Notice and Cure Opportunity. If such termination is with Good Reason, the Employee will give the Company written notice, which will identify with reasonable specificity the grounds for the Employee’s resignation and provide the Company with 15 days from the day such notice is given to cure the alleged grounds for resignation contained in the notice. A termination will not be for Good Reason if such notice is given by the Employee to the Company more than 30 days after the occurrence of the event that the Employee alleges is Good Reason for the Employee’s termination hereunder.
Notice and Cure Opportunity. If such termination is for Good Reason, the Employee will give the Company written notice, which will identify with reasonable specificity the grounds for the Employee’s resignation and provide the Company with 30 days from the day such notice is given to cure the alleged grounds for resignation contained in the notice. A termination will not be for Good Reason if such notice is given by the Employee to the Company more than 45 days after the first occurrence of the event that the Employee alleges is Good Reason for the Employee’s termination hereunder. The Employee must actually terminate Employee’s employment within 30 days following the expiration of the Company’s 30-day cure period. Otherwise, any claim of such circumstances constituting “Good Reason” shall be deemed irrevocably waived by the Employee.
Notice and Cure Opportunity. No such default described in subsection (A) of this Section shall constitute an Event of Default giving the Design-Builder the right to terminate this Design-Build Agreement for cause under this subsection unless:
(1) The Design-Builder has given prior written notice to the Owner stating that a specified default has occurred which gives the Design-Builder a right to terminate this Design-Build Agreement for cause under this Section, and describing the default in reasonable detail; and
(2) The Owner has neither challenged in an appropriate forum the Design- Builder’s conclusion that such default has occurred or constitutes a material breach of this Design-Build Agreement nor corrected or diligently taken steps to correct such default within a reasonable period of time but not more than 60 days from the date of the notice given pursuant to item (1) above (but if the Owner shall have diligently taken steps to correct such default within a reasonable period of time, the same shall not constitute an Event of Default for as long as the Owner is continuing to take such steps to correct such default).
Notice and Cure Opportunity. No such default described in subsection (A) of this Section will constitute an Event of Default giving the Company the right to terminate this Contract for cause under this subsection unless:
(1) The Company has given prior written notice to the County stating that a specified default has occurred, which gives the Company a right to terminate this Contract for cause under this Section, and describing the default in reasonable detail; and
(2) The County has neither challenged in an appropriate forum the Company’s conclusion that such default has occurred or constitutes a material breach of this Contract nor corrected or diligently taken steps to correct such default within a reasonable period of time not to exceed thirty (30) days after the date of the notice given pursuant to the preceding paragraph. Provided, however, if the County shall have diligently taken steps to correct such default within a reasonable period of time, the same shall not constitute an Event of Default for as long as the County is continuing to take such steps to correct such default.
Notice and Cure Opportunity. Prior to any Seller Distributor’s or Buyer Affiliate’s exercising its right under Section 9.3 not to enter into a Distribution Agreement with respect to any Product or New Product, to cease offering any Product or New Product or to cease to undertake or continue with any New Product development project, such person shall provide written notice to the Buyer or Seller, as appropriate, containing a reasonably detailed statement of the grounds for such exercise, and shall afford the recipient a period of thirty (30) days in which to cure the deficiency, unless such deficiency is not capable of being cured. No Seller Distributor or Buyer Affiliate, as appropriate, shall be required to continue to distribute any Product or New Product pending any cure period, if the offering of such Product or New Product would reasonably be expected to (i) violate applicable Law or (ii) conflict with the Seller Standards and Practices. It is the parties’ intention to bring concerns regarding the Products or the distribution thereof to the Product and Sales Committee before they rise to a level warranting a deficiency notice under this provision, and the parties shall in good faith use that forum to seek to resolve such concerns.
