Notice of Breach and Right to Cure. Except as otherwise provided herein, in the event of default or breach (“Default”) by either party hereto, the defaulting party shall, upon written notice from the other, cure or remedy such Default within 30 days after receipt of notice and demand to cure providing, however, that if the Default is one that cannot reasonably be cured with said 30 days, the defaulting party must diligently and faithfully pursue cure, and if the Default is not then remedied or cured with a reasonable time, or if the defaulting party fails to faithfully and diligently pursue cure, then (in any of the events described above) the aggrieved party may institute such proceedings and/or take such action to secure any rights as the aggrieved party may have available to it hereunder or at law or in equity, including, but not limited to, an action to compel specific performance and/or seeking damages.
Notice of Breach and Right to Cure. In all cases of alleged breach by BAT of this Agreement entitling 22nd Century to terminate this Agreement under Section 6.04, 22nd Century must give BAT sixty (60) days’ prior written notice of such breach including the remedy sought, be it termination of this Agreement or another remedy (“Breach Notice”). The Breach Notice must also specify the articles and sections of this Agreement which are claimed to have been breached and must contain a description of the event(s) or occurrence(s) claimed to constitute a breach. In all cases, BAT shall have sixty (60) days from the date of receipt of the Breach Notice to cure the alleged breach or in good faith to dispute the existence of a breach. If the claimed breach is cured within sixty (60) days, this Agreement shall not terminate. If BAT fails to cure the alleged breach by BAT within sixty (60) days of the Breach Notice, this Agreement shall terminate upon the expiration of the sixty (60) days, unless BAT initiates arbitration against such termination under this Agreement, in which case the termination of this Agreement or another remedy related thereto will not be effective and will be subject to the following: (i) if it is decided in a final unappealable or unappealed decision in such arbitration or an appeal thereof in accordance with Section 11.02 that the breach identified in such Breach Notice did not occur or did not entitle 22nd Century to a termination of this Agreement, or that the prerequisites of the termination do not exist, the termination shall be ineffective ab initio, or (ii) if it is decided in a final unappealable or unappealed decision in such arbitration or an appeal thereof in accordance with Section 11.02 that the breach identified in such Breach Notice occurred, that 22nd Century was entitled to the termination of this Agreement for such breach, and that the prerequisites of such termination exist, BAT shall have the right to cure such breach within thirty (30) days of receiving such decision, in which case the termination shall be ineffective, or absent such cure shall become effective at the end of such thirty (30) day period. Any Breach Notice shall not prejudice any Party’s rights and obligations under this Agreement, including without limitation, 22nd Century’s right to receive monetary sums due hereunder.
Notice of Breach and Right to Cure. Subject to the additional provisions set forth herein, neither party shall be considered to be in default hereunder unless the failure of such party is not cured within thirty (30) days after receipt of written notice and demand to cure, providing however, that if the failure is one that cannot be reasonably cured within thirty (30) days, the breaching party must diligently and faithfully pursue cure, and if the breach is not then remedied or cured within a reasonable time, the aggrieved party shall have the rights set forth above.
Notice of Breach and Right to Cure. If Company fails to comply with any of the terms or provisions of this Agreement, it shall cure or remedy such breach within five (5) working days of receipt of notice of breach from the City. If Company fails to cure the breach within five (5) working days, the City may immediately terminate this Agreement and revoke any special event permit issued pursuant to this Agreement.
Notice of Breach and Right to Cure. If MMSD commits waste or breaches any covenant or condition of this Agreement, City shall give MMSD written notice of such breach requiring MMSD to repair the waste, vacate the premises, remedy the default, or otherwise comply with the Agreement on or before a date ten (10) days after the giving of the notice. If the MMSD fails to comply with such notice City may declare this Agreement terminated and institute action to expel MMSD from the Premises without limiting liability of MMSD.
Notice of Breach and Right to Cure. If an Event of Default shall occur, and if the defaulting Party fails to faithfully and diligently pursue cure after notice and the applicable period to cure as provided in this Agreement, then the aggrieved Party may institute such proceedings and/or take such action to secure any rights as the aggrieved Party may have available to it hereunder or at law or in equity, including, but not limited to, an action to compel specific performance and/or seek damages.
