VIOLATIONS AND OPPORTUNITY TO CURE Sample Clauses

VIOLATIONS AND OPPORTUNITY TO CURE. (a) If the Township has reason to believe that Comcast violated any material provision of this Agreement, it shall notify Comcast in writing of the nature of such violation and the section(s) of this Agreement that it believes has been violated and the details relating thereto. The person providing such notice shall do so pursuant to the requisite authority of the Township. (b) Comcast shall have forty-five (45) days to cure such violation after written notice is received by taking reasonable steps to comply with the terms of this Agreement. If the nature of the violation is such that it cannot be fully cured within forty-five (45) days, the period of time in which Comcast must cure the violation shall be extended by the Township in writing for such additional time necessary to complete the cure, provided that Comcast shall have promptly commenced to cure and is taking reasonable steps to complete the cure in the reasonable judgment of the Township. (c) If the violation has not been cured within the time period allowed under Section 8.1(b) and, in the Township’s judgment, Comcast has not taken reasonable steps to cure the violation, then the Township may deem that Comcast is liable for liquidated damages and/or any other right or remedy in accordance with this Section 8.
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VIOLATIONS AND OPPORTUNITY TO CURE. (a) If the Town has reason to believe that Charter violated any material provision of this Agreement, it shall notify Charter in writing of the nature of such violation, the section(s) of this Agreement that it believes has been violated and the details relating thereto. Subject to applicable law, if the Town does not notify Charter of any violation of this Agreement, it shall not operate as a waiver of any rights of the Town hereunder or pursuant to applicable law. (b) Charter shall have thirty (30) days to cure such violation after written notice is received by taking appropriate steps to comply with the terms of this Agreement. If the nature of the violation is such that it cannot be fully or reasonably cured within thirty (30) days, the period of time in which Charter must cure the violation shall be extended in writing for such additional time necessary to complete the cure, provided that Charter shall have promptly commenced to cure and is diligently pursuing its efforts to cure or other remedies available under applicable law.
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VIOLATIONS AND OPPORTUNITY TO CURE. (a) If the Municipality has reason to believe that Comcast violated any provision of this Agreement, it shall notify Comcast in writing of the nature of such violation and the section of this Agreement that it believes has been violated. If the Municipality does not notify Comcast of any violation of this Agreement, it shall not operate as a waiver of any rights of the Municipality hereunder or pursuant to applicable law. (b) Comcast shall have thirty (30) days to cure such violation after written notice is received by taking appropriate steps to comply with the terms of this Agreement. If the nature of the violation is such that, in the Municipality’s reasonable judgment, it cannot be fully cured within thirty (30) days due to circumstances outside of Comcast’s control, the period of time in which Comcast must cure the violation may be extended by the Municipality in writing for such additional time necessary to complete the cure, provided that Comcast shall have promptly commenced to cure and is diligently pursuing its efforts to cure in the reasonable judgment of the Municipality. (c) If the violation has not been cured within the time allowed under Section 9.1(b) above, then Comcast shall be liable for liquidated damages and the Municipality’s costs in accordance with Section 9.2 below.
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VIOLATIONS AND OPPORTUNITY TO CURE. A. If the Municipality has reason to believe that the Company violated any provision of this Franchise, it shall notify the Company in writing of the nature of such violation and the section(s) of this Franchise that it believes has been violated and the details relating thereto. If the Municipality does not notify the Company of any violation of this Franchise, it shall not operate as a waiver of any rights of the Municipality hereunder or pursuant to applicable law, unless such failure prejudices the rights of Company. B. The Company shall have thirty (30) days to cure such violation after written notice is received by taking appropriate steps to comply with the terms of this Franchise. If the nature of the violation is such that it cannot be fully cured within thirty (30) days, the period of time in which the Company must cure the violation shall be extended by the Municipality in writing for such additional time necessary to complete the cure, provided that the Company shall have promptly commenced to