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 Agreement and Supplier shall have the right to terminate this Agreement upon thirty (30) days prior written notice (each such period, a “Mannatech Cure Period”) to Mannatech, specifying the default below and providing Mannatech with the applicable Mannatech Cure Period to cure such default. The termination shall be effective upon the expiration of the applicable Mannatech Cure Period if Mannatech fails to cure such default. It shall be a breach of this Agreement and constitute good cause for termination of this Agreement if Mannatech: (A) refuses or otherwise fails to pay when due any monetary obligation to Supplier under this Agreement; (B) violates any law, ordinance, rule or regulation of a governmental agency in connection with its use of the Manapol Powder, and permits the same to go uncorrected after learning thereof; or (C) fails to comply with any other provision of this Agreement. Notwithstanding anything contained herein to the contrary, Supplier shall not have the right to terminate this Agreement if the corrective action necessary to cure such breach cannot be completed within the Mannatech Cure Period provided that Mannatech (i) has, within the applicable Mannatech Cure Period, initiated the necessary and commercially reasonable action required to cure such breach and (ii) has thereafter 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 Parties.

Appears in 1 contract

Samples: Supply Agreement (Mannatech Inc)

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Termination With Cure Period. Upon the occurrence of any of the events specified below, Mannatech CARRINGTON shall be in default of this Agreement and Supplier Supply Agxxxxxxx xxd MANNATECH shall have the right to terminate this 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 such period, a “Mannatech "Cure Period") to MannatechCARRINGTON, specifying the default below of this Supply Xxxxxxxxx which shall constitute good cause for termination and providing Mannatech CARRINGTON with the applicable Mannatech Cure Period to cure such defaultthe default giving rise to the good cause for termination. The termination shall be effective upon the expiration of the applicable Mannatech Cure Period if Mannatech CARRINGTON fails to cure such the default. It shall be a breach shalx xx x xxeach of this Supply Agreement and constitute good cause for termination of this the Supply Agreement if MannatechCARRINGTON: (Ai) refuses or otherwise fails to pay when due any monetary obligation meet and adhere to Supplier under this Agreementxxx Xxxxpol[R] powder quality specifications set forth in Exhibit C; provided, however, that CARRINGTON may cure such breach by suppxxxxx xxxxacement Manapol[R] powder or refunding the applicable payment of non-conforming Manapol[R] powder as set forth in Section 8.2; (Bii) violates any law, ordinance, rule or regulation of a governmental agency in the connection with its use the supply of the Manapol PowderMannapol[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 (Civ) fails to comply with any other provision of this Supply Agreement. Notwithstanding anything contained herein to the contrary, Supplier 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 Mannatech Cure Period provided Period; provided, however, that Mannatech CARRINGTON (i) has, within the applicable Mannatech Cure Period, initiated the necessary and commercially reasonable xxxessary action required to cure such breach breach; and (ii) has shall thereafter continued to take commercially reasonably efforts earnestly and continuously proceed to complete the corrective action necessary to cure such breach within a time period mutually agreed upon by the Partiesbreach.

Appears in 1 contract

Samples: Trademark License and Supply Agreement (Carrington Laboratories Inc /Tx/)

Termination With Cure Period. Upon the occurrence of any of the events specified below, Mannatech XXXXXXXXXX shall be in default of this Supply Agreement and Supplier MANNATECH shall have the right to terminate this 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 such period, a “Mannatech Cure Period”) to MannatechXXXXXXXXXX, specifying the default below of this Supply Agreement which shall constitute good cause for termination and providing Mannatech XXXXXXXXXX with the applicable Mannatech Cure Period to cure such defaultthe default giving rise to the good cause for termination. The termination shall be effective upon the expiration of the applicable Mannatech Cure Period if Mannatech XXXXXXXXXX fails to cure such the default. It shall be a breach of this Supply Agreement and constitute good cause for termination of this the Supply Agreement if MannatechXXXXXXXXXX: (Ai) refuses or otherwise fails to pay when due any monetary obligation meet and adhere to Supplier under this Agreementthe Manapol® powder quality specifications set forth in Exhibit C; provided, however, that XXXXXXXXXX may cure such breach by supplying replacement Manapol® powder or refunding the applicable payment of non-conforming Manapol® powder as set forth in Section 8.2; (Bii) violates any law, ordinance, rule or regulation of a governmental agency in the connection with its use the supply of the Manapol PowderMannapol® 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 (Civ) fails to comply with any other provision of this Supply Agreement. Notwithstanding anything contained herein to the contrary, Supplier 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 Mannatech Cure Period provided Period; provided, however, that Mannatech XXXXXXXXXX (i) has, within the applicable Mannatech Cure Period, initiated the necessary and commercially reasonable action required to cure such breach breach; and (ii) has shall thereafter continued to take commercially reasonably efforts earnestly and continuously proceed to complete the corrective action necessary to cure such breach within a time period mutually agreed upon by the Partiesbreach.

