Common use of Termination With Cure Period Clause in Contracts

Termination With Cure Period. Upon the occurrence of any of the events specified below, MANNATECH shall be in default of this Supply Agreement and CARRINGTON shall have the right to terminate this Supp▇▇ ▇▇▇▇▇▇▇nt upon either thirty (30) days prior written notice for a non-monetary default or in the case of a monetary default, ten (10) days prior written notice (each a "Cure Period") to MANNATECH, specifying the default of this Supply Agreement which shall constitute good cause for termination and providing MANNATECH with the applicable Cure Period to cure the default giving rise to the good cause for termination. The termination shall be effective upon the expiration of the applicable Cure Period if MANNATECH fails to cure the default. It shall be a breach of this Supply Agreement and constitute good cause for termination of the Supply Agreement if MANNATECH: (i) fails to purchase the quantities of Manapol[R] powder specified in this Supply Agreement; (ii) refuses or otherwise fails to promptly pay when due any monetary obligation to CARRINGTON under this Supply Agreement; (iii) misappropriates, misuses, or makes any unauthorized use of the Mark or materially impairs the goodwill a▇▇▇▇iated with the Mark; (iv) violates any law, ordinance, rule or ▇▇gulation of a governmental agency in the connection with the Manufactured Products, and permits the same to go uncorrected after learning thereof; or (v) fails to comply with any other provision of this Supply Agreement. Notwithstanding anything contained herein to the contrary, CARRINGTON shall not have the right to terminate this Supply Agreement if the corrective action necessary to cure such breach cannot be completed within the Cure Period; provided, however, that MANNATECH (i) has, within the Cure Period, initiated the necessary action required to cure such breach; and (ii) shall thereafter earnestly and continuously proceed to complete the corrective action necessary to cure the breach.

Termination With Cure Period. Upon the occurrence of any of the events specified below, MANNATECH Seller shall be in default of this Supply Agreement and CARRINGTON Buyer shall have the right to terminate this Supp▇▇ ▇▇▇▇▇▇▇nt Agreement upon either thirty (30) days prior written notice for a non-monetary default or in the case of a monetary default, ten (10) days prior written notice (each a "“Cure Period"”) to MANNATECHSeller, specifying the default of this Supply Agreement which shall constitute good cause for termination and providing MANNATECH Seller with the applicable Cure Period to cure the default giving rise to the good cause for termination. The termination shall be effective upon the expiration of the applicable Cure Period if MANNATECH Seller fails to cure the default. It shall be a breach of this Supply Agreement and constitute good cause for termination of the Supply Agreement if MANNATECHSeller: (i) fails to purchase meet and adhere to the quantities quality specifications set forth in Exhibit A; provided, however, that Seller may cure such breach by supplying replacement Product or refunding the applicable payment of Manapol[R] powder specified non-conforming Product as set forth in this Supply Agreementas set forth in Paragraph 6.3 and its subparagraphs; (ii) refuses or otherwise fails to promptly pay when due any monetary obligation to CARRINGTON under this Supply Agreement; (iii) misappropriates, misuses, or makes any unauthorized use of the Mark or materially impairs the goodwill a▇▇▇▇iated with the Mark; (iv) violates any law, ordinance, rule or ▇▇gulation regulation of a governmental agency in the connection with the Manufactured Productssupply of Product to Buyer, and permits the same to go uncorrected after learning thereof; (iii) fails to maintain or suffers cancellation of any insurance policy required under this Agreement; or (viv) fails to comply with any other provision of this Supply Agreement. Notwithstanding anything contained herein to the contrary, CARRINGTON Buyer shall not have the right to terminate this Supply Agreement if the corrective action necessary to cure such breach cannot be completed within the Cure Period; provided, however, that MANNATECH Seller (i) has, within the Cure Period, initiated the necessary action required to cure such breach; and (ii) shall thereafter earnestly and continuously proceed to complete the corrective action necessary to cure the breach.

