Right to Cure Breach. If Lessee breaches any other covenant or condition of this Lease beyond any applicable grace period contained herein, the Lessor may, on reasonable notice to the Lessee (except that no notice need be given in case of emergency), cure such breach at the expense of the Lessee and the reasonable amount of all expenses, including attorney's fees, incurred by the Lessor in so doing shall be deemed additional rent payable on demand.
Right to Cure Breach. A Member or Affiliate Entity shall be given thirty (30) days written notice of any grounds alleged, to provide a basis for termination of membership and expulsion from the Trust or of the limitation on the availability of specific Trust programs, during which time the Member or Affiliate Entity shall be given the opportunity to correct the alleged deficiencies and remain a Member or Affiliate Entity in good standing.
Right to Cure Breach. Each party shall, in the case of any breach of its obligations under this Agreement, either:
(a) Cure the breach within ninety (90) days of receipt of written notice from the non-breaching party or;
(b) Continuously demonstrate within such cure period that it is actively and continuously pursuing a course of action which can reasonably be expected to lead to a curing of the breach (the ninety (90) day period will be extended for so long as the breaching party is actively and continuously pursuing such a course) provided, however, that (i) in the event of the failure of any party to this Agreement to pay the other party or parties any sum or due amount required to be paid when due hereunder, cure shall consist of payment which will be made within fifteen (15) days of written demand from the non-breaching party together with interest accruing at the legal rate from the date the payment was due; (ii) in the event that Casella materially fails to limit the processing or disposal of Excluded Waste to that allowed to be processed or disposed of by this Agreement or unreasonably rejects Acceptable Waste from the County from processing or disposal at the Landfill, the cure shall consist of the immediate action to remedy these practices within thirty (30) days or such additional time as may be reasonably necessary to cure, provided that Casella is actively and continuously pursuing a course of action which will reasonably lead to a curing of the breach
Right to Cure Breach. Each party shall, in the case of any breach of its obligations under this Agreement, either:
(a) Cure the breach within ninety (90) days of receipt of written notice from the non-breaching party or;
(b) Continuously demonstrate within such cure period that it is actively and continuously pursuing a course of action which can reasonably be expected to lead to a curing of the breach (the ninety (90) day period will be extended for so long as the breaching party is actively and continuously pursuing such a course) provided, however, that in the event of the failure of any party to this Agreement to pay the other party or parties any sum or due amount required to be paid when due hereunder, cure shall consist of payment which will be made within fifteen (15) days of written demand from the non-breaching party together with interest accruing at the legal rate from the date the payment was due.
Right to Cure Breach. 13.3.1 In the case of an Event of Default by either party, the defaulting Party shall, upon written notice from the other Party, take immediate action to cure the Event of Default within 30 days after receiving the written notice or, if the Default Event cannot be diligently cured within the 30-day period, within a reasonable time in the City’s sole judgment (the “Cure Period”).
13.3.2 An Event of Default that is not cured or otherwise commenced and pursued within that 30-day period constitutes a breach (“Breach”) under this agreement except as set for in Section 13.3.3.
Right to Cure Breach. Each Party shall, in the case of any breach of this Agreement, either:
a) Cure the breach to the satisfaction of the non-breaching Party (not to be unreasonably withheld, conditioned or delayed) within ninety (90) days of receipt of written notice from the non•breaching Party identifying the breach, or
b) Continuously demonstrate within ninety (90) days of receipt of written notice from the non-breaching Party identifying the breach that it is actively and continuously pursuing a course of action which can reasonably be expected to lead to a cure of the breach (the ninety (90) day period will be extended for so long as the breaching Party is actively and continuously pursuing such a course); provided, however, that in the event of the failure of any Party to pay the other Party any sum or amount required to be paid hereunder when due hereunder, cure shall consist of payment within fifteen (15) days of written demand from the non-breaching Party, together with interest thereon from the date the payment was due at a rate equal to either the highest rate permitted by applicable law or nine percent (9%), per annum, whichever is less.
Right to Cure Breach. In the event of a breach of this Agreement, the breaching party shall have ten (10) business days from notice thereof to cure the breach; provided, however, that if the nature of such breach is such that more than ten (10) business days reasonably are required for its cure, then the breaching party shall not be considered to be in breach if such party commenced such cure efforts immediately within said ten (10) business day period and thereafter diligently and in good faith prosecutes such cure to completion not later than thirty (30) calendar days after the breach; and provided further, that for a breach by a Partner of any obligation to pay or contribute money to the Partnership, the other Partner or others (including, without limitation, the obligation to fund any losses or deficiencies attributable to the operations of such Partner’s division or to make its proportionate share of any capital contribution), only a five (5) business day cure period shall apply. Furthermore, notwithstanding anything in the foregoing to the contrary: (i) the breaching party shall commence to cure immediately and shall attempt to complete a cure as quickly as possible; (ii) should a party cease such party’s efforts to cure, the cure period shall terminate one (1) business day after such cessation; (iii) no party shall have the right to cure or undertake to cure a breach if the breach is of such a materially adverse nature as to cause substantial harm to the nonbreaching party which may not be fully and completely cured within the time periods provided; (iv) the breaching party shall be liable in damages to the nonbreaching party for any damages caused by the breach which damages are not fully and completely cured within the applicable time period;(v) no party shall have the right to avail itself of the cure provisions hereunder more than two (2) times for any and all breaches of any obligation to pay or contribute money to the Partnership, the other Partner or others (including, without limitation the delegation to fund any losses or differences attributable to the operations of such Partner’s decision or make its proportionate share of any capital contribution), and (vi) except as provided in the immediately preceding subsection (v) regarding breaches of obligations to pay or contribute money, no Partner shall have the right to avail itself of the cure provisions hereunder more than one (1) time for a material breach of this Agreement, it being the express understanding an...
Right to Cure Breach. CryoPort shall have the right to cure any breach of Sections 4 or 6 above within fifteen (15) days of the date of breach before the penalties or rescission set forth in those sections are effective.
Right to Cure Breach. 29 17. LIENS........................................................29 18. RIGHT TO INSPECT AND REPAIR..................................30
Right to Cure Breach. If Lessee breaches any covenant or condition of this Lease and if the giving of notice by Lessor is required pursuant to this Lease, then if such breach is not cured within any applicable notice and cure period contained in this Lease, Lessor may, on not less than (10) days prior written notice to Lessee (except that no notice need be given in case of emergency), cure such breach at the expense of Lessee and the reasonable amount of all expenses, including reasonable attorneys' fees, with interest thereon at the Interest Rate (as hereinafter defined) incurred by Lessor in so doing shall be deemed Additional Rent payable on demand.
