Notice of Breach; Cure Period Sample Clauses

Notice of Breach; Cure Period. In the event of a breach of a provision of this Agreement, the notice and cure procedures set forth in this paragraph shall apply. The non-breaching party must give the breaching party notice describing the breach and stating the time, as provided herein, within which the breach must be cured. If a provision of this Agreement sets forth a cure period for the breach in question, then that provision shall take precedence over any cure period set forth in this paragraph. No cure period shall be required, except as may be provided otherwise in this Agreement, if this Agreement sets forth specific deadline dates for the obligation allegedly breached. If the breach is of an obligation to pay money, the breaching party shall have five business days to cure the breach after written notice thereof by the non-breaching party. If the breach is a material breach of an obligation relating to the other party’s Confidential Information, including Customer’s use of or access to or disclosure of the Application other than in compliance with the license granted in this Agreement, then the non-breaching party, in its sole discretion, may specify in the notice of breach that no cure period will be permitted. If the breach is other than a breach of the kind described above in this paragraph, then the cure period will be 30 days after the notice of the breach by the non-breaching party.
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Notice of Breach; Cure Period. If there shall a material breach of a representation, warranty, covenant or agreement on the part of a party, the non-breaching party shall give written notice thereof the breaching party. The breaching party shall have thirty (30) days from the date of notice thereof from the non-breaching party to cure such material breach, if such material breach can reasonably be cured within such thirty (30) day period. During such thirty (30) day cure period, if such breach can reasonably be cured within such (30) day period, the non breaching party shall not be permitted to terminate this Agreement by reason of such breach. If this Agreement is terminated pursuant to Section 12.03(d)(iv) above, the Deposit shall be delivered to Seller and Purchaser shall pay to Seller within ten (10) days of demand, the reasonable fees, costs, and expenses incurred by Seller in connection with the transaction which is the subject of this Agreement, including, but not limited to, the reasonable fees, costs and expenses of Seller's attorneys, accountants (to the extent not included in the costs described in Section 5.07), and financial advisors in an amount not to exceed the sum of Five Hundred Thousand Dollars ($500,000)
Sample 1
Notice of Breach; Cure Period. If Contractor Breaches any warranty, covenant, or other provision of this Agreement occurs, then the following notice and cure procedures shall apply.
Sample 1
Notice of Breach; Cure Period. If Contractor Breaches any warranty, covenant, or other provision of this Agreement occurs, then the following notice and cure procedures shall apply. 14.2.1 DCH shall give Contractor notice describing the Breach and stating the time, as provided below, within which the Breach must be cured. If a provision of this Agreement sets forth a specific cure period for the Breach in question, then that provision shall take precedence over any cure period set forth in this Section 14.2. 14.2.2 No cure period is required if: (i) this Agreement sets forth specific deadline dates for the obligation allegedly Breached, or (ii) the termination is to be in connection with the DCH's invocation of the Refund Remedy in accordance herewith, or (iii) this Agreement otherwise states that no cure period is required in connection with the termination in question. Contractor shall have five (5) Business Days to cure the Breach after DCH provides Contractor with written notice of such Breach.
Sample 1
