Material Breach of Contract definition

Material Breach of Contract means a violation of any of the Client's obligations set out in Article 8, Part X, of the Terms and Conditions and breach of the obligations stated in the Contract marked as "Material Breach of Contract" "Instruction" shall mean a clear and understandable direction of the Client addressed to the Bank to provide a Banking Service, to provide an Investment Service, or to perform any other activity or act usually made in paper form on the Bank's form, through Internet Banking, or by Telephone Banking or via any other permissible method under the Contract or the Terms and Conditions.
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Material Breach of Contract means a breach of the obligation to deliver on time and install the delivered product, where there is a defective title, as well as such material defects as detrimentally affect its functionality or suitability for use in such a manner as is not just negligible; moreover, where a duty to provide advice, protection or exercise due care has been breached, if such duties are intended to enable the Customer to use the product in the contractually intended manner or which are intended to protect the Customer’s employees from physical
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Examples of Material Breach of Contract in a sentence

  • In case of serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property, it shall constitute Material Breach of Contract and considered Licensees Event of Default that shall entitle DMRC to terminate the License Agreement with 30 days written notice.

  • In the event of Licensee failing to deposit the dues within thirty (30) days from the date of issue of termination notice, it shall constitute Material Breach of Contract and Licensee’s Event of Default under this Agreement and shall entitle Maha-Metro to encash the Security Deposit/Performance Security and terminate the License Agreement as per provisions stipulated in Chapter-15 of the License Agreement.

  • In the event of Licensee failing to deposit the dues within thirty (30) days from the date of issue of termination notice, it shall constitute Material Breach of Contract and Licensee’s Event of Default under this Agreement and shall entitle Maha-Metro to encash the Security Deposit and terminate the License Agreement as per provisions stipulated in Chapter-15 of the License Agreement.

  • In case of serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or Maha-Metro employees or loss to Maha-Metro property, it shall constitute Material Breach of Contract and considered Licensees Event of Default that shall entitle Maha- Metro to terminate the License Agreement with 30 days written notice.

  • In case of serious accident caused due to negligence of the Licensee, resulting in injury, death to visitor or Licensor’s employees or loss to Licensor’s property, it shall constitute Material Breach of Contract and considered Licensee Event of Default that shall entitle Licensor to terminate the License Agreement with 60 days written notice.

  • If the Licensee fails to pay or partly pay the Annual license fee and/or any other dues required to be paid as per terms and condition of License Agreement by the due date, this shall constitute as Material Breach of Contract as per clause 15.2.1 (b), making the Licensee liable for actions as per clause 15.3 of the License Agreement.

  • Repetitive failures within a 12 month period that are not consecutive but liquidated damages total $300,000 or more may result in the EMS Director recommending to the Board of Supervisors to find the Contractor in Material Breach of Contract.

  • In case of serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or CMRL employees or loss to CMRL property, it shall constitute Material Breach of Contract and considered Licensee Event of Default that shall entitle CMRL to terminate the License Agreement with 30 days written notice.

  • In case of serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or MAHA-METRO employees or loss to MAHA-METRO property, it shall constitute Material Breach of Contract and considered Licensees Event of Default that shall entitle MAHA-METRO to terminate this Agreement with 30 days written notice.

  • In the given context of installment contracts, I will distinguish between simple breach and material breach.12Definition 1 (Simple and Material Breach of Contract).

Related to Material Breach of Contract

  • Breach of Contract means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach.

  • 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.

  • 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.

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

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

  • 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;

  • Intentional for purposes of this Agreement, no act or failure to act on the part of the Executive shall be deemed to have been intentional if it was due primarily to an error in judgment or negligence. An act or failure to act on the Executive’s part shall be considered intentional if it is not in good faith and if it is without a reasonable belief that the action or failure to act is in the best interests of the Bank.

  • 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.

  • BREACH OF CONTRACTUAL OBLIGATION means amongst others also the following:

  • Breach of Duty means the Director or Officer breached or failed to perform his or her duties to the Corporation and his or her breach of or failure to perform those duties is determined, in accordance with Section 8.04, to constitute misconduct under Section 180.0851 (2) (a) 1, 2, 3 or 4 of the Statute.

  • Breach of system security means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data. Good faith acquisition of sensitive personal information by an employee or agent of the person for the purposes of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner. Business and Commerce Code 521.053(a)

  • 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

  • Misrepresentation has the meaning ascribed thereto in the Securities Act;

  • Fraud means any offence under laws creating offences in respect of fraudulent acts or at common law in respect of fraudulent acts in relation to the Contract or defrauding or attempting to defraud or conspiring to defraud the Crown.

  • Material Damage and “Materially damaged” means damage (w) resulting in the Property not complying with all legal requirements applicable to the Property, (x) reasonably exceeding $300,000 or (y) that entitles any tenant of the Property to terminate its Lease, or (z) which, in Buyer’s or Seller’s reasonable estimation, will take longer than 120 days to repair.

  • Breach of trust means a breach of any duty imposed on a trustee by this Act or by the terms of the trust;

  • Willful Misconduct means any act or failure to act with an intentional disregard of any provision of this Agreement, which a party knew or should have known if it was acting as a reasonable person, which would result in injury, damage to life, personal safety, real property, harmful consequences to the other party, but shall not include any error of judgment or mistake made in good faith.

  • 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;

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

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

  • Torture means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;

  • 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.

  • Willful means any act or omission by the Executive that was in good faith and with a reasonable belief that the action or omission was in the best interests of the Company or its affiliates. Any act or omission based upon authority given pursuant to a duly adopted Board resolution, or, upon the instructions of any senior officer of the Company, or based upon the advice of counsel for the Company will be conclusively presumed to be taken or omitted by the Executive in good faith and in the best interests of the Company and/or its affiliates.

  • Sexual misconduct means any verbal, nonverbal, written, or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialogue, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual, indecent, or erotic contact with a student.

  • Negligence means the failure to exercise "Reasonable Care".

  • Intentional Wrongdoing means an act or omission taken or omitted by a Party with knowledge or intent that injury or damage could reasonably be expected to result.