THIRTY-DAY CURE Sample Clauses

THIRTY-DAY CURE. Maintaining the System's standards, goodwill,Marks, and Proprietary Information is essential for continued growth andprofitability of the System, protection of other System Owners, and meeting thepublic's expectations of the System. The terms of this Agreement are reasonableand essential to preserve the interests of all concerned. Upon Owner's breach ofthis Agreement, WPHLI may pursue any remedy for same, including, withoutlimitation or election of remedies, termination of this Agreement by deliveringnotice of termination to Owner, subject to Owner's opportunity to cure as setforth herein, if any. Such termination is deemed to be for good cause andeffective upon the date stated in the notice and according to its terms, unlessOwner timely cures the breach within the stated cure period or becomes entitledto an extended cure period and timely cures within the extended cure period.Upon Owner's breach, WPHLI may deliver a notice of intent to terminatespecifying the breach and a date at least thirty days hence by which Owner mayavoid termination by curing the breach to WPHLI's satisfaction which notice ofintent to terminate shall become effective without further notice to Owneraccording to its terms if Owner does not timely fully comply with the cureconditions. If the nature of the breach is such that it cannot be cured withinthe cure period, and Owner promptly takes diligent steps to cure the breachimmediately upon receiving such notice, promptly informs WPHLI in writing of thesteps Owner is taking to cure the breach, and diligently continues to do so,then, subject to WPHLI's consent, Owner shall have such additional period oftime as is reasonably necessary to cure the breach, not to exceed ninety days.Curing a breach includes at least fully remedying the breach, taking all stepsneeded to prevent the breach from occurring again, providing unconditionalwritten assurance to WPHLI that the breach will not be repeated, and payingWPHLI and all other non-defaulting entities adversely affected by Owner's breachall of their damages and attorney's fees caused by the breach, if any. None ofthe foregoing prevents a party from recovering damages or other relief orexercising any other remedy available to it, in law or equity, as determined bythis Agreement's dispute resolution process.
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