cure and is diligently pursuing its efforts to cure in the reasonable judgment of the Municipality. C. If the violation has not been cured within the time allowed under Section 16.1(B), and, in the Municipality’s judgment, the Company has not taken reasonable steps to cure the violation, then the Municipality may conduct a public hearing for the purposes of determining whether the Company has breached a material provision of the Franchise. The Company shall be provided at least 30 days’ advanced written notice of the hearing. At the hearing, the Company shall be provided an opportunity to present evidence, and to examine and cross-examine witnesses. The hearing shall be transcribed by a certified court reporter. If at the conclusion of the hearing the Municipality has determined that Company has breached a material term of the Franchise, the Municipality may deem that the Company is liable for liquidated damages and/or any other right or remedy and the Municipality’s costs in accordance with Section 16.2. The decision of the Municipality shall be made in writing and shall be delivered to the Company. The Company shall have the right to appeal any decision by Municipality in accordance with applicable law. The standard of review for such appeal shall be “de novo.”
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VIOLATIONS AND OPPORTUNITY TO CURE. (a) If the County has reason to believe that Comcast violated any material provision of this Agreement, it shall informally discuss any alleged violation with Comcast. If these discussions do not lead to resolution of the alleged violation in a reasonable time, the County shall notify Comcast in writing of the nature of such violation and the section(s) of this Agreement that it believes has been violated and the details relating thereto. If the County does not notify Comcast of any violation of this Agreement, it shall not operate as a waiver of any rights of the County hereunder or pursuant to applicable law. (b) Comcast shall have thirty (30) days from receipt of the written notice to: (i) respond to the County, if Comcast contests (in whole or in part) the assertion of a material violation; or (ii) cure such violation by taking appropriate steps to comply with the terms of this Agreement. If the nature of the violation is such that it cannot be fully cured within thirty (30) days, the period of time in which Comcast must cure the violation shall be extended by the County in writing for such additional time necessary to complete the cure, provided that Comcast shall have promptly commenced to cure and is diligently pursuing its efforts to cure in the reasonable judgment of the County. (c) If the County disagrees with Comcast’s challenge of the violation, or if the violation has not been cured within the time allowed under Section 8.1(b) and, in the County’s judgment, Comcast has not taken reasonable steps to cure the violation, then the County may deem that Comcast is liable for liquidated damages and/or any other right or remedy in accordance with Section 8.2.
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VIOLATIONS AND OPPORTUNITY TO CURE. (a) If the Town has reason to believe that Comcast has not complied with or has violated any material provision of this Agreement, it shall informally discuss any alleged noncompliance or violation with Comcast. If these discussions do not lead to resolution of the problem in a reasonable time and if the Town wishes to pursue the matter further, the Town shall notify Comcast in writing of the nature of such alleged noncompliance or violation and the section(s) of this Agreement that it believes has been violated and the details relating thereto. If the Town does not notify Comcast of any noncompliance or violation of this Agreement, it shall not operate as a waiver of any rights of the Town hereunder or pursuant to applicable law. (b) Comcast shall have forty-five (45) days from receipt of the written notice to: (i) respond to the Town, if Comcast contests (in whole or in part) the assertion of noncompliance; (ii) cure such noncompliance; or (iii) in the event that, by nature of the noncompliance, it cannot be cured within the forty-five (45) day period, the period of time in which Comcast must cure the violation shall be extended by the Town in writing for such additional time necessary to complete the cure, provided that Comcast shall have promptly commenced to cure and is diligently pursuing its efforts to cure. If such alleged noncompliance creates a safety hazard placing members of the public in imminent danger, Comcast shall commence cure promptly after notice. (c) If the violation has not been cured within the time allowed under Section 8.1(b) or if the Town disagrees with Comcast's challenge of the violation, then the Town may deem that Comcast is liable for liquidated damages and/or any other right or remedy in accordance with Section 8.2.
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Related to VIOLATIONS AND OPPORTUNITY TO CURE

