Materially Breached definition

Materially Breached means a material breach by the applicable Party of its material obligations under this Agreement which is not cured within fifteen (15) days after receipt by the applicable Party of written notice from the other Party specifying the material breach and reasonably required cure thereof.
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Materially Breached means a material breach by the applicable party of its material obligations under this Agreement which is not cured within fifteen (15) days after receipt by the applicable party of written notice from the other party specifying the material breach and reasonably required cure thereof.
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Materially Breached shall have a correlative meaning.
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Examples of Materially Breached in a sentence

  • None of Armstrong’s or Williams’ Other Actions Materially Breached the Agreement ETE also claims that several other of Armstrong’s and Williams’ actions constituted material breaches of the Agreement.

  • The Bankruptcy Law Definition of Executory Contract Cannot Be that All Materially Breached Contracts Are Not Executory 1.

  • Forecast to Complete” + “Actual Project to Date” = “Current Cost Estimate”allows the project to use the land purchased in December as laydown area and relocates the retention pond from the existing plant’s coal yard to the project site.Installation of new wells (which draw on the same water resource) are the best solution for long-term operation of the project.

  • Lumpkin, The Standard of Proof Necessary to Establish that a Defendant has Materially Breached a Plea Agreement, 55 Fordham L.

  • The Superior Court Did Not Err By Determining Pederson Had Materially Breached A Valid, Enforceable Contract.1. Pederson received valuable consideration.After trial the superior court ruled that the confidentiality agreement was “a valid, enforceable contract.” Pederson argues on appeal that “ASRC gave nothing, in return for Pederson’s signature, that he was not already entitled to receive, pursuant to [AS 10.06.430], and that ASRC was [not] already required to provide.

  • This Agreement is effective as of the date hereof and shall remain in full force and effect until the date that is earliest of (i) the end of the Standstill Period, and (ii) five days after a Party that has Materially Breached this Agreement receives notice from the non-breaching Party providing notice of termination of this Agreement.

  • Belcher Materially Breached, And Was Induced To Breach, The Supply Agreement.

  • Defendants reserve the right to supplement or amend this Answer, if necessary, after further investigation and as more information becomes known regarding Trump LLC’s claims.First Affirmative Defense(Plaintiff Materially Breached the Agreement) 1.

  • Some of the grant holders have had to change their local partners half-way through project implementation, causing challenges in terms of continuity and some delays in the implementation of activities.

  • The Standard of Proof Necessary to Establish that a Defendant has Materially Breached a Plea Agreement Julie A.


More Definitions of Materially Breached

Materially Breached means a material breach by the applicable party of its material obligations under this Agreement which is not cured within fifteen (15) days after receipt b
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Materially Breached means a material breach by the applicable party of its material obligations under this Agreement which is not cured within fifteen
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Related to Materially Breached

  • 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.

  • 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;

  • Materially Impair means any amendment to the terms of the Award that materially adversely affects the Participant’s rights under the Award. A Participant’s rights under an Award will not be deemed to have been Materially Impaired by any such amendment if the Board, in its sole discretion, determines that the amendment, taken as a whole, does not materially impair the Participant’s rights. For example, the following types of amendments to the terms of an Award do not Materially Impair the Participant’s rights under the Award: (i) imposition of reasonable restrictions on the minimum number of shares subject to an Option that may be exercised, (ii) to maintain the qualified status of the Award as an Incentive Stock Option under Section 422 of the Code; (iii) to change the terms of an Incentive Stock Option in a manner that disqualifies, impairs or otherwise affects the qualified status of the Award as an Incentive Stock Option under Section 422 of the Code; (iv) to clarify the manner of exemption from, or to bring the Award into compliance with or qualify it for an exemption from, Section 409A; or (v) to comply with other Applicable Laws.

  • Materially Damaged means damage which, in Seller's reasonable estimation, exceeds $500,000.00 to repair or which, in Seller's reasonable estimation, will take longer than ninety (90) days to repair.

  • 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.

  • 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.

  • Serious violation means OCC has made a valid finding when assessing a serious complaint that alleges:

  • 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.

  • 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.

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

  • Materially Adverse Effect means (a) any material adverse effect upon the business, assets, liabilities, financial condition or results of operations of the Borrower and its Subsidiaries, taken as a whole, or (b) a material adverse effect upon any material rights or benefits of the Lenders or the Administrative Agent under the Loan Documents.

  • 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.

  • Substantial Breach means the following:

  • Repeat violation means a violation of the same regulation in any location by the same person for which voluntary compliance previously has been sought within two years or a notice of civil violation has been issued

  • Major Breach means a breach of:

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

  • 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;

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

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

  • 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.

  • Violations shall have the meaning assigned to such term in Section 6(a).

  • Restrictive Covenant Violation means the Participant’s breach of the Restrictive Covenants listed on Appendix A or any covenant regarding confidentiality, competitive activity, solicitation of the Company’s vendors, suppliers, customers, or employees, or any similar provision applicable to or agreed to by the Participant.

  • materially shall, when used in this Agreement, be construed, measured or assessed on the basis of whether the matter would materially affect a party and its subsidiaries, taken as a whole; and

  • 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.

  • Harm means ill-treatment or the impairment of health or development, including for example, impairment suffered from seeing or hearing the ill-treatment of another;

  • Serious traffic violation means a conviction when operating a commercial motor vehicle of: