Common use of Notice/Cure/Remedies Clause in Contracts

Notice/Cure/Remedies. Except as otherwise provided in this Franchise, if a party (the “Breaching Party”) to this Franchise fails or refuses to perform any of the terms or conditions of this Franchise (a “Breach”), the other party (the “Non-Breaching Party”) may provide written notice to the Breaching Party of such Breach. Upon receipt of such notice, the Breaching Party shall be given a reasonable time, not to exceed 30 days in which to remedy the Breach or, if such Breach cannot be remedied in 30 days, such additional time as reasonably needed to remedy the Breach, but not exceeding an additional 30 day period, or such other time as the parties may agree. If the Breaching Party does not remedy the Breach within the time allowed in the notice, the Non-Breaching Party may exercise the following remedies for such Breach: (1) specific performance of the applicable term or condition to the extent allowed by law; and (2) recovery of actual damages from the date of such Breach incurred by the Non-Breaching Party in connection with the Breach, but excluding any special, punitive or consequential damages.

Appears in 2 contracts

Samples: Settlement Agreement, Franchise Agreement

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Notice/Cure/Remedies. Except as otherwise provided in this Franchise, if a party (the “Breaching Party”) to this Franchise fails or refuses to perform any of the terms or conditions of this Franchise (a “Breach”), the other party (the “Non-Breaching Party”) may provide written notice to the Breaching Party of such Breach. Upon receipt of such notice, the Breaching Party shall be given a reasonable time, not to exceed 30 thirty (30) days in which to remedy the Breach or, if such Breach cannot be remedied in 30 thirty (30) days, such additional time as reasonably needed to remedy the Breach, but not exceeding an additional 30 thirty (30) day period, or such other time as the parties may agree. If the Breaching Party does not remedy the Breach within the time allowed in the notice, the Non-Breaching Party may exercise the following remedies for such Breach: (1) specific performance of the applicable term or condition to the extent allowed by law; and (2) recovery of actual damages from the date of such Breach incurred by the Non-Breaching Party in connection with the Breach, but excluding any special, punitive or consequential damages.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

Notice/Cure/Remedies. Except as otherwise provided in this Franchise, if a party (the “Breaching Party”) to this Franchise fails or refuses to perform any of the terms or conditions of this Franchise (a “Breach”), the other party (the “Non-Breaching Party”) may provide written notice to the Breaching Party of such Breach. Upon receipt of such notice, the Breaching Party shall be given a reasonable time, not to exceed 30 days thirty (30) days, in which to remedy the Breach or, if such Breach cannot be remedied in 30 thirty (30) days, such additional time as reasonably needed to remedy the Breach, but not exceeding an additional 30 thirty (30) day period, or such other time as the parties may agree. If the Breaching Party does not remedy the Breach within the time allowed in the notice, the Non-Breaching Party may exercise the following remedies for such Breach: (1) specific performance of the applicable term or condition to the extent allowed by law; and (2) recovery of actual damages from the date of such Breach incurred by the Non-Breaching Party in connection with the Breach, but excluding any special, punitive or consequential damages.

Appears in 1 contract

Samples: Franchise Agreement

Notice/Cure/Remedies. Except as otherwise provided in this Franchise, if a party (the “Breaching Party”) to this Franchise fails or refuses to perform any of the terms or conditions of this Franchise (a “Breach”), the other party (the “Non-Breaching Party”) may provide written notice to the Breaching Party of such Breach. Upon receipt of such notice, the Breaching Party shall be given a reasonable time, not to exceed 30 days thirty (30) days, in which to remedy the Breach or, if such Breach cannot be remedied in 30 thirty (30) days, such additional time as reasonably needed to remedy the Breach, but not exceeding an additional 30 thirty (30) day period, or such other time as the parties may agree. If the Breaching Party does not remedy the Breach within the time allowed in the notice, the Non-Breaching Party may exercise the following remedies for such Breach: (1) specific performance of the applicable term or condition to the extent allowed by law; andand‌ (2) recovery of actual damages from the date of such Breach incurred by the Non-Breaching Party in connection with the Breach, but excluding any special, punitive or consequential damages.

Appears in 1 contract

Samples: Franchise Agreement

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Notice/Cure/Remedies. Except as otherwise provided in this Franchise, if a party (the “Breaching Party”) to this Franchise fails or refuses to perform any of the terms or conditions of this Franchise (a “Breach”), the other party (the “Non-Breaching Party”) may provide written notice to the Breaching Party of such Breach. Upon receipt of such notice, the Breaching Party shall be given a reasonable time, not to exceed 30 days thirty (30) days, in which to remedy the Breach or, if such Breach cannot be remedied in 30 thirty (30) days, such additional time as reasonably needed to remedy the Breach, but not exceeding an additional 30 thirty (30) day period, or such other time as the parties may agree. If the Breaching Party does not remedy the Breach within the time allowed in the notice, the Non-Breaching Party may exercise the following remedies for such Breach: (1) specific performance of the applicable term or condition to the extent allowed by law; and (2) recovery of actual damages from the date of such Breach incurred by the Non-Non- Breaching Party in connection with the Breach, but excluding any special, punitive or consequential damages.

Appears in 1 contract

Samples: Franchise Agreement

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