Termination With Cure Period. Upon the occurrence of any of the events specified below, MANNATECH Supplier shall be in default of this Supply Agreement and CARRINGTON Mannatech shall have the right to terminate this Supp▇▇ ▇▇▇▇▇▇▇nt Agreement upon either thirty (30) days prior written notice for a non-monetary default or in the case of a monetary default, ten (10) days prior written notice default (each a "“Supplier Cure Period"”) to MANNATECHSupplier, specifying the default of this Supply Agreement which shall constitute good cause for termination below and providing MANNATECH Supplier with the applicable Supplier Cure Period to cure the default giving rise to the good cause for terminationPeriod. The termination shall be effective upon the expiration of the applicable Supplier Cure Period if MANNATECH Supplier fails to cure the default. It shall be a breach of this Supply Agreement and constitute good cause for termination of the Supply this Agreement if MANNATECHSupplier: (iA) fails to purchase meet and adhere to Manapol and/or Hi Fi Specifications set forth in Exhibit A; provided, however, that Supplier may cure such breach by supplying replacement Manapol and/or Hi Fi or refunding the quantities applicable payment of Manapol[R] powder specified non-conforming product as set forth in this Supply AgreementSection 9(a); (ii) refuses or otherwise fails to promptly pay when due any monetary obligation to CARRINGTON under this Supply Agreement; (iii) misappropriates, misuses, or makes any unauthorized use of the Mark or materially impairs the goodwill a▇▇▇▇iated with the Mark; (ivB) violates any law, ordinance, rule or ▇▇gulation regulation of a governmental agency in the connection with the Manufactured Productssupply of Manapol and/or Hi Fi to Mannatech, and permits the same to go uncorrected after learning thereof; (C) fails to maintain or suffers cancellation of any insurance policy required under this Agreement; or (vD) fails to comply with any other provision of this Supply Agreement. Notwithstanding anything contained herein to the contrary, CARRINGTON Mannatech shall not have the right to terminate this Supply Agreement if the corrective action necessary to cure such breach cannot be completed within the Supplier Cure Period; provided, however, Period provided that MANNATECH Supplier (i) has, within the Supplier Cure Period, initiated the necessary and commercially reasonable action required to cure such breach; breach and (ii) shall has thereafter earnestly and continuously proceed continued to take commercially reasonable efforts to complete the corrective action necessary to cure such breach within a time period mutually agreed upon by the breachParties.

Termination With Cure Period. Upon the occurrence of any of the events specified below, MANNATECH ▇▇▇▇▇▇▇▇▇▇ shall be in default of this Supply Agreement and CARRINGTON MANNATECH shall have the right to terminate this Supp▇▇ ▇▇▇▇▇▇▇nt Supply Agreement upon either thirty (30) days prior written notice for a non-monetary default or in the case of a monetary default, ten (10) days prior written notice (each a "“Cure Period"”) to MANNATECH▇▇▇▇▇▇▇▇▇▇, specifying the default of this Supply Agreement which shall constitute good cause for termination and providing MANNATECH ▇▇▇▇▇▇▇▇▇▇ with the applicable Cure Period to cure the default giving rise to the good cause for termination. The termination shall be effective upon the expiration of the applicable Cure Period if MANNATECH ▇▇▇▇▇▇▇▇▇▇ fails to cure the default. It shall be a breach of this Supply Agreement and constitute good cause for termination of the Supply Agreement if MANNATECH▇▇▇▇▇▇▇▇▇▇: (i) fails to purchase meet and adhere to the quantities Manapol® powder quality specifications set forth in Exhibit C; provided, however, that ▇▇▇▇▇▇▇▇▇▇ may cure such breach by supplying replacement Manapol® powder or refunding the applicable payment of Manapol[R] non-conforming Manapol® powder specified as set forth in this Supply AgreementSection 8.2; (ii) refuses or otherwise fails to promptly pay when due any monetary obligation to CARRINGTON under this Supply Agreement; (iii) misappropriates, misuses, or makes any unauthorized use of the Mark or materially impairs the goodwill a▇▇▇▇iated with the Mark; (iv) violates any law, ordinance, rule or ▇▇gulation regulation of a governmental agency in the connection with the Manufactured Productssupply of Mannapol® powder to MANNATECH, and permits the same to go uncorrected after learning thereof; (iii) fails to maintain or suffers cancellation of any insurance policy required under this Supply Agreement; or (viv) fails to comply with any other provision of this Supply Agreement. Notwithstanding anything contained herein to the contrary, CARRINGTON MANNATECH shall not have the right to terminate this Supply Agreement if the corrective action necessary to cure such breach cannot be completed within the Cure Period; provided, however, that MANNATECH ▇▇▇▇▇▇▇▇▇▇ (i) has, within the Cure Period, initiated the necessary action required to cure such breach; and (ii) shall thereafter earnestly and continuously proceed to complete the corrective action necessary to cure the breach.

