NONBREACHING PARTY definition

NONBREACHING PARTY means the PARTY not in BREACH, as used in Section 18.2.
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NONBREACHING PARTY means the PARTY not in BREACH, as used in ARTICLE XIX.
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NONBREACHING PARTY means the PARTY not in BREACH, as used in ARTICLE XIX. “PARTY” shall mean a party to this Agreement.
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Examples of NONBREACHING PARTY in a sentence

  • EACH OF THE PARTIES HERETO ACKNOWLEDGES AND AGREES THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT, THE NON-BREACHING PARTY WOULD BE IRREPARABLY HARMED AND COULD NOT BE MADE WHOLE BY MONETARY DAMAGES, AND THAT, IN ADDITION TO ANY OTHER REMEDY TO WHICH THEY MAY BE ENTITLED AT LAW OR IN EQUITY, THE PARTIES SHALL BE ENTITLED TO SUCH EQUITABLE OR INJUNCTIVE RELIEF AS MAY BE APPROPRIATE.

  • IF A COURT FINDS THAT EITHER PARTY BREACHED THIS CONTRACT AND LOSSES WERE SUFFERED AS A RESULT OF THAT BREACH, THE BREACHING PARTY WILL COMPENSATE THE NON-BREACHING PARTY FOR SUCH LOSSES TO THE EXTENT ALLOWED BY THIS AGREEMENT.

  • Up to 3.5% non-meat binders and extenders (such as nonfat dry milk, cereal, or driedwhole milk) or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product’s label by its common name.

  • THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION (COLLECTIVELY, THE “EXCLUSIONS”) APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE NON-BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

  • EACH OF THE PARTIES HERETO ACKNOWLEDGES AND AGREES THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT, THE NON-BREACHING PARTY WOULD BE IRREPARABLY HARMED AND COULD NOT BE MADE WHOLE BY MONETARY DAMAGES, AND THAT, IN ADDITION TO ANY OTHER REMEDY TO WHICH THE NON-BREACHING PARTY MAY BE ENTITLED AT LAW OR IN EQUITY, THE NON BREACHING PARTY SHALL BE ENTITLED TO SUCH EQUITABLE OR INJUNCTIVE RELIEF AS MAY BE APPROPRIATE.

  • FURTHERMORE, THE COMPANY AND EACH L&B PARTY AGREES (1) THE NON-BREACHING PARTY WILL BE ENTITLED TO SEEK INJUNCTIVE AND OTHER EQUITABLE RELIEF, WITHOUT PROOF OF ACTUAL DAMAGES; (2) THE BREACHING PARTY WILL NOT PLEAD IN DEFENSE THERETO THAT THERE WOULD BE AN ADEQUATE REMEDY AT LAW; AND (3) THE BREACHING PARTY AGREES TO WAIVE ANY BONDING REQUIREMENT UNDER ANY APPLICABLE LAW, IN THE CASE ANY OTHER PARTY SEEKS TO ENFORCE THE TERMS BY WAY OF EQUITABLE RELIEF.

  • FURTHERMORE, THE PARTIES AGREE (1) ANY NON-BREACHING PARTY WILL BE ENTITLED TO SEEK INJUNCTIVE AND OTHER EQUITABLE RELIEF, WITHOUT PROOF OF ACTUAL DAMAGES; AND (2) THE BREACHING PARTY AGREES TO WAIVE ANY BONDING REQUIREMENT UNDER ANY APPLICABLE LAW, IN THE CASE ANY OTHER PARTY SEEKS TO ENFORCE THE TERMS BY WAY OF EQUITABLE RELIEF.

  • FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE NON-BREACHING PARTY.

  • The leader of the Democratic People’s Republic of Korea, Kim Il-Sung, desired, above all else, the unification of Korea in 1949-50.

  • EACH PARTY COVENANTS NOT TO XXX ON CLAIMS RELEASED OR WAIVED BY THIS AGREEMENT, AND AGREES THAT ANY SUCH SUIT SHALL BE A BREACH OF THIS AGREEMENT FOR WHICH THE NON-BREACHING PARTY MAY SEEK ACTUAL DAMAGES, WHICH SHALL INCLUDE ATTORNEYS’ FEES AND COSTS.


More Definitions of NONBREACHING PARTY

NONBREACHING PARTY is defined in Section 9.2.2.
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NONBREACHING PARTY has the meaning given to it in Section 6.9.
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NONBREACHING PARTY has the meaning set forth in Section 7.0 (Renewal and Termination) of this Agreement.
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NONBREACHING PARTY has the meaning set forth in Section 7.0 (Termination) of this Agreement.
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NONBREACHING PARTY means the PARTY not in BREACH, as used in Section 17.2. “PARTY” shall mean a party to this AGREEMENT.
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Related to NONBREACHING PARTY

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

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

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

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

  • Aggrieved is the person (or persons) who has the grievance and is presenting the complaint.

  • 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;

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

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

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

  • complaining Party means any Party that requests the establishment of an arbitration panel under Article 3.5 (Initiation of the Arbitration Procedure);

  • Non-Defaulting Party has the meaning specified in Section 6(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

  • Party or “Parties” has the meaning set forth in the Preamble.

  • Cure Period means the period specified in this Agreement for curing any breach or default of any provision of this Agreement by the Party responsible for such breach or default and shall:

  • Party or Parties means CenturyLink, as described in the first paragraph of this Agreement, or CLEC depending on the context and no other entity, Affiliate, Subsidiary or assign. Parties refers collectively to both CenturyLink and CLEC and no other entities, Affiliates, Subsidiaries or assigns.

  • Performing Party As defined in Section 11.12.

  • Terminating Acquiror Breach has the meaning specified in Section 10.01(c).

  • Third Party Claim Notice shall have the meaning set forth in Section 6.5(a).

  • Aggrieved Employee means a person employed by Defendant in California and classified as a nonexempt employee who worked for Defendant during the PAGA Period.

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

  • 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.

  • Attaching Party means any Party wishing to make a physical Facility Attachment on or in any AT&T structure.

  • Major Breach means a breach of:

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

  • Disputing Party has the meaning specified in Paragraph 5.

  • Notifying Party As defined in Section 3.01(i).