Common use of Notice and Opportunity to Cure Breach Clause in Contracts

Notice and Opportunity to Cure Breach. In the event of any claimed breach of this Appendix by either party, the aggrieved party may give written notice of such claimed breach as provided in this section. (a) The notice shall set forth in reasonable detail: (1) the conduct or circumstances complained of, together with the complaining party’s legal basis for asserting that a breach has occurred; (2) the action believed necessary to cure the alleged breach; and (3) any other matter the complaining party desires to include in the notice. (b) Except as provided in Section 24.02 and subsection (c) of this section, the complaining party shall not be entitled to pursue any remedies available under this Appendix or relevant law unless such notice is given and (1) the breaching party fails to cure the breach within 30 days of such notice, if the breach is one which can be cured within 30 days, or (2) the breaching party fails to commence promptly and pursue diligently a cure of the breach, if the required cure is such that more than 30 days will be required to effect such cure; provided, however, that nothing contained in this section shall preclude either party from invoking the dispute resolution procedures set forth in Article 30 of this Appendix, or any complaint or dispute resolution procedures offered by the FCC or State Commission, at any time. (c) Nothing contained in this section shall preclude either party from filing a complaint or bringing suit in any court, agency, or other tribunal of competent jurisdiction to restrain or enjoin any conduct of the other party which threatens the complaining party with irreparable injury, loss or damage without first giving the notice otherwise required by subsection (b).

Notice and Opportunity to Cure Breach. In the event of any claimed breach of this Appendix by either party, the aggrieved party may give written notice of such claimed breach as provided in this section. (a) The notice shall set forth in reasonable detail: (1) the conduct or circumstances complained of, together with the complaining party’s legal basis for asserting that a breach has occurred; (2) the action believed necessary to cure the alleged breach; and (3) any other matter the complaining party desires to include in the notice. (b) Except as provided in Section 24.02 22.02 and subsection (c) of this section, the complaining party shall not be entitled to pursue any remedies available under this Appendix or relevant law unless such notice is given and (1) the breaching party fails to cure the breach within 30 days of such notice, if the breach is one which can be cured within 30 days, or (2) the breaching party fails to commence promptly and pursue diligently a cure of the breach, if the required cure is such that more than 30 days will be required to effect such cure; provided, however, that nothing contained in this section shall preclude either party from invoking the dispute resolution procedures set forth in Article 30 of this Appendix, or any complaint or dispute resolution procedures offered by the FCC or State Commission, at any time. (c) Nothing contained in this section shall preclude either party from filing a complaint or bringing suit in any court, agency, or other tribunal of competent jurisdiction to restrain or enjoin any conduct of the other party which threatens the complaining party with irreparable injury, loss or damage without first giving the notice otherwise required by subsection (b).

Notice and Opportunity to Cure Breach. In the event of any claimed breach of this Appendix Agreement by either party, the aggrieved party may give written notice of such claimed breach as provided in this section. (a) The notice shall set forth in reasonable detail: (1) the conduct or circumstances complained of, together with the complaining party’s legal basis for asserting that a breach has occurred; (2) the action believed necessary to cure the alleged breach; and (3) any other matter the complaining party desires to include in the notice. (b) Except as provided in Section 24.02 25.02 and subsection (c) of this section, the complaining party shall not be entitled to pursue any remedies available under this Appendix Agreement or relevant law unless such notice is given and (1) the breaching party fails to cure the breach within 30 days of such notice, if the breach is one which can be cured within 30 days, or (2) the breaching party fails to commence promptly and pursue diligently a cure of the breach, if the required cure is such that more than 30 days will be required to effect such cure; provided, however, that nothing contained in this section shall preclude either party from invoking the dispute resolution procedures set forth in Article 30 of this AppendixAgreement, or any complaint or dispute resolution procedures offered by the FCC or State Commission, at any time. (c) Nothing contained in this section shall preclude either party from filing a complaint or bringing suit in any court, agency, or other tribunal of competent jurisdiction to restrain or enjoin any conduct of the other party which threatens the complaining party with irreparable injury, loss or damage without first giving the notice otherwise required by subsection (b).