Appears in 1 contract

Samples: Trademark License and Supply Agreement (Mannatech Inc)

Termination With Cure Period. Upon the occurrence of any of the events specified below, Mannatech Supplier shall be in default of this Agreement and Supplier Mannatech shall have the right to terminate this Agreement upon thirty (30) days prior written notice for in the case of a monetary default (each such period, a “Mannatech Supplier Cure Period”) to MannatechSupplier, specifying the default below and providing Mannatech Supplier with the applicable Mannatech Supplier Cure Period to cure such defaultPeriod. The termination shall be effective upon the expiration of the applicable Mannatech Supplier Cure Period if Mannatech Supplier fails to cure such the default. It shall be a breach of this Agreement and constitute good cause for termination of this Agreement if MannatechSupplier: (A) refuses or otherwise fails to pay when due any monetary obligation meet and adhere to the Manapol Powder Specifications set forth in Exhibit A; provided, however, that Supplier under this Agreementmay cure such breach by supplying replacement Manapol Powder or refunding the applicable payment of non-conforming Manapol Powder as set forth in Section 9(a); (B) violates any law, ordinance, rule or regulation of a governmental agency in the connection with its use the supply of the Manapol PowderPowder 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 (CD) fails to comply with any other provision of this Agreement. Notwithstanding anything contained herein to the contrary, Supplier Mannatech shall not have the right to terminate this Agreement if the corrective action necessary to cure such breach cannot be completed within the Mannatech Supplier Cure Period provided that Mannatech Supplier (i) has, within the applicable Mannatech Supplier Cure Period, initiated the necessary and commercially reasonable action required to cure such breach and (ii) has thereafter continued to take commercially reasonably reasonable efforts to complete the corrective action necessary to cure such breach within a time period mutually agreed upon by the Parties.

Appears in 1 contract

Samples: Supply Agreement (Mannatech Inc)

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 Supplier CARRINGTON shall have the right to terminate this Agreement Suppxx Xxxxxxxnt 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 below of this Supply Agreement which shall constitute good cause for termination and providing Mannatech MANNATECH with the applicable Mannatech Cure Period to cure such defaultthe default giving rise to the good cause for termination. The termination shall be effective upon the expiration of the applicable Mannatech Cure Period if Mannatech MANNATECH fails to cure such the default. It shall be a breach of this Supply Agreement and constitute good cause for termination of this the Supply Agreement if MannatechMANNATECH: (Ai) 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 Supplier CARRINGTON under this Supply Agreement; (Biii) misappropriates, misuses, or makes any unauthorized use of the Mark or materially impairs the goodwill axxxxiated with the Mark; (iv) violates any law, ordinance, rule or regulation xxgulation of a governmental agency in the connection with its use of the Manapol PowderManufactured Products, and permits the same to go uncorrected after learning thereof; or (Cv) fails to comply with any other provision of this Supply Agreement. Notwithstanding anything contained herein to the contrary, Supplier 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 Mannatech Cure Period provided Period; provided, however, 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) has shall thereafter continued to take commercially reasonably efforts earnestly and continuously proceed to complete the corrective action necessary to cure such breach within a time period mutually agreed upon by the Partiesbreach.

Appears in 1 contract

Samples: Trademark License and Supply Agreement (Carrington Laboratories Inc /Tx/)

