Remedy for Material Breach by Signatories Other Than Licensees Sample Clauses

Remedy for Material Breach by Signatories Other Than Licensees. The exclusive remedy for material breach of this Agreement by a Signatory other than one of the Licensees shall be specific performance of the Signatory’s obligations under this Agreement or other equitable relief from a court or agency of competent jurisdiction. Obligations under this Agreement that are discretionary shall be reviewed under the arbitrary and capricious standard, shall be supported by substantial evidence in the record compiled in the consultation procedures required by this Agreement. Licensees must seek their remedy under this Paragraph within 90 days after the dispute resolution Notice under Paragraph 14(B)(v). Final decisions under Paragraph 11(B)(iii)(b) are not subject to review under this Paragraph. This Agreement does not create jurisdiction (or remedy) to challenge the adequacy of a condition for Fish Passage under applicable statutory or regulatory law. DRAFT FOR SETTLEMENT DISCUSSION PURPOSES — Subject to DWR and PG&E reaching a separate Licensee relationship agreement March 9, 2006 Signatories California Department of Water Resources by (Print) (Title) Pacific Gas & Electric Company by (Print) (Title) National Marine Fisheries Service by (Print) (Title) United States Department of Interior by (Print) (Title) United States Forest Service by (Print) (Title) American Rivers by (Print) (Title) Xxxxxx X. Xxxxxxx by (Print) (Title) State Water Contractors, Inc. by (Print) (Title) Appendix G List of Authorized Representatives Xxxxx Xxxx Assistant General Manager Alameda County Flood Control and Water Conservation District, Zone 7 000 Xxxxx Xxxxxxx Xxxxxxx Xxxxxxxxx, XX 00000 Ph. 925-454-5004 xxxxx@xxxx0xxxxx.xxx Xxxx Xxxxxxx Operations Manager Alameda County Water District X.X. Xxx 0000 Xxxxxxx, XX 00000 Ph. 000-000-0000 Xxxx.xxxxxxx@xxxx.xxx Xxxxx Xxxxxxx Associate Director, Dams Program American Rivers 000 Xxxxxx Xxxxxx Xxxxxx Xxxx, XX 00000 Ph. 530-478-5672 xxxxxxxx@xxxxxxxx.xxx Xxxx Xxxxxxxxx California Stewardship Director American Whitewater 0000 Xxxxxxx Xxx Xxxxxxxx, XX 00000 Ph. 000-000-0000 xxxx@xxxxxxxxxxxx.xxx Xxxxxxx Xxxxxx General Manager Antelope Valley – East Xxxx Water Agency 0000 Xxxx Xxxxxx X Xxxxxxxx, XX 00000 Ph. 661-943-3201 xxxxxx@xxx.xxx Xxxxx Xxxx President Xxxxx Creek Citizens Association X.X. Xxx 0 Xxxxx Xxxxx, CA 95916 Ph. 530-589-3807 xxxxxx@xxxxxx.xxx Xxxxxx Xxxxxxxxxx, Director California Department of Boating and Waterways 0000 Xxxxxxxxx Xxxxxx Xxxxx 000 Xxxxxxxxxx , XX 00000 Ph. 916-263-0780 xxxxxxxxxxx...
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Related to Remedy for Material Breach by Signatories Other Than Licensees

  • Breach by Licensee a. The licensee shall have five (5) business days from its receipt of written notice by Producer and/or Producer’s authorized representative to cure any alleged breach of this Agreement by Licensee. Licensee’s failure to cure the alleged breach within five (5) business days shall result in Licensee’s default of its obligations, its breach of this Agreement, and at Producer's sole discretion, the termination of Licensee’s rights hereunder.

  • Breach by Authorized User An Authorized User’s breach shall not be deemed a breach of the Centralized Contract; rather, it shall be deemed a breach of the Authorized User’s performance under the terms and conditions of the Centralized Contract.

  • Termination for Material Breach A party may terminate this Agreement immediately upon notice to the other parties if any of the other parties materially breaches this Agreement, and if capable of cure, does not cure the breach within 10 days after receiving notice specifying the breach. If the material breach affects only certain Services, the non-breaching party that served the notice may choose to terminate only the affected Services.

  • Opportunity to Remedy Material Breach If an HSP breaches any material provision of this Agreement, including, but not limited to, the reporting requirements in Article 8 and the representations and warranties in Article 10 and the breach has not been satisfactorily resolved under Article 7, the Funder will give the HSP Notice of the particulars of the breach and of the period of time within which the HSP is required to remedy the breach. The Notice will advise the HSP that the Funder may terminate this Agreement:

  • Material Breach A material breach for purposes of this Agreement shall include, but not be limited to:

  • TERMINATION BY MPS - BREACH BY CONTRACTOR If Contractor fails to fulfill its obligations under this Contract in a timely or proper manner, or violates any of its provisions, MPS shall thereupon have the right to terminate it by giving five (5) days written notice before the effective date of termination of the Contract, specifying the alleged violations, and effective date of termination. The Contract shall not be terminated if, upon receipt of the notice, Contractor promptly cures the alleged violation with five (5) days. In the event of termination, MPS will only be liable for services rendered through the date of termination and not for the uncompleted portion, or for any materials or services purchased or paid for by Contractor for use in completing the Contract.

  • EVENTS CONSTITUTING MATERIAL BREACH OF AGREEMENT The Applicant shall be in Material Breach of this Agreement if it commits one or more of the following acts or omissions (each a “Material Breach”):

  • BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser’s default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser.

  • Event of Breach by Contractor Any one or more of the following Contractor acts or omissions constitute an event of material breach under this contract:  products or services furnished fail to conform to any requirement;  failure to submit any report required by this contract;  failure to perform any of the other terms and conditions of this contract, including but not limited to beginning work under this contract without prior Department approval; or  voluntary or involuntary bankruptcy or receivership.

  • Termination for a Material Breach Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach.

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