Notice of Breach; Cure Period. If Contractor Breaches any warranty, covenant, or other provision of this Agreement occurs, then the following notice and cure procedures shall apply. 14.2.1 DCH shall give Contractor notice in accordance with Section 17.7, describing the Breach and stating the time, as provided below, within which the Breach must be cured. If a provision of this Agreement sets forth a specific cure period for the Breach in question, then that provision shall take precedence over any cure period set forth in this Section 14.2. 14.2.2 No cure period is required if: (i) this Agreement sets forth specific deadline dates for the obligation allegedly Breached, or (ii) the termination is to be in connection with the DCH’s invocation of the Refund Remedy in accordance herewith, or (iii) this Agreement otherwise states that no cure period is required in connection with the termination in question. 14.2.3 If Contractor’s Breach relates to an obligation to pay money or Contractor’s nonwillful Breach of an obligation relating to DCH’s Intellectual Property Rights, then Contractor shall have five (5) Business Days to cure the Breach after DCH provides Contractor with written notice of such Breach. 14.2.4 If Contractor’s Breach is a willful Breach of an obligation relating to DCH’s Intellectual Property Rights, then DCH may, in its sole and absolute discretion, specify in the notice of Breach that no cure period will be permitted. 14.2.5 If Contractor’s Breach is other than a Breach of the kind described in either Sections 14.2.3 or 14.2.4 of this Agreement, then the cure period will be for thirty (30) days after DCH gave notice of the Breach to Contractor.
Sample 1
Notice of Breach; Cure Period. Either party may terminate this Agreement and the License at any time in the event of a material breach of the terms of this Agreement by the other party if such party fails to cure such breach for a period more than thirty (30) days after the non-breaching party has given written notice to the breaching party specifying such breach. A failure or delay in performance by either party under this Agreement shall not constitute a basis for termination of this Agreement under this if such performance is substantially completed prior to the expiration of the thirty (30) day cure period.
Sample 1
Notice of Breach; Cure Period. In the event of a breach of any warranty, covenant, or other provision of this Agreement or of the note, the following notice and cure procedures shall apply: 12.1.1 The Party not in breach ("Nonbreaching Party") shall give the Party in breach (the "Breaching Party") notice describing the breach and stating the time, as provided below, within which the breach must be cured. 12.1.2 If the breach is a non-monetary obligation of the Breaching Party, then the Breaching Party shall have thirty (30) days to cure the breach after written notice of such breach by the Nonbreaching Party. 12.1.3 If the breach is a monetary obligation of the Breaching Party, then the Breaching Party shall have ten (10) days to cure the breach after written notice of such breach by the Nonbreaching Party. 12.1.4 The Breaching Party will be deemed to have cured any breach of a non-monetary obligation if within the cure period it takes steps reasonably adequate to alleviate any damage to the Nonbreaching Party resulting from the breach and to prevent a similar future breach.
Sample 1
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Notice of Breach; Cure Period. (i) In the event of a breach of any provision of this Agreement caused by Customer’s failure to remit payment in a timely manner, Discharge IQ may suspend Support and Maintenance Services in its sole and absolute discretion after providing ten (10) days prior written notice to Customer of the breach of payment. If nonpayment continues for more than thirty (30) days, Discharge IQ may terminate the Agreement in its sole and absolute discretion. (ii) In the event of a breach of any provision of this Agreement caused by a non-willful breach of an obligation of Customer relating to Discharge IQ's Confidential Information, or any other obligation of this Agreement other than payment, Customer shall have five business days to cure the breach after Discharge IQ submits written notice thereof. (iii) If the breach is a willful breach of an obligation of Customer relating to Discharge IQ's Confidential Information, then Discharge IQ, in its sole discretion, may specify in the notice of breach that no cure period will be permitted and the Agreement shall terminate immediately. (iv) If the breach is other than a breach of the kind described above in this paragraph, then the cure period will be ninety (90) days after the non-breaching party submits written notice to breaching party
Sample 1

