Uncured Material Breach of Contract Sample Clauses

Uncured Material Breach of Contract. Either party may terminate this agreement should either party be found to be in default of this Agreement, by materially failing or refusing to perform or observe the terms, conditions or covenants in this Agreement and said default is not cured within thirty (30) days of receipt or written notice by the non-defaulting party, or if by reason of the nature of such default, the same cannot be remedied within thirty (30) days following receipt of written notice, the defaulting party fails to commence the remedy of such default within said thirty (30) days following such written notice, or having so commenced shall fail thereafter to continue with diligence the curing thereof (with the defaulting party having the burden of proof to demonstrate any reason for the failure to perform). Should this Agreement be terminated by virtue of this default provision in which Reve is determined to be in an uncured default condition, then in that event, the City shall give Reve six months to vacate the premises following written notice of the uncured default, and, in such event Reve may continue receiving and treating septage from haulers without interruption during the six month grace period so long as the cause of default does not impair the ability of Reve to process septage or inhibit the City from continuing normal treatment plant operations.
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Uncured Material Breach of Contract. Either party may terminate this agreement should either party be found to be in default of this Agreement, by materially failing or refusing to perform or observe the terms, conditions or covenants in this Agreement and said default is not cured within thirty (30) days of receipt or written notice by the non-defaulting party, or if by reason of the nature of such default, the same cannot be remedied within thirty (30) days following receipt of written notice, the defaulting party fails to commence the remedy of such default within said thirty (30) days following such written notice, or having so commenced shall fail thereafter to continue with diligence the curing thereof (with the defaulting party having the burden of proof to demonstrate any reason for the failure to perform).
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Related to Uncured Material Breach of Contract

  • Breach of Contract The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:

  • No Breach of Contract The Executive hereby represents to the Company that: (i) the execution and delivery of this Agreement by the Executive and the performance by the Executive of the Executive’s duties hereunder shall not constitute a breach of, or otherwise contravene, the terms of any other agreement or policy to which the Executive is a party or otherwise bound, except for agreements entered into by and between the Executive and any member of the Group pursuant to applicable law, if any; (ii) that the Executive has no information (including, without limitation, confidential information and trade secrets) relating to any other person or entity which would prevent, or be violated by, the Executive entering into this Agreement or carrying out his duties hereunder; (iii) that the Executive is not bound by any confidentiality, trade secret or similar agreement (other than this) with any other person or entity except for other member(s) of the Group, as the case may be.

  • VIOLATION OF CONTRACT TERMS / BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer’s default, breach of contract, or violation of contract terms shall be paid by Engineer.

  • Breach of Contract Claims To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.

  • Termination for Material Breach A party may terminate this Agreement immediately upon notice to the other parties if any of the other parties materially breaches this Agreement, and if capable of cure, does not cure the breach within 10 days after receiving notice specifying the breach. If the material breach affects only certain Services, the non-breaching party that served the notice may choose to terminate only the affected Services.

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