with written notice of Sprint’s failure to cure and End User’s election to terminate the affected Product or Service. Sprint’s material failure does not include a failure caused by End User or a failure identified in the “Force Majeure” section.
Material Failure. If (i) T-Mobile materially fails to provide a Product or Service (unless T-Mobile is exercising its rights under the Suspension or Termination for Cause section), (ii) Customer provides T-Mobile with written notice of the failure and a reasonable opportunity to cure within 30 days from receipt of notice, (iii) T-Mobile fails to cure the material failure within the 30-day cure period, and (iv) Customer provides T-Mobile with written notice of T-Mobile’s failure to cure and Customer’s election to terminate the affected Product or Service, then Customer may terminate such Product or Service without early termination liability. T-Mobile’s material failure does not include a failure caused by Customer or a Force Majeure Event. If T-Mobile disputes the basis for Customer’s termination, T-Mobile must invoke the negotiation process outlined in the Dispute Resolution section below.
Material Failure. Licensee’s material failure to perform in accordance with Sections 4.1 or 4.2 may, subject to Section 2 of Exhibit C, constitute a material failure to which Section 15.3 applies.
Material Failure. If (i) Sprint materially fails to provide a Product or Service (unless Sprint is exercising its rights under the Suspension or Termination for Cause section), (ii) Customer provides Sprint with written notice of the failure and a reasonable opportunity to cure within 30 days from receipt of notice, (iii) Sprint fails to cure the material failure within the 30-day cure period, and (iv) Customer provides Sprint with written notice of Sprint’s failure to cure and Customer’s election to terminate the affected Product or Service, then Customer may terminate such Product or Service without early termination liability. Sprint’s material failure does not include a failure caused by Customer or a Force Majeure Event. If Sprint disputes the basis for Customer’s termination, Sprint must invoke the negotiation process outlined in the Dispute Resolution section below.
Material Failure. If Sprint materially fails to provide Services, Customer will provide prompt written notice to Sprint detailing the failure. If Sprint does not cure the failure within a reasonable time, which will be negotiated in good faith between Customer and Sprint, Customer may, with 30 days written notice, terminate this Agreement without incurring any termination liability. Sprint’s material failure does not include a failure caused by circumstances not within Sprint’s sole control, including, but not limited to, a failure caused by: (a) a local exchange carrier; (b) Customer premise equipment; or (c) Customer.
Material Failure. Customer agrees to provide prompt written notice to Sprint of any material failure by Sprint to provide Products and Services as set forth in this Agreement. If Sprint fails to cure the material failure within a reasonable time, Customer may terminate the affected Products and Services on 30 days' written notice to Sprint. A material failure by Sprint will not include a failure caused by the local Web Side Story - Cover Agreement January 28, 1999 (1 of 2) SPRINT PROPRIETARY INFORMATION Agreement No. BSG9811-261 exchange carrier, Customer Premise Equipment, Customer or any other failure caused by circumstances outside the sole control of Sprint.
