Other Material Breaches. Content Participant agrees that AACS LA shall be entitled to seek actual damages according to the terms of this Section 10.3 provided that AACS LA first provides Content Participant with (i) written notice and (ii) an opportunity to cure if and to the same extent that Content Participant would have an opportunity to cure in the event that AACS LA were seeking termination under Section 8.1.
Other Material Breaches. Adopter agrees that AACS LA shall be entitled to seek actual damages according to the terms of this Section 9.5 provided that AACS LA or a Third Party Beneficiary first provides Adopter with (i) written notice and
Other Material Breaches. (a) Except as set forth in SECTION 8.1, in the event one party determines that the other party has committed a material breach of a provision of this Agreement, such party may provide written notice to the breaching party ("Breach Notice") specifying the material breach complained of in reasonable detail and requiring such other party to rectify such breach. The breaching party shall then have ninety (90) days from receipt of the Breach Notice to rectify such breach or, if such material breach is such that it cannot be rectified within the said ninety (90) day period but is capable of being rectified within a reasonable period of time thereafter, to begin to rectify such breach within such ninety (90) day period and thereafter to proceed diligently to complete the rectification of the breach within a reasonable period. In the event that the party receiving the Breach Notice does not rectify the breach within the time period specified in the preceding sentence, the non-breaching party shall have the right to invoke binding arbitration pursuant to SECTION 8.3. Such arbitration shall be the sole and exclusive dispute resolution mechanism for resolving such matter, the parties hereto voluntarily waiving for themselves and their respective Affiliates any other rights or remedies any of them may have in any jurisdiction to resolve such matter.
(b) Notwithstanding the foregoing, in the event the party receiving a Breach Notice disputes the other party's assertion that it has committed a material breach of this Agreement, such party shall promptly, and in any event within thirty (30) days after receiving such Breach Notice, send written notice of such dispute to the other party. The parties shall then commence good faith negotiations to resolve such dispute. In the event that the parties are unable to negotiate a resolution of such dispute within sixty (60) days of commencing such good faith negotiations, either party shall, if it wishes to pursue such dispute, invoke binding arbitration pursuant to SECTION 8.3. Such arbitration shall be the sole and exclusive dispute resolution mechanism for resolving such matter, the parties hereto voluntarily waiving for themselves and their respective Affiliates any other rights or remedies any of them may have in any jurisdiction to resolve such matter.
Other Material Breaches. Buyer’s material breach of any other term or condition of this Agreement, if such breach is not cured within the earlier of: (x) fifteen (15) days after the TJPA gives written notice to Buyer, or (y) the
Other Material Breaches. Service Provider agrees that AACS LA shall be entitled to seek actual damages according to the terms of this Section 8.4 provided that AACS LA first provides Service Provider with (i) written notice and (ii) an opportunity to cure if and to the same extent that Service Provider would have an opportunity to cure in the event that AACS LA were seeking termination under Section 6.1.
Other Material Breaches. (a) In the event of a breach by Licensee of any material term, condition, representation, warranty or covenant herein, and Licensee fails to cure any such failure, breach, infringement or misappropriation within thirty (30) days after notice from Licensor, Licensor may terminate this Agreement.
(b) In the event of a breach by Licensor of any material covenant herein (or a material breach in the Transition Services agreement mentioned in section 7.2 above), and Licensor fails to cure any such failure, breach, infringement or misappropriation within thirty (30) days after notice from Licensee, then the anticipated effect of such breach on future annual License Fees ( will be evaluated by the Parties in good faith for the purpose of the renewal of the Initial Term or any Renewal Term of this Agreement.
Other Material Breaches. If Licensee fails to perform any of its material obligations hereunder, Licensor may terminate this Agreement upon [———-]76 notice, unless Licensee cures any such material breach within said [———-]77; provided, however, that if such cure cannot be reasonably be effected within such [———-]78 period, cure is being diligently prosecuted by Licensee with reasonable prospects for a cure within a commercially reasonable time. 68 Confidential information omitted and filed separately with the SEC with a request for confidential treatment by Inter Parfums, Inc., no. 10.
Other Material Breaches. If Licensee fails to perform any of its material obligations hereunder, Licensor may terminate this Agreement upon [———-]76 notice, unless Licensee cures any such material breach within said [———-]77; provided, however, that if such cure cannot be reasonably be effected within such [———-]78 period, cure is being diligently prosecuted by Licensee with reasonable prospects for a cure within a commercially reasonable time. 68 Confidential information omitted and filed separately with the SEC with a request for confidential treatment by Inter Parfums, Inc., no. 10.142.68. 69 Confidential information omitted and filed separately with the SEC with a request for confidential treatment by Inter Parfums, Inc., no. 10.142.69. 70 Confidential information omitted and filed separately with the SEC with a request for confidential treatment by Inter Parfums, Inc., no. 10.142.70. 71 Confidential information omitted and filed separately with the SEC with a request for confidential treatment by Inter Parfums, Inc., no. 10.142.71. 72 Confidential information omitted and filed separately with the SEC with a request for confidential treatment by Inter Parfums, Inc., no. 10.142.72. 73 Confidential information omitted and filed separately with the SEC with a request for confidential treatment by Inter Parfums, Inc., no. 10.142.73. 74 Confidential information omitted and filed separately with the SEC with a request for confidential treatment by Inter Parfums, Inc., no. 10.142.74. 75 Confidential information omitted and filed separately with the SEC with a request for confidential treatment by Inter Parfums, Inc., no. 10.142.75. 76 Confidential information omitted and filed separately with the SEC with a request for confidential treatment by Inter Parfums, Inc., no. 10.142.76. 77 Confidential information omitted and filed separately with the SEC with a request for confidential treatment by Inter Parfums, Inc., no. 10.142.77. 78 Confidential information omitted and filed separately with the SEC with a request for confidential treatment by Inter Parfums, Inc., no. 10.142.78.
Other Material Breaches. If Licensee fails to perform any of its material obligations hereunder, Licensor may terminate this Agreement upon [———]36 days’ notice, unless Licensee cures any such material breach within said [———]37 days; provided, however, that if such cure cannot be reasonably be effected within such [———]38 day period, cure is being diligently prosecuted by Licensee with reasonable prospects for a cure within a commercially reasonable time, but in no event longer than [———]39 days.
Other Material Breaches. If the Department sends written notice to Bank notifying Bank of any of the following, and Bank fails to cure the condition within 5 calendar days from the date of the notice, the Department may cancel this Contract by sending Bank written notice, which states the effective date of cancellation: any material breach of this Contract not otherwise addressed by another cancellation provision in this Contract; discontinues the performance of the work; fails to resume work that has been discontinued; becomes insolvent or is declared bankrupt which status is not resolved within 30 days; makes an assignment for the benefit of creditors without the approval of the Department; makes or has made an intentional material misrepresentation or omission in any materials provided to the Department; fails to maintain the required insurance.
