Notice/Cure. The Company shall give you written notice prior to terminating your employment for Cause or, if no cure period is applicable, contemporaneous with termination of your employment for Cause, setting forth in reasonable detail the nature of any alleged failure, breach or refusal in reasonable detail and the conduct required to cure such breach, failure or refusal. Except for a failure, breach or refusal which, by its nature, cannot reasonably be expected to be cured, you shall have ten (10) business days from the giving of such notice within which to cure; provided, however, that, if the Company reasonably expects irreparable injury from a delay of ten (10) business days, the Company may give you notice of such shorter period within which to cure as is reasonable under the circumstances, which may include the termination of your employment without notice and with immediate effect.
Notice/Cure. Anything contained in this Agreement to the contrary notwithstanding, neither party shall have failed to perform any material obligation or duty under this Agreement unless and until:
Notice/Cure. Anything contained in this Agreement to the contrary notwithstanding, neither party shall have failed to perform any material obligation or duty under this Agreement unless and until:
(a) Consideration. In the case of a failure to pay any consideration, such failure shall not have been cured within fifteen (15) business days after receipt of written notice thereof from the party demanding payment.
Notice/Cure. Except as provided below, in the event of breach by Licensee or Global Sports (as applicable) of any provision of this Agreement as provided in 17.2(b), (c) or (d), or by Licensor of any provision of this Agreement as provided in 17.3(b), the non-breaching Party shall give the breaching Party notice in writing to cure the breach within sixty (60) days (the "Notice Period"), and if the breach is not cured within such period, the non-breaching Party shall be entitled to exercise any remedies it may have hereunder, in law or equity, including, without limitation, its right to terminate this Agreement effective upon expiration of the Notice Period, provided however, that if such breach is capable of being cured but incapable, by reason of its nature, of being cured within the Notice Period, the non-breaching Party may not terminate this Agreement so long as the breaching Party continues diligently to attempt to cure such breach and such breach is cured within an additional sixty (60) day period. Notwithstanding the foregoing, Licensor shall be deemed to have cured a breach premised upon failure to comply with any of its obligations set forth in Exhibit J in an applicable measurement period by fully complying with such --------- obligation in the first full measurement period after notice of default is received, and Licensee shall be deemed to have cured a breach premised upon failure to achieve any standard set forth in [*]in an applicable measurement --- period by achieving the standard in the first full measurement period after notice of default is received.
Notice/Cure. Sublessee shall cure any failure to perform Sublessee’s obligations under this Sublease or the Lease: (a) within three (3) days after receiving notice of any monetary default, or (b) within ten (10) days after receiving notice of any non-monetary default, except that if Sublessee cannot reasonably cure the non-monetary default within ten (10) days, Sublessee shall have up to thirty (30) days to complete the cure, so long as Sublessee proceeds with due diligence. If Sublessee fails to cure defaults during the grace periods specified above, Sublessor shall have the right to declare a default under this Sublease.
Notice/Cure. If at any time the Lessee fails to make any payment of any Rent on the day it is due and payable, or if the Lessee breaches any other covenant under this Lease, the Lessor shall give written notice thereof to Lessee, but Lessor shall not be entitled to declare this Lease in default unless, in the case of any Rent payable in monthly installments, the payment is not paid within 5 days after its due date (such 5-day period is called a "grace period") and continues for ten (10) days after Lessee receives Lessor's notice that such payment was not made within the grace period, and, in the case of any other breach, the breach continues for thirty (30) days after Lessee receives Lessor's notice to Lessee. In no event, however, shall Lessor be obligated to provide more than one notice of an overdue monthly installment of Rent in any one Lease Year, and after Lessee has received one such notice in any Lease Year, then, for the remainder of that Lease Year, Lessee shall be afforded the grace period only with respect to such monthly installments. However, nothing contained herein shall be construed as precluding the Lessor from having any other remedy that may be necessary to preserve its right and its interest in the Demised Premises and this Lease, even before expiration of the grace or notice periods provided for in this Section, if under the then existing circumstances, the allowance of the grace or the notice period would prejudice or endanger the Lessor's rights, estate and interest in this Lease or the Demised Premises.
Notice/Cure. (a) From the date of this Agreement until the earlier of the termination of this Agreement or the Closing, Seller, Buyer and their respective Affiliates shall promptly notify each other in writing of, and will use commercially reasonable efforts to cure before the Closing Date, any event, transaction or circumstance, after it becomes known to such party, that causes or will cause any covenant or agreement of Seller or of Buyer under this Agreement to be breached in any material respect or that renders or will render untrue in any material respect any representation or warranty of Seller or of Buyer contained in this Agreement, or that would reasonably be expected to result in a Buyer Material Adverse Effect or a Seller Material Adverse Effect or the failure of such party to timely satisfy any of the closing conditions specified in Article VII. Nothing contained in Section 6.1 shall prevent Seller from giving such notice, using such efforts or taking any action to cure or curing any such event, transaction or circumstance. Without limitation of the foregoing, from the date of this Agreement until the earlier of the termination of this Agreement or the Closing, Buyer and its Affiliates shall (i) promptly notify Seller in writing in the event that the Buyer Operator Agreement is terminated for any reason or are amended or modified in any respect, which notice shall include a copy of any written termination, amendment or modification, or (ii) promptly notify Seller in writing in the event that all or any portion of the Financing becomes unavailable for any reason.
(b) Each party shall have the obligation from time to time prior to the Closing to supplement or amend its respective Disclosure Letter with respect to any matter hereafter arising that, if existing or known at the date of this Agreement, would have been required to be set forth or described in such Disclosure Letter. Any such supplemental or amended disclosure shall be deemed to have cured any breach of any representation or warranty made in this Agreement for purposes of Article IX but will not be deemed to have cured any such breach made in this Agreement nor to have been disclosed as of the date of this Agreement for purposes of determining whether or not the conditions set forth in Article VII hereof have been satisfied.
Notice/Cure. Either party may terminate this Agreement for (i) the other party’s material breach of this Agreement or (ii) the other party’s material breach of the Exclusive License Agreement (a breach described in the foregoing clauses (i) and (ii) shall be referred to as a Material Breach), which Material Breach remains uncured ninety (90) days after the non-breaching party notified the breaching party in writing of the alleged Material Breach, describing with particularity the alleged Material Breach, and explicitly stating that: the writing is a notice under this Section, the breach is a Material Breach, and the breach must be cured within ninety (90) days in order for the breaching party to retain its rights under this Agreement. Email shall not be deemed a writing for purpose of this Section 7.3.
Notice/Cure. If the actual average Monthly pressure at a Delivery Point exceeds the applicable Maximum Gathering Line Pressure on an average Daily basis over any one (1) Month, Company shall have a period (the “Delivery Pressure Cure Period”) within Section 6 Delivery Pressures which to complete a cure of such excessive pressure condition, such period extending from and after the date of Company’s receipt of a written notice or demand for cure by Supplier (“Notice Date”) to the end of the first full Month the first Day of which is sixty (60) or more Days after such Notice Date. Any such excessive pressure condition shall be cured or remedied for purposes of this Section 6 when the actual average Monthly pressure at a Delivery Point does not exceed the applicable Maximum Gathering Line Pressure on an average Daily basis over any one (1) Month.
Notice/Cure. In the event the Company fails to pay the Community Benefit Fee by the date due under this Community Benefit Agreement (a “Monetary Breach”), the Town Board shall provide written notice of the alleged Monetary Breach specifying the details of the alleged Monetary Breach and the amount due. The Company shall cure any Monetary Breaches within ten (10) business days after receipt of such notice.
