Breached Party definition

Breached Party shall have the meaning set forth in Section 7.4(b).
Breached Party means the Party subject to a Data Security Breach; Business Day: any day (excluding Saturdays and Sundays) on which banks generally are open for business in London; Centre Address: the main premises from which you deliver or propose to deliver the Qualifications, as stated within the Centre Recognition Form; Centre Recognition Form: the form completed and signed by you (incorporating these Terms) and submitted to us in connection with your application for Centre Recognition or (where applicable) any other form issued by us and completed and signed by you for similar purposes, together with (as the context shall permit or require) any further or associated forms or documents submitted by you to us from time to time, including the Qualification Approval Forms (once finalised) where applicable; Centre Rules: the rules and requirements set out in Appendix 2 which you must comply with to deliver the Qualifications; Centre Services: the services which you provide to the Learners and (if and to the extent applicable) to any other third parties; Controls: where a person possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of the other person, whether through the ownership of voting shares, by contract or otherwise; Complaints Policy: the policy issued by us entitled “Complaints Policy and Procedure”, which details our complaints policy and procedures; Confidential Information: the provisions of the Agreement, all guidance or information issued or provided by us (including the Policies, the Relevant Regulations and the Qualification Specifications), all technical or commercial know-how, processes or initiatives which are of a confidential nature, details of our employees, agents, consultants or sub- contractors, the Shared Personal Data, and any other information of a confidential nature concerning our business or our services or products;
Breached Party has the meaning set forth in Section 10.2.3(a).

Examples of Breached Party in a sentence

  • In the event either Party has actual knowledge that its proprietary information technology services or programs have been breached or otherwise subject to unauthorized access (“Breached Party”), the Breached Party shall notify the other Party no later than (3) business days of confirming the occurrence of such breach.

  • All costs related to the Parties’ activities undertaken pursuant to this Section shall be borne by the Breached Party to the extent such Breached Party is in material breach of the Agreement or is grossly negligent where such breach or gross negligence causes the remediation costs.

  • The Breached Party shall be solely responsible to notify government authorities and individuals of any Data Breach experienced by it.

  • In case one Party is late for payment more than fifteen (15) days from the due date (Breaching Party), the other Party (Breached Party) has the right to request the Violating Party to pay an additional amount of interest.

  • While coordinating closely with the non-Breached Party, it remains the responsibility of the Breached Party to provide an appropriate notice to the individuals that are or may be affected if the Breached Party is required by Applicable Law to provide such notice or the circumstances of the Breach lead the Breached Party to determine that such notice is required for business or reputational reasons.

  • If such breach relates to any Personally Identifiable Information, notification of individuals affected will be at the Parties’ discretion and in discussion in accordance with Applicable Law and at the sole expense of the Breached Party.

  • The Breached Party further agrees to provide all reasonable assistance requested by the other party in the furtherance of any investigation, correction, and/or remediation of any such Breach, including, but not limited to, providing any notification that the other party may determine appropriate to send to individuals impacted or potentially impacted and/or providing any credit monitoring or identity protection services that the other party deems appropriate to provide.

  • The Breached Party shall fund all costs associated with the remediation of any such breach.

  • The non-breached Party shall have the right to suspend sharing Program Information or Company Independent Information, as applicable, with the Breached Party if such Breached Party or its agent suffers a Security Incident until such time as the cause of the Security Incident (and risk of another Security Incident) have been addressed to the sharing Party’s reasonable satisfaction.

  • If the non-Breached Party is required under Applicable Law to provide notice to individuals that are or may be affected, the non-Breached Party, in its sole discretion, may opt to give the actual notice to the Customer, in which event the costs of issuing such notice will be borne by the Breached Party and the Breached Party shall provide additional notice only in consultation with the non-Breached Party.


More Definitions of Breached Party

Breached Party has the meaning set forth in Section 4.4(h).
Breached Party has the meaning set forth in Section 8.1(v).

Related to Breached Party

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

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

  • 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

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

  • Aggrieved person is the person or persons making the claim.

  • 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.

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

  • Specified Party means the Administrative Agent, the Issuing Bank, the Swingline Lender or any other Lender.

  • 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.

  • Tax Indemnified Party shall have the meaning set forth in Section 7.6(d).

  • Performing Party As defined in Section 11.12.

  • Disputing Party has the meaning specified in Paragraph 5.

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

  • Tax Indemnifying Party shall have the meaning set forth in Section 7.6(d).

  • Buyer Indemnified Party has the meaning set forth in Section 8.2.

  • Interested Party means a person:

  • Terminated Party As defined in Section 7.01(c) of this Agreement.

  • Indemnified Party shall have the meaning set forth in Section 5(c).

  • Allegation means any written or oral statement or other indication of possible scholarly misconduct made to an institutional official.

  • Responding Party shall have the meaning set forth in Section 12.2 hereof.

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

  • 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;

  • Notified Party has the meaning specified in Section 13.2.

  • Remedy a Violation means to bring the structure or other development into compliance with state and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

  • Indemnified Party’s Group means the Seller Group (with respect to a Seller Indemnified Party) or the Purchaser Group (with respect to a Purchaser Indemnified Party).

  • Covered Party has the meaning assigned to it in Section 9.21.