Notice and Cure Opportunity. The DBOM Contractor acknowledges that the BWS has an immediate termination right upon the occurrence of any of the Events of Default listed in subsection (A) (Events of Default Not Requiring Previous Notice or Cure Opportunity for Termination) of this Section and that the DBOM Contractor has no further right of notice or cure in such circumstances of default. Conversely, no default listed in subsection (B) (Events of Default Requiring Previous Notice and Cure Opportunity for Termination) of this Section shall constitute an Event of Default giving the BWS the right to terminate this Service Agreement for cause under this Section unless:
(1) The BWS has given prior written notice to the DBOM Contractor (and its Surety) stating that a specified default has occurred which gives the BWS a right to terminate this Service Agreement for cause under this Section, and describing the default in reasonable detail; and Board of Water Supply, City and County of Honolulu Kalaeloa Seawater Desalination Facility Design-Build-Operate-Maintain Project Service Agreement Article 17 - Breach, Default, Remedies and Termination
(2) The DBOM Contractor has not initiated within a reasonable time (in any event not more than 30 days from the initial default notice) and continued with due diligence to carry out to completion all actions reasonably necessary to correct the default and prevent its recurrence. If the DBOM Contractor shall have initiated within such reasonable time and continued with due diligence to carry out to completion all actions required under item (2) above, the default shall not constitute an Event of Default during such period of time (in any event not more than 60 days from the initial default notice) as the DBOM Contractor shall continue with due diligence to carry out to completion all such actions.
Notice and Cure Opportunity. No such default described in subsection (A) of this Section shall constitute an Event of Default giving the Design-Builder the right to terminate this Design-Build Contract for cause under this subsection (B) unless:
(1) The Design-Builder has given prior written notice to the City stating that a specified default has occurred which gives the Design-Builder a right to terminate this Design-Build Contract for cause under this Section, and describing the default in reasonable detail; and
(2) The City has neither challenged in an appropriate forum the Design-Builder’s conclusion that such default has occurred nor initiated within a reasonable time (in any event not more than 30 days from the initial default notice) and continued with due diligence to carry out to completion all actions reasonably necessary to correct the default and prevent its recurrence. If the City shall have initiated and continued with due diligence to carry out to completion all actions required under item (2), above, the default shall not constitute an Event of Default during such period of time (in any event not more than 60 days from the initial default notice) as the City shall continue with due diligence to carry out to completion all such actions.
Notice and Cure Opportunity. No such default described in subsections (A)(1) or (A)(2) of this Section shall constitute an Event of Default giving the Company the right to terminate this Service Agreement for cause under this Subsection unless:
(1) The Company has given prior written notice to the WPCA stating that a specified default exists which gives the Company a right to terminate this Service Agreement for cause under this Section, and describing the default in reasonable detail; and
(2) The WPCA has not initiated within a reasonable amount of time (in any event not more than 30 days from the initial default notice) and continued with due diligence to carry out to completion all actions reasonably necessary to correct the default arid prevent its recurrence; except that if the WPCA shall have initiated within such reasonable time and continued with due diligence to carry out to completion all such actions (which completion in any event shall not be more than 120 days from the initial default notice), the default shall not constitute an Event of Default during such period of time as the WPCA shall continue with due diligence to carry out to completion all such actions.
Notice and Cure Opportunity. No such default described in subsection (A) of this Section shall constitute an Event of Default giving the Design-Build Contractor the right to terminate this Design-Build Agreement for cause under this subsection unless:
(1) The Design-Build Contractor has given prior written notice to the Sewer District stating that a specified default which gives the Design-Build Contractor a right to terminate this Design-Build Agreement for cause under this Section, describing the default in reasonable detail; and
(2) The Sewer District has neither challenged in an appropriate forum the Design-Build Contractor’s conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Design-Build Agreement nor corrected or diligently taken steps to correct such default within a reasonable period of time but not more than thirty (30) days from the date of the notice given pursuant to the preceding paragraph. If the Sewer District shall have diligently taken steps to correct such default within a reasonable period of time, the same shall not constitute an Event of Default for as long as the Sewer District is continuing to take such steps to correct such default.
Notice and Cure Opportunity. No such default described in subsection (A) of this Section shall constitute an Event of Default giving the Company the right to terminate this Contract for cause under this subsection unless (1) the Company has given prior written notice to SRWA stating that a specified default has occurred which gives the Company a right to terminate this Contract for cause under this Section, and describing the default in reasonable detail, and (2) SRWA has not initiated within a reasonable time (in any event not more than 30 days from the initial default notice) and continued with due diligence to carry out to completion all actions reasonably necessary to correct the default and prevent its recurrence.
