Alleged Breaching Party definition

Alleged Breaching Party has the meaning set forth in Section 9.2(a).
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Alleged Breaching Party shall have the meaning set forth in Section 11.5(b)(i).
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Examples of Alleged Breaching Party in a sentence

  • Within the Cure Period, the Alleged Breaching Party shall either cure the Breach or provide a written response to the Complaining Parties explaining why the Alleged Breaching Party believes that no such Breach has occurred.

  • Within five (5) business days after the Complaining Party becomes aware that the Alleged Breaching Party has taken action to cure an alleged Breach of this Agreement in accordance with this Section 6, the Complaining Party shall deliver written notice stating that the Breach has been cured or otherwise describing what actions are required to cure the alleged Breach.

  • If a Party (“Complaining Party”) believes that another Party (“Alleged Breaching Party”) has Breached the Agreement, the Complaining Party shall notify the Alleged Breaching Party (with a copy to all other Parties) of the alleged Breach in writing within ten (10) business days of the time that the Complaining Party becomes aware of, or reasonably should have become aware of, the circumstance constituting the alleged Breach.

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  • Should the Parties disagree on whether a Breach has occurred, a Breach has been adequately cured, or the remedy necessary to cure any alleged Breach, or if a Breach has not been cured within the Cure Period, the Alleged Breaching Party and Complaining Party or Complaining Parties shall meet and confer in good faith in an attempt to resolve any differences.

  • The Alleged Breaching Party may dispute such claim (a “Dispute”) by giving written notice (a “Notice of Dispute”) to the other party within 30 days of receiving a Default Notice.

  • If, as a result of such dispute resolution process, it is determined that the Alleged Breaching Party materially breached this Agreement and such Party does not cure such breach within [*****] after the date of the decision by the Dispute Resolution Panel (or within [*****] in the event of a default in payment) (the "Additional Cure Period"), then such termination shall be effective as of the expiration of the Additional Cure Period.

  • If the Alleged Breaching Party objects to the Willful Breach Notice, then the Alleged Breaching Party shall deliver a written notice signed by the Alleged Breaching Party (the "Dispute Notice") to all of the parties hereto (including the Escrow Agent) within ten business days after receipt by the Alleged Breaching Party of the Willful Breach Notice, but the delivery of such Dispute Notice shall not be deemed to delay or prevent the termination of this Agreement in accordance with Article 12.

  • If the Alleged Breaching Party does not deliver a Dispute Notice, then the Escrow Agent shall deliver the Deposit to the Non-Breaching Party pursuant to the Willful Breach Notice, without prejudice to any of the Non-Breaching Party's other remedies against the Alleged Breaching Party for such breach.

  • In such event termination of this Agreement shall not occur if the Alleged Breaching Party within [*****] after such written notice refers the dispute for resolution through a dispute resolution panel of three (3) independent legal arbitrators with expertise in pharmaceutical licensing ("Dispute Resolution Panel").

Related to Alleged Breaching Party

  • Non-Breaching Party has the meaning set forth in Section 9.3.

  • Breaching Party has the meaning set forth in Section 12.2.

  • Serious Breach means any breach defined as a Serious Breach in the Agreement or any breach or breaches which adversely, materially or substantially affect the performance or delivery of the Services or compliance with the terms and conditions of the Agreement or the provision of a safe, healthy and supportive learning environment or a breach of security that adversely affects the Personal Data or privacy of an individual. Failure to comply with Law, or actions or omissions by the Provider that endanger the Health or Safety of Learners, Provider Personnel, and all other persons including members of the public would constitute a Serious Breach;

  • Data Breach means the unauthorized access by an unauthorized person that results in the use, disclosure or theft of Customer Data.

  • Persistent Breach means a Default which has occurred on three or more separate occasions with a continuous period of six (6) months.

  • complaining Party means any Party that requests the establishment of an arbitration panel under Article 3.5 (Initiation of the Arbitration Procedure);

  • Material Breach means a breach by either Party of any of its obligations under this Agreement which has or is likely to have a Material Adverse Effect on the Project and which such Party shall have failed to cure.

  • Willful and Material Breach means a material breach that is a consequence of an act undertaken by the breaching party or the failure by the breaching party to take an act it is required to take under this Agreement, with knowledge that the taking of or failure to take such act would, or would reasonably be expected to, result in, constitute or cause a breach of this Agreement.

  • Privacy Breach means a common law breach of confidence, infringement, or violation of any rights to privacy, including but not limited to breach of “Your” privacy statement, breach of a person’s right of publicity, wrongful collection, false light, intrusion upon a person’s seclusion, public disclosure of “Private Information”, or misappropriation of a person’s picture or name for commercial gain.

  • Intentional Breach means, with respect to any representation, warranty, agreement or covenant, an action or omission taken or omitted to be taken that the breaching party intentionally takes (or intentionally fails to take) and knows (or reasonably should have known) would, or would reasonably be expected to, cause a material breach of such representation, warranty, agreement or covenant.

  • Major Breach means a breach of:

  • Breach means an impermissible use or disclosure of electronic or non-electronic sensitive personal information by an unauthorized person or for an unauthorized purpose that compromises the security or privacy of Confidential Information such that the use or disclosure poses a risk of reputational harm, theft of financial information, identity theft, or medical identity theft. Any acquisition, access, use, disclosure or loss of Confidential Information other than as permitted by this DUA shall be presumed to be a Breach

  • Aggrieved party means a party entitled to pursue a remedy.

  • Data Breaches Party shall report to AHS, though its Chief Information Officer (CIO), any impermissible use or disclosure that compromises the security, confidentiality or privacy of any form of protected personal information identified above within 24 hours of the discovery of the breach. Party shall in addition comply with any other data breach notification requirements required under federal or state law.

  • Cure Period means the period specified in this Agreement for curing any breach or default of any provision of this Agreement by the Party responsible for such breach or default and shall:

  • Terminating Party As defined in Section 7.1(f).

  • Substantial Breach means a breach of any of clauses 3.8, 3.9, 4.1, 4.2, 5.1(c)(i) to 5.1(c)(xxiv) (inclusive), 17.1, 17.2, 31.2 or 31.7(c) of this Agreement;

  • Security Breach means (i) any act or omission that materially compromises either the security, confidentiality or integrity of Named Entity Protected Data, or the physical, technical, administrative or organizational safeguards put in place by Vendor or any Authorized Persons that relate to the protection of the security, confidentiality or integrity of Named Entity Protected Data, (ii) receipt of a complaint in relation to the privacy practices of Vendor or any Authorized Persons or a breach or alleged breach of this Contract relating to such privacy practices.

  • Terminating Acquiror Breach has the meaning specified in Section 10.01(c).

  • Credit Breach means the status of a Participant that does not currently meet the requirements of Tariff, Attachment Q or other provisions of the Agreements.

  • Third Party Claim Notice shall have the meaning set forth in Section 6.5(a).

  • Alleged wrongful conduct means violation of law, Infringement of Company’s rules, misappropriation of monies, actual or suspected fraud, substantial and specific danger to public health and safety or abuse of authority”.

  • Minor Breach means a delay or non-performance by either Party of its obligations under the Agreement which does not materially, adversely or substantially affect the performance or delivery of the Service or the provision of a safe, healthy and supportive learning environment;

  • injured party means any person entitled to claim compensation in respect of any loss or injury caused by a vehicle;

  • Attaching Party means any Party wishing to make a physical Facility Attachment on or in any AT&T structure.

  • Defaulting Party has the meaning specified in Section 6(a).