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;
Substantial Breach means the following:
(i) where the Operator makes a general assignment for the benefit of its creditors or a proposal under applicable bankruptcy legislation, or if a bankruptcy petition is filed and presented against the Operator or a custodian or receiver/manager or any other office with similar powers is appointed in respect of the Operator or its respective properties, or any substantial portion thereof,
(ii) a breach of any confidentiality provision of this Agreement;
(iii) the Operator abandons the performance of all or any part of the Services;
(iv) the Operator takes an action or fails to take an action which results in substantial harm or disrepute to the status and reputation of AHS;
(v) a breach of this Agreement not remedied in accordance with Section 6.4;
(vi) a breach of any of the terms of Articles 2, 12, 14 or Sections 15.3, 15.4 or 15.5 of this Agreement;
(vii) a breach that, in the opinion of AHS, acting reasonably, could affect the health or safety of a Client; or
(viii) an otherwise incurable breach of this Agreement.
Substantial Breach means the following:
Examples of Substantial Breach in a sentence
In the event of a Substantial Breach, the Non-defaulting Party shall, without limiting any other rights it may have in law or equity, have the right to immediately terminate this Agreement without cost, penalty, or process of law upon written notice to the Defaulting Party.
Any use of incorrect fuel types is a Substantial Breach of this Agreement.
Where the Principal has committed a Substantial Breach, the Supplier may suspend the performance of its obligations under the Contract by giving written notice to this effect to the Principal.
If despite the Service Provider’s best efforts, none of the foregoing options are available, then AHS shall have the right to terminate this Agreement as if the Service Provider had committed a Substantial Breach.
Failure to remove the conditional or probationary status or to comply with the directive, requirement or limitation, as the case may be, constitutes a Substantial Breach of this Agreement.
More Definitions of Substantial Breach
Substantial Breach means any material breach by the Company of its obligations under this Agreement including without limitation: (i) the assignment of the Executive to a position or duties materially diminished from those normally assigned to a Senior Vice President and Chief Acquisitions Officer of a business enterprise comparable to the Company and AACC; (ii) a material reduction in the Executive’s then Regular Base Salary; or (iii) a change in location at which the Executive is required to perform her duties for the Company, AACC and its Subsidiaries which is outside a 50 mile radius of Detroit, Michigan, but only if such change occurs within one (1) year after a Change in Control; provided that the term “Substantial Breach” shall not include (x) an immaterial breach by the Company of any provisions of this Agreement or (y) a termination for Cause under Section 6(a). The Executive must notify the Company in writing of the Executive’s intention to invoke termination for “Substantial Breach” within ninety (90) days after the initial existence of such event and provide the Company with thirty (30) days for cure, or such event shall not constitute a “Substantial Breach” under this Agreement. Additionally, the Executive must terminate employment within one (1) year following the initial existence of one (1) or more of the events listed above for the termination to be considered a “Substantial Breach”. The date of resignation under this Section 6(d) shall be thirty-one (31) days after receipt by the Company of written notice of resignation; provided that the Substantial Breach specified in such notice shall not have been corrected by the Company during the preceding 30-day period. The effective date of termination of employment by the Company under this Section 6(d) and the effective date of resignation by the Executive under this Section 6(d) shall each be referred to as a “Section 6(d) Termination Date”.
Substantial Breach means the following:
(i) where the Operator makes a general assignment for the benefit of its creditors or a proposal under applicable bankruptcy legislation, or if a bankruptcy petition is filed and presented against the Operator or a custodian or receiver/manager or any other office with similar powers is appointed in respect of the Operator or its respective properties, or any substantial portion thereof,
(ii) a breach of any confidentiality provision of this Agreement;
(iii) the Operator abandons the performance of all or any part of the Services;
(iv) the Operator takes an action or fails to take an action which results in substantial harm or disrepute to the
(v) a breach of this Agreement not remedied in accordance with Section 6.4;
(vi) a breach of any of the terms of Articles 2, 12, 14 or Sections 15.3, 15.4 or 15.5 of this Agreement;
(vii) a breach that, in the opinion of AHS, acting reasonably, could affect the health or safety of a Client; or
(viii) an otherwise incurable breach of this Agreement.
Substantial Breach means either (i) the Employee's demotion, without his consent to a position or duties materially inconsistent with or inferior to those specified in Section 3; or (ii) the failure by the Company to provide compensation and other vested benefits to the Employee in accordance with Section 4, and the failure of the Company to correct such breach within thirty days after written notice from the Employee of its occurrence.
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)(x) (inclusive), 13.1, 26.2 or 26.7(c) of this Agreement;
Substantial Breach means the Company’s material breach of this Agreement, including but not limited to, without the Executive’s consent, the assignment to the Executive of positions or duties materially inconsistent with the provisions of this Agreement, a material diminution of the Executive’s position, authority, responsibilities or benefits to which he is then entitled hereunder, any reduction of the compensation provided for in Section 2.1 and 2.2 hereof, the relocation of corporate headquarters further than a fifty mile radius from the present headquarters, or the Company’s common stock no longer being publicly traded under The Nasdaq Stock Market or a national stock exchange. In the event that the Executive wishes to terminate the Employment Term due to a Substantial Breach by the Company, the Executive shall send a written notice to the Company notifying the Company of the breach within one hundred twenty (120) days of such breach. If such breach is not corrected within thirty (30) days after receipt of such notice, then the Executive may, in his sole discretion, elect to terminate the Employment Term by giving written notice of such election to the Company, and upon receipt by the Company of such an election, the Employment Term shall terminate. Upon such termination, the Executive shall have no further duties hereunder (except as set forth in Section 7 hereof) and the obligations, duties and liabilities of the Company to the Executive shall solely be as set forth in section 5.6.3 hereof.
Substantial Breach means any material breach by the Company of its obligations hereunder consisting of (i.) any material breach of the terms of Section 3 above; (ii) a material reduction in the Employee's title or responsibilities; or (iii) the failure of any successor to all or substantially all of the business and/or assets of the company to assume this Agreement; provided, however, that the term "Substantial Breach" shall not include a termination of the employee's employment pursuant to Section 6(a) or (b) above. The Employee's resignation without Good Reason shall not end the parties' respective continuing rights and responsibilities under this Agreement including but not limited to those enumerated in Sections 8, 9, 10, 12 and 15. Notwithstanding anything contained in this Agreement to the contrary, the terms and provisions of this Section 7 shall not apply to any shares of capital stock issued by the Company to the Employee in consideration for the Employee's sale to the Company of shares of capital stock of Digital Descriptor Systems, Inc.
Substantial Breach means any material breach by the Company of its obligations hereunder consisting of: (i) the failure of the Company to pay the Executive the Salary or Bonus, if any, in accordance with Section 3(a) and (b) hereof; (ii) the failure by the Company to substantially maintain and continue the Executive's participation in benefit plans as provided in Section 3(c) hereof; or (iii) any material diminishment in the duties or responsibilities of the Executive described in Section 1; provided, however, that the term "Substantial Breach" shall not include a termination of the Executive's employment hereunder pursuant to Section 6(b) or (c) hereof. The date of termination of the Executive's employment under this Section 6(d) shall be the effective date of any resignation specified in writing by the Executive, which shall not be less than sixty (60) days after receipt by the Company of written notice of such resignation, provided that any resignation by the Executive shall not be effective pursuant to this Section 6(d) if such Substantial Breach shall have been corrected by the Company during the thirty (30) day period following notice by the Executive of the existence thereof or if corrected thereafter prior to the date of resignation by the Executive.