Related to Notice of Breach; Cure Period

  • Notice of Breaches The Company and the Purchaser shall give prompt written notice to the other of any breach by it of any representation, warranty or other agreement contained in any Transaction Document, as well as any events or occurrences arising after the date hereof, which would reasonably be likely to cause any representation or warranty or other agreement of such party, as the case may be, contained in the Transaction Document to be incorrect or breached as of such Closing Date. However, no disclosure by either party pursuant to this Section shall be deemed to cure any breach of any representation, warranty or other agreement contained in any Transaction Document. Notwithstanding the generality of the foregoing, the Company shall promptly notify the Purchaser of any notice or claim (written or oral) that it receives from any lender of the Company to the effect that the consummation of the transactions contemplated by the Transaction Documents violates or would violate any written agreement or understanding between such lender and the Company, and the Company shall promptly furnish by facsimile to the holders of the Debentures a copy of any written statement in support of or relating to such claim or notice.

  • Notice of Breach The Asset Representations Reviewer will notify the Issuer promptly in the event of an actual or reasonably suspected security breach, unauthorized access, misappropriation or other compromise of the security, confidentiality or integrity of Issuer PII and, where applicable, immediately take action to prevent any further breach.

  • Providing Notice of Breaches 8.1 If Covered Entity determines that an impermissible acquisition, access, use or disclosure of PHI for which one of Business Associate’s employees or agents was responsible constitutes a Breach as defined in 45 CFR § 164.402, and if requested by Covered Entity, Business Associate shall provide notice to the individual(s) whose PHI has been the subject of the Breach. When requested to provide notice, Business Associate shall consult with Covered Entity about the timeliness, content and method of notice, and shall receive Covered Entity’s approval concerning these elements. The cost of notice and related remedies shall be borne by Business Associate. 8.2 If Covered Entity or Business Associate determines that an impermissible acquisition, access, use or disclosure of PHI by a Subcontractor of Business Associate constitutes a Breach as defined in 45 CFR § 164.402, and if requested by Covered Entity or Business Associate, Subcontractor shall provide notice to the individual(s) whose PHI has been the subject of the Breach. When Covered Entity requests that Business Associate or its Subcontractor provide notice, Business Associate shall either 1) consult with Covered Entity about the specifics of the notice as set forth in section 8.1, above, or 2) require, by contract, its Subcontractor to consult with Covered Entity about the specifics of the notice as set forth in section 8.1 8.3 The notice to affected individuals shall be provided as soon as reasonably possible and in no case later than 60 calendar days after Business Associate reported the Breach to Covered Entity. 8.4 The notice to affected individuals shall be written in plain language and shall include, to the extent possible, 1) a brief description of what happened, 2) a description of the types of Unsecured PHI that were involved in the Breach, 3) any steps individuals can take to protect themselves from potential harm resulting from the Breach, 4) a brief description of what the Business Associate is doing to investigate the Breach, to mitigate harm to individuals and to protect against further Breaches, and 5) contact procedures for individuals to ask questions or obtain additional information, as set forth in 45 CFR § 164.404(c). 8.5 Business Associate shall notify individuals of Breaches as specified in 45 CFR § 164.404(d) (methods of individual notice). In addition, when a Breach involves more than 500 residents of Vermont, Business Associate shall, if requested by Covered Entity, notify prominent media outlets serving Vermont, following the requirements set forth in 45 CFR § 164.406.

  • Cure Period Prior to any claim for default being made, either the Buyer or Seller will have an opportunity to cure any alleged default. If either Buyer or Seller fails to comply with any provision of this Agreement, the other party will deliver written notice to the non- complying party specifying such non-compliance. The non-complying party shall have calendar days after delivery of such notice to cure the non-compliance.

  • Termination for Cause with Notice to Cure Requirement Contractor may terminate this contract for the Department’s failure to perform any of its duties under this contract after giving the Department written notice of the failure. The written notice must demand performance of the stated failure within a specified period of time of not less than 30 days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period.

  • Notice and Cure Period In the event of a breach, the aggrieved Party shall give written notice of breach to the other Party. If the notified Party does not cure the breach, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies as described in §14 for that Party. Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any other remedy in the Agreement in order to protect the public interest of the State.

  • Notification of Breach During the term of this Agreement:

  • Cure of Breach Except for the event of Breach set forth in Section 15.1(a) above, the Breaching Interconnection Party (a) may cure the Breach within thirty days from the receipt of such notice; or (b) if the Breach cannot be cured within thirty (30) days, may commence in good faith all steps that are reasonable and appropriate to cure the Breach within such thirty day time period and thereafter diligently pursue such action to completion. In an event of Breach set forth in Section 15.1(a), the Breaching Interconnection Party may cure the Breach within five (5) days from the receipt of notice of the Breach.

  • Default Notice As soon as possible and in any event within two days after the occurrence of each Default or any event, development or occurrence reasonably likely to have a Material Adverse Effect continuing on the date of such statement, a statement of the chief financial officer of the Borrower setting forth details of such Default and the action that the Borrower has taken and proposes to take with respect thereto.

  • Failure to Cure If DSHS learns of a pattern or practice of the Business Associate that constitutes a violation of the Business Associate’s obligations under the terms of this Contract and reasonable steps by DSHS do not end the violation, DSHS shall terminate this Contract, if feasible. In addition, If Business Associate learns of a pattern or practice of its Subcontractors that constitutes a violation of the Business Associate’s obligations under the terms of their contract and reasonable steps by the Business Associate do not end the violation, Business Associate shall terminate the Subcontract, if feasible.

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