Termination With Cure Period. Upon the occurrence of any of the events specified below, MANNATECH Mannatech shall be in default of this Supply Agreement and CARRINGTON Supplier shall have the right to terminate this Supp▇▇ ▇▇▇▇▇▇▇nt Agreement upon either thirty (30) days prior written notice for a non-monetary default or in the case of a monetary default, ten (10) days prior written notice (each such period, a "“Mannatech Cure Period"”) to MANNATECHMannatech, specifying the default of this Supply Agreement which shall constitute good cause for termination below and providing MANNATECH Mannatech with the applicable Mannatech Cure Period to cure the default giving rise to the good cause for terminationsuch default. The termination shall be effective upon the expiration of the applicable Mannatech Cure Period if MANNATECH Mannatech fails to cure the such default. It shall be a breach of this Supply Agreement and constitute good cause for termination of the Supply this Agreement if MANNATECHMannatech: (i) fails to purchase the quantities of Manapol[R] powder specified in this Supply Agreement; (iiA) refuses or otherwise fails to promptly pay when due any monetary obligation to CARRINGTON Supplier under this Supply Agreement; (iii) misappropriates, misuses, or makes any unauthorized use of the Mark or materially impairs the goodwill a▇▇▇▇iated with the Mark; (ivB) violates any law, ordinance, rule or ▇▇gulation regulation of a governmental agency in the connection with its use of the Manufactured ProductsManapol Powder, and permits the same to go uncorrected after learning thereof; or (vC) fails to comply with any other provision of this Supply Agreement. Notwithstanding anything contained herein to the contrary, CARRINGTON Supplier shall not have the right to terminate this Supply Agreement if the corrective action necessary to cure such breach cannot be completed within the Mannatech Cure Period; provided, however, Period provided that MANNATECH Mannatech (i) has, within the applicable Mannatech Cure Period, initiated the necessary and commercially reasonable action required to cure such breach; breach and (ii) shall has thereafter earnestly and continuously proceed continued to take commercially reasonably efforts to complete the corrective action necessary to cure such breach within a time period mutually agreed upon by the breachParties.

Termination With Cure Period. Upon the occurrence of any of the events specified below, MANNATECH Mannatech shall be in default of this Supply Agreement and CARRINGTON Supplier shall have the right to terminate this Supp▇▇ ▇▇▇▇▇▇▇nt Agreement upon either thirty (30) days prior written notice for a non-monetary default or in the case of a monetary default, ten (10) days prior written notice (each such period, a "“Mannatech Cure Period"”) to MANNATECHMannatech, specifying the default of this Supply Agreement which shall constitute good cause for termination below and providing MANNATECH Mannatech with the applicable Mannatech Cure Period to cure the such default, except for Section 18. a (A) which cannot reasonably be cured upon default giving rise to the good cause for terminationunless accepted in writing by Supplier. The termination shall be effective upon the expiration of the applicable Mannatech Cure Period if MANNATECH Mannatech fails to cure the such default. It shall be a breach of this Supply Agreement and constitute good cause for termination of the Supply this Agreement if MANNATECHMannatech: (iA) Without the prior written consent of Supplier, fails to purchase the minimum quantities of Manapol[R] powder Manapol for a quarter as specified in Exhibit B, notwithstanding Suppliers right to collect all payments from Mannatech, pursuant to Section 15 (b) (iii). For clarity purposes and to avoid confusion, it is understood that, that subject to Paragraph 3 in Exhibit B and upon failure by Mannatech to purchase the minimum quantities of Manapol for any quarter, Supplier will be entitled, at its sole discretion, to decide whether to terminate this Supply Agreement pursuant to this Section 18, or to collect all payments from Mannatech pursuant to Section 15 (b) (iii), and to change from one remedy to the other at any time, that is, to terminate instead of collecting payments, or to collect instead of terminating this Agreement; (iiB) refuses or otherwise fails to promptly pay when due any monetary obligation to CARRINGTON Supplier under this Supply Agreement; (iii) misappropriates, misuses, or makes any unauthorized use of the Mark or materially impairs the goodwill a▇▇▇▇iated with the Mark; (ivC) violates any law, ordinance, rule or ▇▇gulation regulation of a governmental agency in the connection with the Manufactured Productsits use of Manapol and/or Hi Fi, and permits the same to go uncorrected after learning thereof; or (vD) fails to comply with any other provision of this Supply Agreement. Notwithstanding anything contained herein to the contrary, CARRINGTON Supplier shall not have the right to terminate this Supply Agreement if the corrective action necessary to cure such breach cannot be completed within the Mannatech Cure Period; provided, however, Period provided that MANNATECH Mannatech (i) has, within the applicable Mannatech Cure Period, initiated the necessary and commercially reasonable action required to cure such breach; breach and (ii) shall has thereafter earnestly and continuously proceed continued to take commercially reasonably efforts to complete the corrective action necessary to cure such breach within a time period mutually agreed upon by the breachParties. Further, as noted in Section 15 (b) (iii) above, if Supplier elects to collect payment as described in Section 18 (a) (i) (A) above, the breach for failure to purchase the quarterly minimum will be deemed cured upon Mannatech’s payment for the quarterly deficiency and Supplier shall not have the right to terminate the Agreement.

