Significant Breach by Licensee definition

Significant Breach by Licensee means, after exhaustion of any applicable cure periods set forth in this Agreement, any of the following:
Significant Breach by Licensee. As defined in Section 4.2 of this Agreement.
Significant Breach by Licensee means any event expressly specified in this License Agreement to be a "Significant Breach," and any of the following (after exhaustion of any cure periods set forth in Article VII hereof to the extent such cure periods are applicable):

Examples of Significant Breach by Licensee 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.

  • Any breach of this provision reasonably determined to have a material adverse effect on Licensor or the Licensed Marks shall be deemed a Significant Breach by Licensee (in no event less than ten business days after receipt of the notice).

  • Any breach of this provision reasonably determined to have a material adverse effect on Licensor or the Licensed Marks shall be deemed a Significant Breach by Licensee.

  • Notwithstanding the foregoing, Licensor shall have the right, subject to Section 4.3 below, to terminate this Agreement without prejudice to any rights which it may have, whether pursuant to this Agreement, or in law or equity or otherwise, upon the occurrence of a Significant Breach by Licensee.

  • Notices under this Agreement shall be sufficient only if personally delivered, delivered by a major commercial overnight courier service or mailed by certified or registered mail, return receipt requested to a Party at the addresses set forth above or as amended by notice pursuant to this subsection, to the attention of the President, CAPD and President, Pharmaceutical Products Division in the case of Abbott and to the attention of the Chief Executive Officer and General Counsel in the case of SangStat.

  • Any breach of this provision reasonably determined to have a material adverse effect on Licensor, the Licensed Marks or the Licensed Copyright shall be deemed a Significant Breach by Licensee.

  • Licensee covenants and agrees that it will not use any of the Licensed Marks or the Licensed Copyright 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 or the Licensed Copyright 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.


More Definitions of Significant Breach by Licensee

Significant Breach by Licensee. As defined in Section 11.2.
Significant Breach by Licensee. As defined in Section 12 hereof.
Significant Breach by Licensee means, after exhaustion of any applicable cure provisions set forth in Sections 9 or 5 hereof, any of the following:
Significant Breach by Licensee. As defined in Section 4.2 of this Agreement. "STYLE GUIDELINES": The guidelines controlling certain aspects of the Licensed Marks including, but not limited to, the size, color and appearance of the Licensed Marks as set forth in the official Style Guide to be provided to Licensee on the Closing and periodically thereafter. "SUBLICENSEE": As defined in Section 3.7 of this Agreement. "SUBMITTED MATERIALS": As defined in Section 5.2 of this Agreement. "SUBSIDIARY": With respect to any Person, any entity of which securities or other ownership interests having ordinary voting power to elect a majority of the board of directors or other body performing similar functions are at any time directly or indirectly owned by such Person or, in the case of a Cable System, the right to direct the management or operation of such Cable System pursuant to a management agreement with a term of at least three years, for so long as such management agreement remains in effect; provided that, Licensee shall notify Licensor in writing immediately when it ceases management of any such Cable System. "SUCCESSOR": With respect to any party, any successor, transferee or assignee, including without limitation, any receiver, debtor in possession, trustee, conservator or similar Person with respect to such party or such party's assets. "TELEPHONE SERVICES": The provision to end users of Telephone Exchange Service, as that term is defined in the Telecommunications Act of 1934, as amended. Telephone Services shall include the ability to terminate a telephone call. "TRADE DRESS": The general image or appearance of the Licensed Marks and of the Licensed Services and Marketing Materials or Promotional Products and any packaging and labeling therefor, including without limitation, the combination of colors, designs, sizing configurations, publication formats and the like as set forth in the Style Guidelines and as such trade dress may be modified or replaced pursuant to Section 8.2 of this Agreement, and such other trade dress as may be added thereto or substituted therefor in accordance with Section 8.2. "TW LICENSEES": Those Persons and business units that are part of Licensor as of the Closing and any other Persons who are licensed under, or otherwise permitted to use, the Licensed Marks by Licensor. "TWE": As defined in the Preamble. 9 <PAGE> "TWE BROADBAND BUSINESS" has the meaning assigned to it in the TWE Distribution Agreement. "TWE DISTRIBUTION AGREEMENT": The Distribution Agreement, ...

Related to Significant Breach by Licensee

  • 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;

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

  • 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

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

  • 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.

  • 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;

  • Major Breach means a breach of:

  • 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.

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

  • 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.

  • Privacy Breach means a common law breach of confidence, infringement, or violation of any rights to privacy, including but not limited to breach of “Your” privacy statement, breach of a person’s right of publicity, wrongful collection, false light, intrusion upon a person’s seclusion, public disclosure of “Private Information”, or misappropriation of a person’s picture or name for commercial gain.

  • 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 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.

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

  • Confidential Information Breach This shall mean, generally, an instance where an unauthorized person or entity accesses Confidential Information in any manner, including but not limited to the following occurrences: (1) any Confidential Information that is not encrypted or protected is misplaced, lost, stolen or in any way compromised; (2)one or more third parties have had access to or taken control or possession of any Confidential Information that is not encrypted or protected without prior written authorization from the State; (3) the unauthorized acquisition of encrypted or protected Confidential Information together with the confidential process or key that is capable of compromising the integrity of the Confidential Information; or (4) if there is a substantial risk of identity theft or fraud to the Client Agency, the Contractor, DAS or State.

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

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

  • 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)

  • 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

  • Customer Default has the meaning set out in clause 8.3.

  • 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.

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

  • 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.

  • 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.

  • Credit Breach means the status of a Participant that does not currently meet the requirements of Tariff, Attachment Q or other provisions of the Agreements.