Significant Breach means a successful unauthorized access, use, disclosure, modification, or destruction of Public Health Information, or interference with a Participant’s System, of which such Participant has knowledge or should have knowledge.
Significant Breach means (i) fraud, embezzlement or any other conduct by the Manager related to the Company or any of its Subsidiaries constituting a criminal or other material violation of Applicable Law; (ii) gross negligence, any knowingly dishonest act, or knowing bad faith or willful misconduct (in each case, which has a material negative impact on the Company and its Subsidiaries taken together as a whole), (A) by the Manager in the performance of its obligations under this Agreement, or (B) by the Company or any of its Subsidiaries in the performance of their respective obligations under any material agreement to which the Company or any such Subsidiary is a party or by which it is bound; (iii) voluntary or involuntary insolvency or Bankruptcy of the Manager; (iv) any action or omission by the Manager or the Company or any of its Subsidiaries (including any violation of or failure to comply with FCC Rules) that is reasonably likely to materially impair the ability of the License Company or any of its Subsidiaries to realize the Auction Benefits or result in the revocation or non-renewal of any FCC license; or (v) any material breach by the Manager of its obligations under this Agreement, unless such breach is cured within thirty (30) days following notice thereof by American III or other Members holding at least fifteen percent (15%) of the Class B Percentages, which notice shall specify in reasonable detail such alleged breach; provided that if such breach cannot be cured within thirty (30) days, then ninety (90) days as long as the Manager is diligently acting in good faith to cure such deviation or failure as soon as reasonably practicable; provided, further, that in the case of (ii)(B), (iv) and (v), such (x) gross negligence, knowingly dishonest act, or knowing bad faith or willful misconduct, (y) action or omission or (z) material breach was not caused (directly or indirectly, and whether as the lender under the Senior Credit Facility or otherwise) or expressly approved or authorized in writing by American III.
Significant Breach means any Licensee breach of this Agreement that has an adverse effect causing or, if continued, likely to cause significant harm to Licensor’s ownership of the Licensed Trademarks, the goodwill associated therewith or Licensor’s ability to enforce any of its rights therein. A Significant Breach may or may not be a Material Breach.
Examples of Significant Breach in a sentence
Any breach of this provision shall be deemed a Significant Breach by Licensee.
In the event any "Significant Breach by Licensee" occurs, Licensor may give notice of termination in writing to Licensee, whereupon this Agreement shall immediately terminate.
Licensor may terminate this Agreement at any time in the event of a Significant Breach by Licensee.
Licensee covenants and agrees that it will not use any of the Licensed Marks in connection with any products or services or in any territory that are not expressly licensed pursuant to the provisions of this Article 2 and any such unlicensed use by Licensee of the Licensed Marks shall be deemed a "Significant Breach by Licensee" under Section 4.2 of this Agreement unless cured pursuant to Section 4.2(a) of this Agreement.
In the event that a Participant has reasonable suspicion of a Significant Breach by another Participant or one or more of its Authorized Users, following reasonable request, the Participant suspecting such Significant Breach shall receive from the other Participant the names of those Authorized Users who have accessed the System of the Participant suspecting the Significant Breach during the relevant period.
More Definitions of Significant Breach
Significant Breach means a pattern of activity or practice that constitutes a material breach or violation of this Agreement in the written opinion of legal counsel for the Plan. For purposes hereof, a “pattern of activity or practice” shall consist of at least three (3) discrete acts and/or omissions within a period of not more than 180 consecutive days. 2. Obligations of GRS GRS agrees to: (a) not use or disclose Protected Health Information other than as permitted or required by this Agreement or as Required By Law; (b) use appropriate safeguards and comply, where applicable, with the Security Standards for the Protection of Electronic Protected Health Information set forth in 45 CFR Part 164, Subpart C with respect to electronic protected health information, to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement; (c) report to the Plan Administrator any use or disclosure of Protected Health Information not provided for by this Agreement of which it becomes aware, including breaches of unsecured Protected Health Information as required by 45 CFR 164.410;
Significant Breach means (1) fraud, embezzlement or any other conduct by the Manager constituting a criminal or other material violation of law, (2) negligence (which has a material negative impact on the Company), or any knowingly dishonest act, or knowing bad faith or willful misconduct, by the Manager in the performance of its obligations under this Agreement, or of the Company's obligations under any Related Agreement or any other material agreement to which the Company is a party, (3) voluntary or involuntary insolvency or Bankruptcy of the Manager, or (4) any action or omission by the Company (including any violation of or failure to comply with FCC Rules) not caused by AWS or AWS Sub that is reasonably likely to materially impair the ability of the Company to realize the Auction Benefits or result in the revocation or non-renewal of any license.
