Non-Monetary Default. The occurrence of any of the following, except to the extent constituting a Monetary Default: (a) any failure of a Party to perform any of such Party’s obligations under this Agreement; (b) any failure of a Party to comply with any material restriction or prohibition in this Agreement; or (c) any other event or circumstance that, with passage of time or giving of Notice, or both, would constitute a breach of this Agreement by a Party.
Non-Monetary Default. Failure in the performance of any of the agreements, conditions, covenants, provisions or stipulations contained in the Loan Documents which is not cured within one hundred twenty (120) days from written notice thereof from the Lender to the Borrower.
Non-Monetary Default. Should either APT or Loral Orion fail to cure a material breach of any provisions of this Agreement (other than provisions regarding payment of monies, which are provided for in Paragraph 20.1 above) within forty-five (45) days after receipt of written notice from the other party outlining such breach, then the other, non-breaching party shall have the right to terminate this Agreement (but, for the PROPRIETARY <PAGE> avoidance of doubt, without prejudice to the APT Leasehold Interest) and to claim damages from the party in breach in accordance with the provisions of Paragraph 20.4 hereof. 20.3 In the event Loral Orion fails to make timely payment of any amount due on a Termination Date pursuant to Paragraph 3.1, APT shall retain its leasehold interest in the related Remaining Loral Transponders (and all other Remaining Loral Transponders for which payment has not yet been made in full) and all proceeds therefrom and shall not be required to obtain Loral Orion's consent to enter into commercially reasonable lease agreements for such Remaining Loral Transponders, even if such lease or other rights would extend beyond the relevant Termination Date but Loral Orion's consent right with respect to future lease agreements which extend beyond the relevant Termination Date shall be reinstated at such time as it shall have cured its payment default. If such delay continues for a period of nine (9) months after the scheduled Termination Date, Loral Orion shall no longer be entitled to terminate the APT Leasehold Interest in the relevant Remaining Loral Transponders as provided in Paragraph 2.4.2 of this Agreement. 20.4 If the other party suffers any cost, liability or loss as a direct result of a material breach of this Agreement by any party, and such breach shall not have been cured by such party within forty-five (45) days from receipt of notice of breach, the party in breach shall indemnify and hold the non-breaching party harmless in respect of any such cost, liability or loss; provided always, however, that in no event shall a party be liable under any theory of tort, contract, strict liability, or other legal or equitable theory, for any indirect, special, incidental, or consequential loss or damage (including without limitation, loss of profit or business opportunity). ARTICLE 21 CONFIDENTIALITY 21.1 No press release, announcement or disclosure to a third party concerning the transactions contemplated hereby will be made by any party hereto without the prior...
Non-Monetary Default. Any Non-Monetary Default, other than those specifically addressed in Section 2.21.2, Section 2.21.3, or Section 2.21.4, that is not cured within thirty (30) days after Notice to the Party in Default describing the Non-Monetary Default in reasonable detail. In the case of such a Non-Monetary Default that cannot with reasonable diligence be cured within thirty (30) days after the effective date of a Notice of Default, the Party asserted to be in Default shall only be in Default if such Party does not do all of the following: (a) within thirty (30) days after Notice of such Non-Monetary Default, advise the other Party of the intention of the Party in Default to take all reasonable steps to cure such Non-Monetary Default;
Non-Monetary Default. A violation by the Student of any of the other terms and conditions of this Agreement, unless such violation is, in the College’s sole judgment, curable and the Student does cure such violation to the College’s satisfaction during the Three-Day Period;
Non-Monetary Default. If any representation or warranty provided for herein proves to be materially inaccurate, or if either party breaches any non-monetary covenant provided for herein or defaults in the performance of any non-monetary term, condition, or provision of this Agreement and the default is not cured within thirty (30) days (if capable of being cured within that time) after the non-defaulting party gives written notice to the defaulting party of such default, the non-defaulting party shall have the right to terminate this Agreement immediately upon the expiration of such thirty (30) day period. If the nature of the default is such that more that thirty (30) days are required for cure, the non-defaulting party shall have the right to terminate upon written notice if the defaulting party fails to commence efforts to cure such default within the thirty (30) day period and in any event such cure is not completed within 75 days of the commencement of such 30-day period.
Non-Monetary Default. If a Non-Monetary Default shall occur and the Non-Monetary Default shall continue and not be remedied by Tenant within ninety (90) days after Landlord shall have delivered to Tenant a Notice describing the same in reasonable detail, or, in the case of a Non-Monetary Default that cannot with due diligence be cured within ninety (90) days from such Notice, if Tenant shall not (x) within ninety (90) days from Landlord's Notice advise Landlord of Tenant's intention to take all reasonable steps necessary to remedy such Non-Monetary Default; (y) duly commence the cure of such Non-Monetary Default within such period, and then diligently prosecute to completion the remedy of the Non-Monetary Default; and (z) complete such remedy within a reasonable time under the circumstances. 29.2
Non-Monetary Default. Any Non-Monetary Default, other than those specifically addressed in Section 2.29.2 or Section 2.29.3 that is not cured within thirty (30) days after Notice to the Party in Default describing the Non-Monetary Default in reasonable detail. In the case of such a Non-Monetary Default that cannot with reasonable diligence be cured within thirty (30) days after the effective date of a Notice of Default, the Party asserted to be in Default shall only be in Default if such Party does not do all of the following: (a) within thirty (30) days after Notice of such Non-Monetary Default, advise the other Party of the intention of the Party in Default to take all reasonable steps to cure such Non-Monetary Default; (b) duly commence such cure within such thirty (30) day period; and (c) diligently prosecute such cure to completion within a reasonable time under the circumstances.
Non-Monetary Default. The term "Non-Monetary Default" means any failure by Tenant to comply with any terms or provisions of, or perform as required by, this Restated Lease, other than a Material Monetary Default or a Non-Material Monetary Default. A Bankruptcy Default shall be considered a Non-Monetary Default.
Non-Monetary Default. The Borrower fails to perform or observe any obligation of the Borrower to the Agent or the Banks under the Credit Documents (other than as set forth in subsection (a), above) or any other term, covenant or other provision in any Credit Document in accordance with the terms thereof and, if such default is curable (it being specifically agreed that no default may be cured after the Termination Date), the Borrower fails to cure such default within five days after the earlier to occur of: (i) the knowledge of the Borrower, or (ii) written notice from the Agent (provided, however, nothing herein shall be deemed to require the Agent to give the Borrower notice of any default); or
