Uncured Material Breach Sample Clauses
An Uncured Material Breach clause defines the consequences when one party significantly violates the contract and fails to remedy the breach within a specified period after receiving notice. Typically, this clause outlines the process for notifying the breaching party, sets a cure period (such as 30 days), and details the rights of the non-breaching party if the breach remains unresolved, such as the right to terminate the agreement or seek damages. Its core function is to provide a clear mechanism for addressing serious contract violations, ensuring that parties have an opportunity to fix issues before more severe remedies are pursued.
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Uncured Material Breach. If a material breach is declared and not cured, 1 of the following will occur, as required by Section 8(1) of the Act:
(a) The Governor of the State of Michigan will place the District in receivership. As used in this subdivision and the Act, “receivership” means the process under the Act by which a financial emergency is addressed through the appointment of an emergency manager. Receivership does not include Chapter 9 or any provision under federal bankruptcy law.
(b) The Governor of the State of Michigan will place the District in the neutral evaluation process. As used in this subdivision and the Act, “neutral evaluation process” means a form of alternative dispute resolution or mediation between the District and interested parties in reaching their own settlement of issues under the Act.
Uncured Material Breach. Either party may terminate this ----------------------- Agreement upon written notice for any material breach of this Agreement which the other party fails to cure within thirty (30) days following written notice of such breach by the non-breaching party.
Uncured Material Breach. Except as otherwise provided herein, upon material breach of any of the terms or conditions of this Agreement by the other party, if such breach has not been cured within * of the non-breaching party giving written notice thereof to the breaching party. Any such termination shall become effective upon the end of such period unless the breaching party (or any other party on its behalf) has cured such breach or default prior to the end of the * period; provided, however, if either party receives notification from the other party of a material breach and the party alleged to be in breach notifies the other party that it disputes such alleged breach, then the matter shall be submitted to arbitration pursuant to Section 14.11 below. In such event, no termination shall become effective unless the arbitrators have determined that a material breach has occurred and the breaching party fails to cure such breach within the period for such cure specified by the arbitrators.
Uncured Material Breach. If a material breach is declared and not cured, one of the following will occur, as required by section 8(1) of Act 436:
(1) the Governor may place the District in receivership as defined under section 2(q) of Act 436 (“receivership”) and the District shall not contest the placement in receivership or the resulting appointment of an emergency manager under Act 436; or
(2) the Governor may place the District in the neutral evaluation process as defined under section 2(o) of Act 436 (“neutral evaluation process”), and the District shall not contest the placement in the neutral evaluation process and will initiate the neutral evaluation process as required by and consistent with section 25 of Act 436.
Uncured Material Breach. (a) If either Party believes that the other is in material breach of this Agreement, then the non-breaching Party may deliver notice of such breach to the other Party. In such notice the non-breaching Party shall identify the actions or conduct that it wishes such Party to take for an acceptable and prompt cure of such breach; provided, that such identified actions shall not bind the other Party with respect to the actions that it may need to take to cure such breach. The allegedly breaching Party shall have sixty (60) days to either cure such breach or, if cure cannot be reasonably effected within such sixty (60) day period, to deliver to the other Party, as soon as practicable during the sixty (60) day cure period, a plan for curing such breach which is reasonably sufficient to effect a cure within ninety (90) days of the date of the initial notice of breach. Following delivery of such plan, the breaching Party shall use Diligent Efforts to carry out the plan and cure the breach within such ninety (90) day period.
(b) If the Party receiving notice of material breach fails to cure such breach within the sixty (60) day or ninety (90) day period, as applicable, or the Party providing the notice reasonably determines that the proposed corrective plan or the actions being taken to carry it out is not commercially practicable to effect a cure within ninety (90) days of the original notice of material breach, the Party originally delivering the notice may declare a breach hereunder upon an additional thirty (30) days advance written notice. Such notice shall effectively terminate this Agreement upon expiration of such thirty (30) day period, subject to Clauses (c) and (d) below.
(c) If a breach alleged under Clause (a) is limited or restricted to Canada, then the notice provided under Clause (a) shall state such fact and, unless otherwise provided in this Article 17, any termination under this Section 17.2.2 for such breach shall be effective only as to Canada; provided, however, that a breach alleged under Clause (a) with respect to the USA shall be considered a breach with respect to all countries in the NOVACEA Territory for purposes of this Agreement.
(d) If a Party gives notice of termination under this Clause (a) and the other Party disputes whether such notice was proper, or the Parties disagree as to whether the breaching Party has cured such breach within the applicable cure period (or used Diligent Efforts to cure such breach pursuant to a plan delive...
Uncured Material Breach. If a material breach is declared and not cured, one of the following will occur, as required by section 8(1) of Act 436:
(1) the governor may place the County in receivership as defined under section 2(q) of Act 436 and the County shall not contest the placement in receivership or the resulting appointment of an emergency manager under Act 436; or
(2) the governor may place the County in the neutral evaluation process as defined under section 2(o) of Act 436 and the County shall not contest the placement in the neutral evaluation process and will initiate the neutral evaluation process as required by and consistent with section 25 of Act 436.
Uncured Material Breach. If either Party (the “Non-Breaching Party”) believes that the other Party (the “Breaching Party”) is in material breach of any of its obligations under this Agreement or under the Pharmacovigilance Agreement, then the Non-Breaching Party may deliver written notice of such material breach to the Breaching Party specifying the nature of the breach (a “Default Notice”). The Breaching Party shall have ninety (90) days (or thirty (30) days in the event of a payment breach) from the receipt of the Default Notice to cure such breach. If the Breaching Party fails to cure such breach within such ninety (90)-day period (or thirty (30) day period in the event of a payment breach by Vinbiocare), then the Non-Breaching Party may terminate this Agreement by giving the Breaching Party written notice of termination, which termination shall be effective immediately upon the Breaching Party’s receipt of such notice of termination.
Uncured Material Breach. In addition to any other remedies that may be available to the non-breaching Party at law or equity, if a Party materially breaches this Agreement, and the breaching Party has not cured such breach within thirty (30) days of written notice of such material breach from the non-breaching Party, then the non-breaching Party may terminate this Agreement by delivering a second written notice promptly after expiration of such thirty (30) day period. In the event of Cytokinetics' uncured material breach, at the end of such thirty (30) day period, Portola shall have the immediate right of re-entry and may remove all persons and property from the Licensed Premises. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Uncured Material Breach. Abbo▇▇ ▇▇▇ terminate this Agreement for cause upon an uncured material breach of a warranty or representation by i-STAT of this Agreement as set forth in Sections 12.1 and 12.3; or
Uncured Material Breach. In addition to any other remedies that may be available to the non-breaching Party at law or equity, if a Party materially breaches this Agreement, and the breaching Party has not cured such breach within [***] ([***]) days of written notice of such material breach from the non-breaching Party, then the non-breaching Party may terminate this Agreement by delivering a second written notice promptly after expiration of such [***] ([***]) day period. In the event of Cytokinetics' uncured material breach, at the end of such [***] ([***]) day period, Portola shall have the immediate right of re-entry and may remove all persons and property from the Licensed Premises. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.