VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT. Material violations of the contract terms or material breach of contract, after the expiration of the requisite notice and cure period, by either party shall be grounds for termination of the contract by the opposite party and any increased cost arising from the breaching party’s default, breach of contract, or violation of contract terms shall be paid by the breaching party. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. In the event of any material violation or material breach of the requirements or provisions of this contract by either party, the non-breaching party shall send the breaching party written notification, by certified mail, return receipt requested, asserting the existence of such breach in reasonable detail. Following its receipt of such written notice, the breaching party shall have a period of thirty (30) days in which to either contest the existence of such breach or to cure such breach if it is of a nature which can be cured within the thirty (30) days. In the event such breach ifs of the nature which is incapable of being cured within the thirty (30) days, the breaching party diligently attempting to cure the breach, the breaching party shall be deemed to be in compliance with this paragraph. If the breaching party fails to cure such breach within the thirty (30) days (or such longer period if so required), then the breaching party shall be deemed to be in violation of this contract and the non-breaching party may pursue any and all remedies available pursuant to this contract or at law or in equity.
Appears in 3 contracts
Samples: Personal Services Contract, Personal Services Contract, Personal Services Contract
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT. Material violations of the contract terms or material breach of contract, after the expiration of the requisite notice and cure period, by either party shall be grounds for termination of the contract by the opposite party and any increased cost arising from the breaching party’s default, breach of contract, or violation of contract terms shall be paid by the breaching party. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. In the event of any material violation or material breach of the requirements or provisions of this contract by either party, the non-breaching party shall send the breaching party written notification, by certified mail, return receipt requested, asserting the existence of such breach in reasonable detail. Following its receipt of such written notice, the breaching party shall have a period of thirty fifteen (3015) days in which to either contest the existence of such breach or to cure such breach if it is of a nature which can be cured within the thirty fifteen (3015) days. In the event such breach ifs is of the nature which is incapable of being cured within the thirty fifteen (3015) days, and the breaching party diligently attempting to cure the breach, the breaching party shall be deemed to be in compliance with this paragraph. If the breaching party fails to cure such breach within the thirty fifteen (3015) days (or such longer period if so required), then the breaching party shall be deemed to be in violation of this contract and the non-breaching party may pursue any and all remedies available pursuant to this contract or at law or in equity.
Appears in 2 contracts
Samples: Consultant Services Contract, Consultant Services Contract
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT. Material violations of the contract terms or material breach of contract, after the expiration of the requisite notice and cure period, by either party shall be grounds for termination of the contract by the opposite party and any increased cost arising from the breaching party’s default, breach of contract, or violation of contract terms shall be paid by the breaching party. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. In the event of any material violation or material breach of the requirements or provisions of this contract by either party, the non-breaching party shall send the breaching party written notification, by certified mail, return receipt requested, asserting the existence of such breach in reasonable detail. Following its receipt of such written notice, the breaching party shall have a period of thirty (30) days in which to either contest the existence of such breach or to cure such breach if it is of a nature which can be cured within the thirty (30) days. In the event such breach ifs is of the nature which is incapable of being cured within the thirty (30) days, and the breaching party diligently attempting to cure the breach, the breaching party shall be deemed to be in compliance with this paragraph. If the breaching party fails to cure such breach within the thirty (30) days (or such longer period if so required), then the breaching party shall be deemed to be in violation of this contract and the non-breaching party may pursue any and all remedies available pursuant to this contract or at law or in equity.
Appears in 2 contracts
Samples: Personal Services Contract, Personal Services Contract
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT. Material violations of the contract terms or material breach of contract, after the expiration of the requisite notice and cure period, by either a party shall be grounds for termination of the contract by the opposite party and any increased cost arising from the breaching party’s default, breach of contract, or violation of contract terms shall be paid by the breaching party. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party the party’s and shall be cumulative. In the event of any material violation or material breach of the requirements or provisions of this contract by either any party, the non-breaching party shall send the breaching party written notification, by certified mail, return receipt requested, asserting the existence of such breach in reasonable detail. Following its receipt of such written notice, the breaching party shall have a period of thirty (30) days in which to either contest the existence of such breach or to cure such breach if it is of a nature which can be cured within the thirty (30) days. In the event such breach ifs is of the nature which is incapable of being cured within the thirty (30) days, days and the breaching party is diligently attempting to cure the breach, the breaching party shall be deemed to be in compliance with this paragraph. If the breaching party fails to cure such breach within the thirty (30) days (or such longer period if so required), then the breaching party shall be deemed to be in violation of this contract and the non-breaching party may pursue any and all remedies available pursuant to this contract or at law or in equity.
Appears in 1 contract
Samples: Personal Services Contract
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT. Material violations of the contract terms or material breach of contract, after the expiration of the requisite notice and cure period, by either party shall be grounds for termination of the contract by the opposite party and any increased cost arising from the breaching party’s default, breach of contract, or violation of contract terms shall be paid by the breaching party. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. In the event of any material violation or material breach of the requirements or provisions of this contract by either party, the non-breaching party shall send the breaching party written notification, by certified mail, return receipt requested, asserting the existence of such breach in reasonable detail. Following its receipt of such written notice, the breaching party shall have a period of thirty fifteen (3015) calendar days in which to either contest the existence of such breach or to cure such breach if it is of a nature which can be cured within the thirty fifteen (3015) calendar days. In the event such breach ifs is of the nature which is incapable of being cured within the thirty fifteen (3015) calendar days, and the breaching party diligently attempting to cure the breach, the breaching party shall be deemed to be in compliance with this paragraph. If the breaching party fails to cure such breach within the thirty fifteen (3015) calendar days (or such longer period if so required), then the breaching party shall be deemed to be in violation of this contract and the non-breaching party may pursue any and all remedies available pursuant to this contract or at law or in equity.
Appears in 1 contract
Samples: Consultant Services Contract
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT. Material violations of the contract terms or material breach of contract, after the expiration of the requisite notice and cure period, by either a party shall be grounds for termination of the contract by the opposite party parties and any increased cost arising from the breaching party’s default, breach of contract, or violation of contract terms shall be paid by the breaching party. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. In the event of any material violation or material breach of the requirements or provisions of this contract by either any party, each of the non-breaching party party(ies) shall send the breaching party written notification, by certified mail, return receipt requested, asserting the existence of such breach in reasonable detail. Following its receipt of such written notice, the breaching party shall have a period of thirty (30) days in which to either contest the existence of such breach or to cure such breach if it is of a nature which can be cured within the thirty (30) days. In the event such breach ifs of the nature which is incapable of being cured within the thirty (30) days, days and the breaching party is diligently attempting to cure the breach, the breaching party shall be deemed to be in compliance with this paragraph. If the breaching party fails to cure such breach within the thirty (30) days day (or such longer period if so required), then the breaching party shall be deemed to be in violation of this contract and the non-breaching party parties may pursue any and all remedies available pursuant to this the contract or at law or in equity.
Appears in 1 contract
Samples: Personal Services Contract