  • Notice and Opportunity to Cure Notwithstanding the foregoing, it shall be a condition precedent to the Company’s right to terminate Executive’s employment for Cause and Executive’s right to terminate for Good Reason that (i) the party seeking termination shall first have given the other party written notice stating with specificity the reason for the termination (“breach”) and (ii) if such breach is susceptible of cure or remedy, a period of fifteen (15) days from and after the giving of such notice shall have elapsed without the breaching party having effectively cured or remedied such breach during such 15-day period, unless such breach cannot be cured or remedied within fifteen (15) days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional thirty (30) days) provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure.

  • Notice and Opportunity to Defend Promptly after the receipt by Buyer or the Company and/or the Seller of notice of any action, proceeding, claim or potential claim (any of which is hereinafter individually referred to as a “Circumstance”) which could give rise to a right to indemnification under this Agreement, such party (the “Indemnified Party”) shall give prompt written notice to the party or parties who may become obligated to provide indemnification hereunder (the “Indemnifying Party”). Such notice shall specify in reasonable detail the basis and amount, if ascertainable, of any claim that would be based upon the Circumstance. The failure to give such notice promptly shall relieve the Indemnifying Party of its indemnification obligations under this Agreement, unless the Indemnified Party establishes that the Indemnifying Party either had knowledge of the Circumstance or was not prejudiced by the failure to give notice of the Circumstance. The Indemnifying Party shall have the right, at its option, to compromise or defend the claim, at its own expense and by its own counsel, and otherwise control any such matter involving the asserted liability of the Indemnified Party, provided that any such compromise or control shall be subject to obtaining the prior written consent of the Indemnified Party which shall not be unreasonably withheld. An Indemnifying Party shall not be liable for any costs of settlement incurred without the written consent of the Indemnifying Party. If any Indemnifying Party undertakes to compromise or defend any asserted liability, it shall promptly notify the Indemnified Party of its intention to do so, and the Indemnified Party agrees to cooperate fully with the Indemnifying Party and its counsel in the compromise of or defense against any such asserted liability. All costs and expenses incurred in connection with such cooperation shall be borne by the Indemnifying Party, provided such costs and expenses have been previously approved by the Indemnifying Party. In any event, the Indemnified Party shall have the right at its own expense to participate in the defense of an asserted liability.

  • Opportunity to Cure The COUNTY may, at its sole discretion, provide the AGENCY with a Notice to Cure a breach of this Contract. If the AGENCY fails to cure the breach to the COUNTY’S satisfaction within the time provided in the Notice to Cure, the COUNTY may terminate this Contract for cause.

  • Opportunity to Remedy If the Funder considers that it is appropriate to allow the HSP an opportunity to remedy a breach of this Agreement, the Funder may give the HSP an opportunity to remedy the breach by giving the HSP Notice of the particulars of the breach and of the period of time within which the HSP is required to remedy the breach. The Notice will also advise the HSP that the Funder may terminate this Agreement: at the end of the Notice period provided for in the Notice if the HSP fails to remedy the breach within the time specified in the Notice; or prior to the end of the Notice period provided for in the Notice if it becomes apparent to the Funder that the HSP cannot completely remedy the breach within that time or such further period of time as the Funder considers reasonable, or the HSP is not proceeding to remedy the breach in a way that is satisfactory to the Funder.

  • Opportunity to Defend The indemnifying party may elect to compromise or defend, at its own expense and by its own counsel, any Asserted Liability; provided, however, the indemnifying party may not compromise or settle any Asserted Liability without the prior written consent of the indemnified party (which consent will not be unreasonably withheld, conditioned or delayed) unless (i) such compromise or settlement requires no more than a monetary payment for which the indemnified party hereunder is fully indemnified and such settlement provides a complete release of, or dismissal with prejudice of, all claims against the indemnified party for all matters that were or could have been asserted in connection with such claim, or (ii) involves no other matters binding upon the indemnified party (other than obligations of confidentiality). If the indemnifying party elects to compromise or defend such Asserted Liability, it will within thirty (30) calendar days from receipt of the Claims Notice notify the indemnified party of its intent to do so, and the indemnified party will cooperate, at the expense of the indemnifying party, in the compromise of, or defense against, such Asserted Liability. If the indemnified party fails to cooperate, then each indemnifying party will be relieved of its obligations under this Section 6 only to the extent that such indemnifying party is prejudiced by such failure to cooperate. Unless and until the indemnifying party elects to defend the Asserted Liability, the indemnified party will have the right, at its option, to do so in such manner as it deems appropriate; provided, however, that the indemnified party will not settle or compromise any Asserted Liability for which it seeks indemnification hereunder without the prior written consent of the indemnifying party (which will not be unreasonably withheld, conditioned or delayed). The indemnifying party will be entitled to participate in (but not to control) the defense of any Asserted Liability that it has elected not to defend with its own counsel and at its own expense.

  • OPPORTUNITY TO DISCUSS The Investor has received all materials relating to the Company's business, finance and operations which it has requested. The Investor has had an opportunity to discuss the business, management and financial affairs of the Company with the Company's management.

  • Opportunity to Review Customer declares that it has had sufficient opportunity to review this Agreement, understand the content of all of its sections, negotiate its terms, and seek independent professional legal advice before entering into it. Consequently, any statutory “form contract” (“adhesion contract”) regulations shall not be applicable to this Agreement.

  • Investigation of Financial Condition Without in any manner reducing or otherwise mitigating the representations contained herein, Company shall have the opportunity to meet with Buyer's accountants and attorneys to discuss the financial condition of Buyer. Buyer shall make available to Company all books and records of Buyer.

  • Opportunity to Ask Questions You have had the opportunity to ask questions about the Company and the investment. All your questions have been answered to your satisfaction.

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