Termination With Cure Period. Upon the occurrence of any of the events specified below, MANNATECH CARRINGTON shall be in default of this Supply Agreement and CARRINGTON Ag▇▇▇▇▇▇▇ ▇▇d MANNATECH shall have the right to terminate this Supp▇▇ ▇▇▇▇▇▇▇nt Supply Agreement upon either thirty (30) days prior written notice for a non-monetary default or in the case of a monetary default, ten (10) days prior written notice (each a "Cure Period") to MANNATECHCARRINGTON, specifying the default of this Supply Agreement ▇▇▇▇▇▇▇▇▇ which shall constitute good cause for termination and providing MANNATECH CARRINGTON with the applicable Cure Period to cure the default giving rise to the good cause for termination. The termination shall be effective upon the expiration of the applicable Cure Period if MANNATECH CARRINGTON fails to cure the default. It shall be a breach shal▇ ▇▇ ▇ ▇▇each of this Supply Agreement and constitute good cause for termination of the Supply Agreement if MANNATECHCARRINGTON: (i) fails to purchase the quantities of meet and adhere to ▇▇▇ ▇▇▇▇pol[R] powder quality specifications set forth in Exhibit C; provided, however, that CARRINGTON may cure such breach by supp▇▇▇▇▇ ▇▇▇▇acement Manapol[R] powder specified or refunding the applicable payment of non-conforming Manapol[R] powder as set forth in this Supply AgreementSection 8.2; (ii) refuses or otherwise fails to promptly pay when due any monetary obligation to CARRINGTON under this Supply Agreement; (iii) misappropriates, misuses, or makes any unauthorized use of the Mark or materially impairs the goodwill a▇▇▇▇iated with the Mark; (iv) violates any law, ordinance, rule or ▇▇gulation regulation of a governmental agency in the connection with the Manufactured Productssupply of Mannapol[R] powder to MANNATECH, and permits the same to go uncorrected after learning thereof; (iii) fails to maintain or suffers cancellation of any insurance policy required under this Supply Agreement; or (viv) fails to comply with any other provision of this Supply Agreement. Notwithstanding anything contained herein to the contrary, CARRINGTON MANNATECH shall not have the right to terminate this Supply Agreement if the corrective action necessary to cure such breach cannot be completed within the Cure Period; provided, however, that MANNATECH CARRINGTON (i) has, within the Cure Period, initiated the necessary ▇▇▇essary action required to cure such breach; and (ii) shall thereafter earnestly and continuously proceed to complete the corrective action necessary to cure the breach.

