Exclusivity Breach definition

Exclusivity Breach has the meaning set forth in Section 17.01(e).
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Exclusivity Breach means any breach by the Partnership of its agreements contained in this Section 5.11.
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Exclusivity Breach. With respect to breach of this Section 2.2(a) arising from the act or omission of a Subcontractor, Contractor may cure the breach by removing such Subcontractor from participation in any Contractor Activities and no longer subcontracting with such Subcontractor for Contractor Activities. For purposes of Section 2.2(a), an act or omission of Contractor or Subcontractor that would otherwise constitute a breach of this Section 2.2(a) shall not constitute a breach if Sunrun consents to such act or omission. TPO Products sold within three (3) days after the Amendment No.3 Effective Date and TPO Products that are not Sunrun Products but exist in the Contractor’s pipeline as of the Amendment No. 3 Effective Date shall be excluded from the Contractor exclusivity obligations in Section 2.2(a). Notwithstanding the foregoing, during the NTP Payment Period only, upon thirty (30) days written notice to Sunrun, Contract may opt out of Exclusivity and Contractor and any Subcontractor may sell TPO Products that are not Sunrun Products to residential customers in the Territory at the conclusion of such notice period (“Exclusivity Opt-Out Option”).
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Examples of Exclusivity Breach in a sentence

  • The Knicks further acknowledge that Licensor does not have an adequate remedy at law for an Exclusivity Breach.

  • The Knicks hereby acknowledge that Licensor and its Affiliates will be irreparably and continually harmed by any Exclusivity Breach or the threat thereof and that damages for an Exclusivity Breach cannot be estimated with any degree of certainty and that monetary damages cannot fairly or adequately compensate Licensor for an Exclusivity Breach.

  • The Rangers hereby acknowledge that Licensor and its Affiliates will be irreparably and continually harmed by any Exclusivity Breach or the threat thereof and that damages for an Exclusivity Breach cannot be estimated with any degree of certainty and that monetary damages cannot fairly or adequately compensate Licensor for an Exclusivity Breach.

  • The Rangers further acknowledge that Licensor does not have an adequate remedy at law for an Exclusivity Breach.

  • The Parties agree that such Termination Fee is reasonable in light of the damages the AOLB Parties would suffer in the event the agreement is terminated due to a Material Itau Exclusivity Breach or Material Marketing Breach during the first five (5) Anniversary Years.

  • In the event, AOLA or AOLB terminates the Agreement pursuant to this Section 11.2 after the first five Anniversary Years for a Material Itau Exclusivity Breach or a Material Marketing Breach, AOLA and AOLB shall be entitled to any available remedies at law or in equity.

  • In the event a Notifying Party elects (b) above, in the case of a Material AOLB Exclusivity Breach, the provisions of Section 2.3 shall no longer apply to Itau or its Affiliates; and in the case of a Material Itau Exclusivity Breach, the provisions of Section 7.1, 2.3.2 and 2.3.3 shall no longer apply to the AOLB Parties or their Affiliates.

  • Accordingly, in the event, AOLA or AOLB terminates the Agreement pursuant to this Section 11.2 during the first five Anniversary Years for a Material Itau Exclusivity Breach or a Material Marketing Breach, to compensate the AOLB Parties for such loss of value, Itau shall pay to AOLA or AOLB, (as determined by AOLA in its sole discretion), as the AOLB Parties' sole and exclusive remedy for such Material Breach, the Termination Fee.

  • The rights and obligations of the respective Parties in the event of termination by GSK for an uncured Regulus Diligence Failure Event or a Regulus Exclusivity Breach shall be as specifically set forth in Section 12.7.3(c) below and/or in the Side Agreement.

  • If the Merger Agreement terminates for any reason, the Sprint Parties agree to waive the applicability of Section 17.14 (other than with respect to punitive damages) of the Sprint PCS Management Agreements (as defined in the Merger Agreement) to any damages suffered by the Alamosa Parties during the period from the Signing Date through the date of the termination of the Merger Agreement as a result of any actions by any of the Sprint Parties during such period that constitute an Exclusivity Breach.

Related to Exclusivity Breach

  • Non-Breaching Party has the meaning set forth in Section 13.2(a).

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

  • 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 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.

  • Privacy Breach means any unauthorised or accidental access to or use of, or disclosure, alteration, loss, or destruction of, any Personal Information