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

  • If an Alleged Breaching Party fails to respond to the Notice of Breach within the Cure Period, the Complaining Party or Parties shall not be required to meet and confer prior to taking appropriate action to enforce the Breach.

  • 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.

  • 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.

  • 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.

  • 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.

Related to Alleged Breaching Party

  • Non-Breaching Party has the meaning set forth in Section 9.2.1.

  • 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 the Insured’s privacy statement, breach of a person’s right of publicity, false light, intrusion upon a person’s seclusion, public disclosure of a person’s privacy information, or misappropriation of a person’s picture or name for commercial gain.

  • Intentional Breach means, with respect to any agreement or covenant of a party in this Agreement, an action or omission taken or omitted to be taken by such party in material breach of such agreement or covenant that the breaching party intentionally takes (or fails to take) with actual knowledge that such action or omission would, or would reasonably be expected to, cause such material breach of such agreement or covenant.

  • Major Breach means a breach of:

  • Breach means the acquisition, access, use, or disclosure of PHI in a manner not permitted 9 under the HIPAA Privacy Rule which compromises the security or privacy of the PHI.

  • 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 the following:

  • Security Breach means the unauthorized acquisition of or access to Customer Data by an unauthorized person that compromises the security, confidentiality, or integrity of Customer Data, including instances in which internal personnel access systems in excess of their user rights or use systems inappropriately. “Security Breach” shall also be deemed to include any breach of security, confidentiality, or privacy as defined by any applicable law, rule, regulation, or order.

  • 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).

  • Terminating Company Breach has the meaning specified in Section 10.01(b).