Performance Default. 30.1 Without prejudice to the Council's right to terminate this Supplier Agreement or any Agreement awarded under it in accordance with these terms and conditions and without prejudice to any other claim or remedy the Council may have against the Service Provider, the Council may in the event that the Service Provider in the reasonable opinion of the Council’s Authorised Officer: -
(a) fails to provide the Services or any part of them; or
(b) fails to provide the Services to a reasonable standard. issue the Service Provider with a written notice (a "Default Notice") detailing the default, the actions (if any) to be taken to rectify the default and the timeframe for doing so.
30.2 If the Service Provider fails to comply with the Default Notice or if the breach is incapable of remedy, the Council shall be entitled to deduct from any monies that may be due to the Service Provider such sums to reflect the actual loss to the Council arising out of the breach including administration costs.
30.3 If the Service Provider complies with a Default Notice to the reasonable satisfaction of the Council, the Service Provider may be charged the Council's reasonable costs (if any) arising from the breach.
30.4 Without prejudice to the remedies available to the Council under Conditions 30.2 and 30.3, if the Service Provider is issued with three Default Notices under Condition 30.1:
30.4.1 in respect of the provision of the Services regardless of the Agreement to which the Default Notices relate, the Council shall have the right to treat this as a persistent breach of this Supplier Agreement for the purposes of Condition 31.3.
30.4.2 in respect of a specific Agreement, the Council shall have the right to treat this as a persistent breach of that Agreement for the purposes of Condition 31.3.
Performance Default. If the Corporation or any Sponsoring Company fails to comply in any material respect with any of the material terms, conditions and covenants of this Agreement (and such failure does not constitute a Payment Default under Section 11.01), the Corporation (in the case of a default by any Sponsoring Company) and any Sponsoring Company (in the case of a default by the Corporation) shall give the defaulting party written notice of the default (“Performance Default”). To the extent that a Performance Default is not cured within thirty (30) days after receipt of notice thereof (or within such longer period of time, not to exceed sixty (60) additional days, as necessary for the defaulting party with the exercise of reasonable diligence to cure such default), then the Corporation (in the case of a default by any Sponsoring Company) and any Sponsoring Company (in the case of a default by the Corporation) shall have all of the rights and remedies provided at law and in equity, other than termination of this Agreement or any release of the obligation of the Sponsoring Companies to make payments pursuant to this Agreement, which obligation shall remain absolute and unconditional.
Performance Default. Failure by a Party to perform any of its duties or obligations under this Agreement (other than any failure for which a sole remedy is provided in this Agreement and any failure which is separately listed as a Default of Seller under this Section 12.1) that is not cured within thirty (30) days after receipt of notice thereof from the other Party; provided that if such failure cannot be cured within such thirty (30) day period despite reasonable commercial efforts and is not a failure to make a payment when due, and such Party expeditiously commences to cure such breach following its receipt of notice and continues to diligently proceed with such cure within such longer period of time, then such Party shall have up to sixty (60) additional days to cure.
Performance Default. Failure on the part of the Servicer or Seller duly to observe or perform in any material respect any of the other covenants or agreements, including the providing of accurate and timely reports as required in Article V hereof and elsewhere in this Agreement and the establishment of a Separate Account when required by the terms hereof, to be performed under this Agreement which failure continues unremedied for a period of 30 days after the date on which written notice of such failure requiring the same to be remedied, shall have been given to the Servicer by the Buyer.
Performance Default. 30.1 Without prejudice to a Customer's right to terminate and/or suspend any Services Agreement and/or, in the case of the Council, this Supplier Agreement in accordance with the terms and conditions of the relevant agreement and without prejudice to any other claim or remedy the Customer may have against the Service Provider, a Customer may in the event that the Service Provider in the reasonable opinion of the relevant Authorised Officer: - a fails to provide the Services or any part of them; or b fails to provide the Services to a reasonable standard; or c is in material breach of any of the terms and conditions within this Supplier Agreement, issue the Service Provider with a written notice (a "Default Notice") detailing the default, the actions (if any) to be taken to rectify the default and the timeframe for doing so.
30.2 If the Service Provider fails to comply with the Default Notice or if the breach is incapable of remedy, the Customer shall be entitled to deduct from any monies that may be due to the Service Provider such sums to reflect the actual loss to the Customer arising out of the breach including administration costs.
30.3 If the Service Provider complies with a Default Notice to the reasonable satisfaction of the Customer, the Service Provider may be charged the Customer's reasonable costs (if any) arising from the breach.
30.4 Without prejudice to the remedies available to a Customer under Clauses 30.2 and 30.3, if the Service Provider is issued with three Default Notices under Clause 30.1 in respect of a specific Service Agreement, the relevant Customer shall have the right to treat this as a persistent breach of that Service Agreement for the purposes of Clause 31.3.
Performance Default. If either party fails to comply with any of the terms, conditions and covenants of this Agreement (and such failure does not constitute a Payment Default by the Member), the non-defaulting party shall give the defaulting party written notice of the default (a "Performance Default"). The defaulting party shall have a period of thirty (30) days after receipt of such notice to commence reasonable efforts to cure such Performance Default, and it shall have an additional thirty (30) days to cure such Performance Default. Thereafter, if such Performance Default is continuing, the non-defaulting party, subject to the provisions of Section 10.4.1, shall have all of the rights and remedies provided at law and in equity, other than termination of this Agreement.
Performance Default. Failure by any Party to perform any of its duties or obligations 14 under this Agreement when and as due (other than the failure to make any payment) 15 which is not cured within thirty (30) calendar days after receipt of written notice 16 thereof from Operator or any Party.
Performance Default. Default by the Pledgor in the due observance or performance of any covenant or agreement contained herein or breach by the Pledgor of any representation or warranty herein contained; and
Performance Default. Failure by a Party to perform any of its material duties or obligations under this Agreement (other than any failure that is separately listed as a Default of Seller under this Section 13.1) that is not cured within thirty (3...
Performance Default. Nonperformance or nonobservance of any of the other representations, covenants, agreements, or conditions of the Loan Documents, or any of the Other Documents (which has not been cured within ten (10) Business Days after Lender delivering written notice of the same).