Significant Breach has the meaning set forth in Section 9.02. “SIP” means LifeLabs Sales Incentives Plan. “Software” means all computer software programs, together with any error corrections, updates, modifications, or enhancements thereto, in both machine-readable form and human readable form, including all firmware and all comments and any procedural code. “Statutory Plan” means each statutory benefit plan that is administered by a Governmental Entity to which any of the Acquired Entities is required to contribute pursuant to applicable laws, including the Canada Pension Plan, Quebec Pension Plan (if applicable) and any other plans administered pursuant to applicable Tax, workplace safety and insurance and employment insurance Laws. “STIP” means the LifeLabs Short Term Incentive Plan. “Straddle Period” means any taxable period that includes (but does not end on) the Closing Date. “Subsidiary” means, with respect to any Person, any corporation, partnership, association, or other business entity of which (i) if a corporation, a majority of the total voting power of securities entitled (without regard to the occurrence of any contingency) to vote in the election of directors, managers, or trustees thereof is at the time owned or controlled, directly or indirectly, by that Person or one or more of the other Subsidiaries of that Person or a combination thereof, or (ii) if a partnership, association, or other business entity, a majority of the partnership or other similar ownership interests thereof is at the time owned or controlled, directly or indirectly, by any Person or one or more Subsidiaries of that Person or a combination thereof. For purposes hereof, a Person or Persons will be deemed to have a majority ownership interest in a partnership, association, or other business entity if such Person or Persons is allocated a majority of partnership, association, or other business entity gains or losses or otherwise control the managing director, managing member, general partner, or other managing Person of such partnership, association, or other business entity. Unless the context requires otherwise, each reference to a Subsidiary will be deemed to be a reference to a Subsidiary of either of the Target Entities, as applicable, but will be deemed to exclude any Non-Controlled Entity. “Target Entities” has the meaning set forth in the preamble to this Agreement. “Target Transaction Expenses” means the aggregate fees and expenses of the Acquired Entities owing to third parties in...
Significant Breach means a successful unauthorized access, use, disclosure, modification, or destruction of Protected Information or interference with a Participant’s System, of which such Participant has knowledge or should have knowledge. “Significant Breach” shall mean a successful unauthorized access, use, disclosure, modification, or destruction of Public Health Information or interference with a Participant’s System, of which such Participant has knowledge or should have knowledge.
Significant Breach means an uncured breach (pursuant to the cure provisions of Section 6.2(i)) by HSWI of one or more of the following:
Significant Breach means a material adverse effect on the operations, results of operations, financial condition or assets of the Company or any other Group Company; provided, that for purposes of the representations provided in Section 3, any such material adverse effect resulting in any loss, directly or indirectly, of (a) at least US$100,000, or its equivalent in other currencies, to any Group Company other than the Company or a WFOE, shall constitute a Significant Breach with respect to such Group Company, (b) at least US$150,000, or its equivalent in other currencies, to any WFOE, shall constitute a Significant Breach with respect to such WFOE, and (c) at least US$250,000, or its equivalent in other currencies, to the Company and all Group Companies taken as a whole, shall constitute a Significant Breach with respect to the Company.
Significant Breach means any breach by the Operator, which breach has, or is reasonably likely to have, a discernible adverse effect on AT or its business, but does not include breaches that are trivial in nature unless the cumulative effect of such trivial breaches has, or is reasonably likely to have, a discernible adverse effect on AT or its business.