Notice of Breach, Cure and Remedies. In the event of a breach by either PathNet or Incumbent (the "BREACHING PARTY"), the other Party (the "NON-BREACHING PARTY") shall send by certified mail a written notice of such breach to the Breaching Party setting forth the specific allegations of such breach. Upon receipt of the notice of breach, the Breaching Party shall have thirty (30) days to cure such breach. In the event the Breaching Party fails to cure such breach, as determined by the Non-Breaching Party in its sole discretion, or the Breaching Party determines, in its sole discretion, that it has cured such breach, either the Breaching Party or the Non-Breaching Party may invoke the arbitration procedures set forth in SECTION 18.2 to resolve whether such breach has been cured.
Appears in 2 contracts
Samples: Security Agreement (Pathnet Inc), Fixed Point Microwave Services Agreement (Pathnet Inc)
Notice of Breach, Cure and Remedies. In the event of a material breach by either PathNet or Incumbent (the "BREACHING PARTY"), the other Party (the "NON-BREACHING PARTY") shall send by certified mail a written notice of such material breach to the Breaching Party setting forth the specific allegations of such breach. Upon receipt of the notice of breach, the Breaching Party shall have thirty (30) days to cure such breach. In the event the Breaching Party fails to cure such breach, as determined by the Non-Breaching Party in its sole discretion, or and the Breaching Party determines, in its sole discretion, that it has cured such breach, either the Breaching Party or the Non-Breaching Party may invoke the arbitration procedures set forth in SECTION 18.2 17.2 to resolve whether such breach has been cured.
Appears in 2 contracts
Samples: Escrow Agreement (Pathnet Inc), Fixed Point Microwave Services Agreement (Pathnet Inc)
Notice of Breach, Cure and Remedies. In the event of a material breach by either PathNet or Incumbent (the "BREACHING PARTY"), the other Party (the "NON-NON- BREACHING PARTY") shall send by certified mail a written notice of such material breach to the Breaching Party setting forth the specific allegations of such breach. Upon receipt of the notice of breach, the Breaching Party shall have thirty (30) days to cure such breach. In the event the Breaching Party fails to cure such breach, as determined by the Non-Breaching Party in its sole discretion, or the Breaching Party determines, in its sole discretion, that it has cured such breach, either the Breaching Party or the Non-Breaching Party may invoke the arbitration procedures set forth in SECTION 18.2 16.2 to resolve whether such breach has been cured.
Appears in 2 contracts
Samples: Fixed Point Microwave Services Agreement (Pathnet Inc), Pathnet Inc
Notice of Breach, Cure and Remedies. In the event of a material breach by either PathNet Pathnet or Incumbent (the "BREACHING PARTYBreaching Party"), the other Party (the "NONNon-BREACHING PARTYBreaching Party") shall send by certified mail a written notice of such material breach to the Breaching Party setting forth the specific allegations of such breach. Upon receipt of the notice of breach, the Breaching Party shall have thirty (30) days to cure such breach. In the event the Breaching Party fails to cure such breach, as determined by the Non-Breaching Party in its sole discretion, or the Breaching Party determines, in its sole discretion, that it has cured such breach, either the Breaching Party or the Non-Breaching Party may invoke the arbitration procedures set forth in SECTION 18.2 Section 17.2 to resolve whether such breach has been cured.
Appears in 2 contracts
Samples: Escrow Agreement (Pathnet Inc), Fixed Point Microwave Services Agreement (Pathnet Inc)
Notice of Breach, Cure and Remedies. In the event of a material breach by either PathNet Pathnet or Incumbent the LLC (the "BREACHING PARTYBreaching Party"), ) the other Party (the "NONNon-BREACHING PARTYBreaching Party") shall send by certified mail a written notice of such material breach to the Breaching Party setting forth the specific allegations of such breach. Upon receipt of the notice of breach, the Breaching Party shall have thirty (30) days to cure such breach. In the event the Breaching Party fails to cure such breach, as determined by the Non-Breaching Party in its sole discretion, or the Breaching Party determines, in its sole discretion, that it has cured such breach, either the Breaching Party or the Non-Breaching Party may invoke the arbitration settlement procedures set forth in SECTION 18.2 Section 17 to resolve whether such breach has been cured.
Appears in 2 contracts
Samples: Pledge Agreement (Pathnet Inc), Pathnet Inc
Notice of Breach, Cure and Remedies. In the event of a material breach by either PathNet or Incumbent (the "BREACHING PARTYBreaching Party"), the other Party (the "NONNon-BREACHING PARTYBreaching Party") shall send by certified mail a written notice of such material breach to the Breaching Party setting forth the specific allegations of such breach. Upon receipt of the notice of breach, the Breaching Party shall have thirty (30) days to cure such breach. In the event the Breaching Party fails to cure such breach, as determined by the Non-Breaching Party in its sole discretion, or and the Breaching Party determines, in its sole discretion, that it has cured such breach, either the Breaching Party or the Non-Breaching Party may invoke the arbitration procedures set forth in SECTION 18.2 Section 15.2 to resolve whether such breach has been cured.
Appears in 1 contract
Notice of Breach, Cure and Remedies. In the event of a material breach by either PathNet Pathnet or Incumbent (the "BREACHING PARTYBreaching Party"), the other Party (the "NONNon-BREACHING PARTYBreaching Party") shall send by certified mail a written notice of such material breach to the Breaching Party setting forth the specific allegations of such breach. Upon receipt of the notice of breach, the Breaching Party shall have thirty (30) days to cure such breach. In the event the Breaching Party fails to cure such breach, as determined by the Non-Breaching Party in its sole discretion, or and the Breaching Party determines, in its sole discretion, that it has cured such breach, either the Breaching Party or the Non-Breaching Party may invoke the arbitration procedures set forth in SECTION 18.2 Section 17.2 to resolve whether such breach has been cured.
Appears in 1 contract
Samples: Escrow Agreement (Pathnet Inc)