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Termination With Cure Period. Upon the occurrence of any of the events specified below, Mannatech Seller shall be in default of this Agreement and Supplier Buyer shall have the right to terminate this 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 MannatechSeller, specifying the default below of this Agreement which shall constitute good cause for termination and providing Mannatech Seller with the applicable Mannatech Cure Period to cure such defaultthe default giving rise to the good cause for termination. The termination shall be effective upon the expiration of the applicable Mannatech Cure Period if Mannatech Seller fails to cure such the default. It shall be a breach of this Agreement and constitute good cause for termination of this the Agreement if MannatechSeller: (Ai) refuses or otherwise fails to pay when due any monetary obligation meet and adhere to Supplier under this Agreementthe 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 non-conforming Product as set forth in as set forth in Paragraph 6.3 and its subparagraphs; (Bii) violates any law, ordinance, rule or regulation of a governmental agency in the connection with its use the supply of the Manapol PowderProduct 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 (Civ) fails to comply with any other provision of this Agreement. Notwithstanding anything contained herein to the contrary, Supplier Buyer shall not have the right to terminate this Agreement if the corrective action necessary to cure such breach cannot be completed within the Mannatech Cure Period provided Period; provided, however, that Mannatech Seller (i) has, within the applicable Mannatech Cure Period, initiated the necessary and commercially reasonable action required to cure such breach breach; and (ii) has shall thereafter continued to take commercially reasonably efforts earnestly and continuously proceed to complete the corrective action necessary to cure such breach within a time period mutually agreed upon by the Partiesbreach.

Appears in 1 contract

Samples: Supply Agreement (Mannatech Inc)

Termination With Cure Period. Upon the occurrence of any of the events specified below, Mannatech Supplier shall be in default of this Agreement and Supplier Mannatech shall have the right to terminate this Agreement upon thirty (30) days prior written notice for in the case of a monetary default (each such period, a “Mannatech Supplier Cure Period”) to MannatechSupplier, specifying the default below and providing Mannatech Supplier with the applicable Mannatech Supplier Cure Period to cure such defaultPeriod. The termination shall be effective upon the expiration of the applicable Mannatech Supplier Cure Period if Mannatech Supplier fails to cure such the default. It shall be a breach of this Agreement and constitute good cause for termination of this Agreement if MannatechSupplier: (A) refuses or otherwise fails to pay when due any monetary obligation meet and adhere to Manapol and/or Hi Fi Specifications set forth in Exhibit A; provided, however, that Supplier under this Agreementmay cure such breach by supplying replacement Manapol and/or Hi Fi or refunding the applicable payment of non-conforming product as set forth in Section 9(a); (B) violates any law, ordinance, rule or regulation of a governmental agency in the connection with its use the supply of the Manapol Powderand/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 (CD) fails to comply with any other provision of this Agreement. Notwithstanding anything contained herein to the contrary, Supplier Mannatech shall not have the right to terminate this Agreement if the corrective action necessary to cure such breach cannot be completed within the Mannatech Supplier Cure Period provided that Mannatech Supplier (i) has, within the applicable Mannatech Supplier Cure Period, initiated the necessary and commercially reasonable action required to cure such breach and (ii) has thereafter continued to take commercially reasonably reasonable efforts to complete the corrective action necessary to cure such breach within a time period mutually agreed upon by the Parties.

Appears in 1 contract

Samples: Supply Agreement (Mannatech Inc)

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 Supplier XXXXXXXXXX shall have the right to terminate this 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 such period, a “Mannatech Cure Period”) to MannatechMANNATECH, specifying the default below of this Supply Agreement which shall constitute good cause for termination and providing Mannatech MANNATECH with the applicable Mannatech Cure Period to cure such defaultthe default giving rise to the good cause for termination. The termination shall be effective upon the expiration of the applicable Mannatech Cure Period if Mannatech MANNATECH fails to cure such the default. It shall be a breach of this Supply Agreement and constitute good cause for termination of this the Supply Agreement if MannatechMANNATECH: (Ai) fails to purchase the quantities of Manapol® powder specified in this Supply Agreement; (ii) refuses or otherwise fails to promptly pay when due any monetary obligation to Supplier XXXXXXXXXX under this Supply Agreement; (Biii) misappropriates, misuses, or makes any unauthorized use of the Xxxx or materially impairs the goodwill associated with the Xxxx; (iv) violates any law, ordinance, rule or regulation of a governmental agency in the connection with its use of the Manapol PowderManufactured Products, and permits the same to go uncorrected after learning thereof; or (Cv) fails to comply with any other provision of this Supply Agreement. Notwithstanding anything contained herein to the contrary, Supplier XXXXXXXXXX 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 Period; provided, however, 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) has shall thereafter continued to take commercially reasonably efforts earnestly and continuously proceed to complete the corrective action necessary to cure such breach within a time period mutually agreed upon by the Partiesbreach.

Appears in 1 contract

Samples: Trademark License and Supply Agreement (Mannatech Inc)

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