Termination With Cure Period. Upon the occurrence of any of the events specified below, MANNATECH shall be in default of this Supply Agreement and CARRINGTON ▇▇▇▇▇▇▇▇▇▇ shall have the right to terminate this Supp▇▇ ▇▇▇▇▇▇▇nt Supply Agreement upon either thirty (30) days prior written notice for a non-monetary default or in the case of a monetary default, ten (10) days prior written notice (each a "“Cure Period"”) to MANNATECH, specifying the default of this Supply Agreement which shall constitute good cause for termination and providing MANNATECH with the applicable Cure Period to cure the default giving rise to the good cause for termination. The termination shall be effective upon the expiration of the applicable Cure Period if MANNATECH fails to cure the default. It shall be a breach of this Supply Agreement and constitute good cause for termination of the Supply Agreement if MANNATECH: (i) fails to purchase the quantities of Manapol[R] Manapol® powder specified in this Supply Agreement; (ii) refuses or otherwise fails to promptly pay when due any monetary obligation to CARRINGTON ▇▇▇▇▇▇▇▇▇▇ under this Supply Agreement; (iii) misappropriates, misuses, or makes any unauthorized use of the Mark ▇▇▇▇ or materially impairs the goodwill aassociated with the ▇▇▇▇iated with the Mark; (iv) violates any law, ordinance, rule or ▇▇gulation regulation of a governmental agency in the connection with the Manufactured Products, and permits the same to go uncorrected after learning thereof; or (v) fails to comply with any other provision of this Supply Agreement. Notwithstanding anything contained herein to the contrary, CARRINGTON ▇▇▇▇▇▇▇▇▇▇ shall not have the right to terminate this Supply Agreement if the corrective action necessary to cure such breach cannot be completed within the Cure Period; provided, however, that MANNATECH (i) has, within the Cure Period, initiated the necessary action required to cure such breach; and (ii) shall thereafter earnestly and continuously proceed to complete the corrective action necessary to cure the breach.

Termination With Cure Period. Upon the occurrence of any of the events specified below, MANNATECH Supplier shall be in default of this Supply Agreement and CARRINGTON Mannatech shall have the right to terminate this Supp▇▇ ▇▇▇▇▇▇▇nt Agreement upon either thirty (30) days prior written notice for a non-monetary default or in the case of a monetary default, ten (10) days prior written notice default (each a "“Supplier Cure Period"”) to MANNATECHSupplier, specifying the default of this Supply Agreement which shall constitute good cause for termination below and providing MANNATECH Supplier with the applicable Supplier Cure Period to cure the default giving rise to the good cause for terminationPeriod. The termination shall be effective upon the expiration of the applicable Supplier Cure Period if MANNATECH Supplier fails to cure the default. It shall be a breach of this Supply Agreement and constitute good cause for termination of the Supply this Agreement if MANNATECHSupplier: (iA) fails to purchase meet and adhere to the quantities Manapol Powder Specifications set forth in Exhibit A; provided, however, that Supplier may cure such breach by supplying replacement Manapol Powder or refunding the applicable payment of Manapol[R] powder specified non-conforming Manapol Powder as set forth in this Supply AgreementSection 9(a); (ii) refuses or otherwise fails to promptly pay when due any monetary obligation to CARRINGTON under this Supply Agreement; (iii) misappropriates, misuses, or makes any unauthorized use of the Mark or materially impairs the goodwill a▇▇▇▇iated with the Mark; (ivB) violates any law, ordinance, rule or ▇▇gulation regulation of a governmental agency in the connection with the Manufactured Productssupply of the Manapol Powder to Mannatech, and permits the same to go uncorrected after learning thereof; (C) fails to maintain or suffers cancellation of any insurance policy required under this Agreement; or (vD) fails to comply with any other provision of this Supply Agreement. Notwithstanding anything contained herein to the contrary, CARRINGTON Mannatech shall not have the right to terminate this Supply Agreement if the corrective action necessary to cure such breach cannot be completed within the Supplier Cure Period; provided, however, Period provided that MANNATECH Supplier (i) has, within the Supplier Cure Period, initiated the necessary and commercially reasonable action required to cure such breach; breach and (ii) shall has thereafter earnestly and continuously proceed continued to take commercially reasonable efforts to complete the corrective action necessary to cure such breach within a time period mutually agreed upon by the breachParties.