Notice and Opportunity to Cure Breach. In the event of any claimed breach of this Appendix Agreement by either party, the aggrieved party may give written notice of such claimed breach as provided in this section. (a) The notice shall set forth in reasonable detail: (1) the conduct or circumstances complained of, together with the complaining party’s legal basis for asserting that a breach has occurred; (2) the action believed necessary to cure the alleged breach; and (3) any other matter the complaining party desires to include in the notice. (b) Except as provided in Section 24.02 25.02 and subsection (c) of this section, the complaining party shall not be entitled to pursue any remedies available under this Appendix Agreement or relevant law unless such notice is given and (1) the breaching party fails to cure the breach within 30 days of such notice, if the breach is one which can be cured within 30 days, or (2) the breaching party fails to commence promptly and pursue diligently a cure of the breach, if the required cure is such that more than 30 days will be required to effect such cure; provided, however, that nothing contained in this section shall preclude either party from invoking the dispute resolution procedures set forth in Article 30 of this AppendixAgreement, or any complaint or dispute resolution procedures offered by the FCC or State Commission, at any time. (c) Nothing contained in this section shall preclude either party from filing a complaint or bringing suit in any court, agency, or other tribunal of competent jurisdiction to restrain or enjoin any conduct of the other party which threatens the complaining party with irreparable injury, loss or damage without first giving the notice otherwise required by subsection (b).

Notice and Opportunity to Cure Breach. In the event of any claimed breach of this Appendix Agreement by either party, the aggrieved party may give written notice of such claimed breach as provided in this section. (a) The notice shall set forth in reasonable detail: (1) the The conduct or circumstances complained of, together with the complaining party’s legal basis for asserting that a breach has occurred; (2) the The action believed necessary to cure the alleged breach; and (3) any Any other matter the complaining party desires to include in the notice. (b) Except as provided in Section 24.02 25.02 and subsection (c) of this section, the complaining party shall not be entitled to pursue any remedies available under this Appendix Agreement or relevant law unless such notice is given and (1) the breaching party fails to cure the breach within 30 days of such notice, if the breach is one which can be cured within 30 days, or (2) the breaching party fails to commence promptly and pursue diligently a cure of the breach, if the required cure is such that more than 30 days will be required to effect such cure; provided, however, that nothing contained in this section shall preclude either party from invoking the dispute resolution procedures set forth in Article 30 of this Appendix, or any complaint or dispute resolution procedures offered by the FCC or State Commission, at any time. (c) Nothing contained in this section shall preclude either party from filing a complaint or bringing suit in any court, agency, or other tribunal of competent jurisdiction to restrain or enjoin any conduct of the other party which threatens the complaining party with irreparable injury, loss or damage without first giving the notice otherwise required by subsection (b).Article

Notice and Opportunity to Cure Breach. In the event of any claimed breach of this Appendix by either party, the aggrieved party may give written notice of such claimed breach as provided in this section. (a) The notice shall set forth in reasonable detail: (1) the conduct or circumstances complained of, together with the complaining party’s legal basis for asserting that a breach has occurred; (2) the action believed necessary to cure the alleged breach; and (3) any other matter the complaining party desires to include in the notice. (b) Except as provided in Section 24.02 and subsection (c) of this section, the complaining party shall not be entitled to pursue any remedies available under this Appendix or relevant law unless such notice is given and (1) the breaching party fails to cure the breach within 30 days of such notice, if the breach is one which can be cured within 30 days, or (2) the breaching party fails to commence promptly and pursue diligently a cure of the breach, if the required cure is such that more than 30 days will be required to effect such cure; provided, however, that nothing contained in this section shall preclude either party from invoking the dispute resolution procedures set forth in Article 30 of this Appendixthe General Terms and Conditions, or any complaint or dispute resolution procedures offered by the FCC or State Commission, at any time. (c) Nothing contained in this section shall preclude either party from filing a complaint or bringing suit in any court, agency, or other tribunal of competent jurisdiction to restrain or enjoin any conduct of the other party which threatens the complaining party with irreparable injury, loss or damage without first giving the notice otherwise required by subsection (b).