Common use of NOTICE AND CURE OF BREACH Clause in Contracts

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “Cause” under this Agreement, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days’ prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 6 contracts

Samples: Change in Control Agreement (Captaris Inc), Change in Control Agreement (Captaris Inc), Change in Control Agreement (Captaris Inc)

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NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “Cause” under this Agreementpursuant to the definition of Cause set forth in Section 8.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 5 contracts

Samples: Employment Agreement (Wall Data Inc), Employment Agreement (Wall Data Inc), Employment Agreement (Wall Data Inc)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “Cause” under this Agreement, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days’ prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 5 contracts

Samples: Change in Control Agreement (Captaris Inc), Change in Control Agreement (Captaris Inc), Change in Control Agreement (Captaris Inc)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “pursuant to the definition of "Cause” under this Agreement" set forth in subparagraph 4.5 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten 14 days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten14-day period.

Appears in 4 contracts

Samples: Employment Agreement (Avenue a Inc), Employment Agreement (Avenue a Inc), Employment Agreement (Aquantive Inc)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “pursuant to the definition of "Cause” under this Agreement" set forth in subparagraph 5.4 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten 14 days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten14-day period.

Appears in 3 contracts

Samples: Employment Agreement (Avenue a Inc), Employment Agreement (Avenue a Inc), Employment Agreement (Avenue a Inc)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “Cause” under this Agreementclause (a), (b), (c) or (d) of Section 8.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days’ prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 3 contracts

Samples: Change of Control Agreement (Procyte Corp /Wa/), Change of Control Agreement (Procyte Corp /Wa/), Change of Control Agreement (Procyte Corp /Wa/)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “Cause” under this Agreementpursuant to the definition of Cause set forth in Section 9.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 2 contracts

Samples: Change of Control Agreement (Primus Knowledge Solutions Inc), Change of Control Agreement (Primus Knowledge Solutions Inc)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “Cause” under this Agreementpursuant to the definition of Cause set forth in Section 7.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten 10 days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten10-day period.

Appears in 2 contracts

Samples: Change of Control Agreement (Advanced Digital Information Corp), Change of Control Agreement (Photoworks Inc /Wa)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “Cause” under this Agreementclause (b), (c) or (d) of Section 6.8 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 2 contracts

Samples: Change of Control Agreement (Itron Inc /Wa/), Change of Control Agreement (Itron Inc /Wa/)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “Cause” under this Agreementclause A, B, C, or D of Section 8.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 2 contracts

Samples: Change of Control Agreement (Procyte Corp /Wa/), Change of Control Agreement (Procyte Corp /Wa/)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “pursuant to the definition of "Cause” under this Agreement" set forth in Section 7.4 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days’ (10) days prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 2 contracts

Samples: Employment Agreement (Sysorex Global Holdings Corp.), Employment Agreement (Sysorex Global Holdings Corp.)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes "Cause" under this Agreement, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 1 contract

Samples: Change in Control Agreement (Itron Inc /Wa/)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “Cause” under this Agreementclause (b), (c) or (d) of Section 6.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 1 contract

Samples: Change of Control Agreement (Centerspan Communications Corp)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, Agreement other than any action that constitutes “pursuant to the definition of "Cause” under this Agreement" set forth in subparagraph 5.4 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 1 contract

Samples: Employment Agreement (Driveway Corp)

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NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “Cause” under this Agreementclause (a), (b), (c) or (d) of Section 8.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 1 contract

Samples: Change of Control Agreement (Procyte Corp /Wa/)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “pursuant to the definition of "Cause” under this Agreement" set forth in subparagraph 7.5 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten 14 days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten14-day period.

Appears in 1 contract

Samples: Employment Agreement (Absolutefuture Com)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “pursuant to the definition of "Cause” under this Agreement" set forth in subparagraph 7.4 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 1 contract

Samples: Employment Agreement (Driveway Corp)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “Cause” under this Agreementclause (b), (c) or (d) of Section 5.7 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 1 contract

Samples: Change of Control Agreement (Egghead Inc /Wa/)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “Cause” under this Agreementclause (a), (b), (c) or (d) of Section 5.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days’ prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 1 contract

Samples: Key Executive Severance Agreement (Procyte Corp /Wa/)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “Cause” under this Agreementa breach of clauses (b), (c) or (d) of Section 6.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 1 contract

Samples: Change of Control Agreement (Ag Bag International LTD)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “pursuant to the definition of "Cause” under this Agreement" set forth in Section 8.6 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 1 contract

Samples: Employment and Non Competition Agreement (Sysorex Global Holdings Corp.)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “Cause” under this Agreementclause (b), (c) or (d) of Section 8.8 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 1 contract

Samples: Employment Agreement (Utilx Corp)

NOTICE AND CURE OF BREACH. Except as provided otherwise in Section 5.1(b), whenever Whenever a breach of this Agreement by either party is relied upon as justification for any action taken by the other party pursuant to any provision of this Agreement, other than any action that constitutes “pursuant to the definition of "Cause” under this Agreement" set forth in subparagraph 7.5 hereof, before such action is taken, the party asserting the breach of this Agreement shall give the other party at least ten 10 days' prior written notice of the existence and the nature of such breach before taking further action hereunder and shall give the party purportedly in breach of this Agreement the opportunity to correct such breach during the ten-day period.

Appears in 1 contract

Samples: Voluntary Resignation and Employment Agreement (Pak Mail Centers of America Inc)

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