Alleging Party definition
Examples of Alleging Party in a sentence
In the event that the arbitration referred to in Section 7.4 results in a finding that the Breaching Party materially breached this Agreement and such breach was not cured to the reasonable satisfaction of the Alleging Party (as determined by the arbitrator) prior to the date of the decision of the arbitrator pursuant to Section 7.4, then the Alleging Party shall have the right to terminate this Agreement upon written notice to Breaching Party.
If either Party (the “Alleging Party”) determines that the other Party (the “Breaching Party”) has materially breach this Agreement, then the Alleging Party shall provide written notification of such alleged breach to the Breaching Party, which notification shall specify in reasonable detail the facts and circumstances of such alleged breach.
During such period, a senior officer (which shall be, as applicable, the chief executive officer or another senior officer of Licensee and the Chair of the Licensor) of each of the Alleging Party and the Breaching Party shall meet in person at a mutually agreed location, at least once, and by other telephone or electronic means as required, to use their best efforts in good faith to find a mutually-acceptable means for addressing the alleged breach.
If the Parties fail to reach agreement within ten (10) days following the end of the Consultation Period (the “Arbitration Initiation Date”) and the Breaching Party has not cured such alleged breach to the Alleging Party’s reasonable satisfaction, the Alleging Party and the Breaching Party shall be entitled to initiate binding arbitration to resolve such dispute.
Following the Alleging Party’s notification of breach pursuant to Section 7.1, the Breaching Party shall have a period of sixty (60) days or such longer period as agreed by the Alleging Party (“Cure Period”) to cure such breach .
The arbitrator shall be authorized to determine questions of fact and law, to award monetary damages and to order specific performance, provided that the sole questions to be determined by the arbitrator is whether the Breaching Party has material breached the terms of this Agreement and whether any failure of the Alleging Party to accept any proposed or actual cure of such breach was reasonable.
If, after the date of this Settlement, either IPG or JDSU (the "Alleging Party") believes it has a claim (a "New Dispute") against the other, the Alleging Party shall give notice to the other party of the New Dispute, setting forth, in reasonable detail, the nature and basis for the New Dispute.
If an Alleging Party knowingly materially misrepresents that material or activity on the Website or the Subscriber Site is infringing its copyright, it may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
In the event of a Default by City or Developer, the Parties intend that the primary remedy for the Alleging Party shall be specific performance of this Agreement.
In the event such breach is not cured within such [***] day period, as applicable, this Agreement or portion thereof, as applicable, may be terminated immediately by the Alleging Party.