Contract Breach. Without limiting the rights of the parties pursuant to this Agreement, if Contractor breaches its obligations under this Section, the Exchange may, at its option: (a) exercise any of its rights of access and inspection under this Agreement; (b) require Contractor to submit to a plan of monitoring and reporting, as the Exchange may determine necessary to maintain compliance with this Agreement and such plan shall be made part of this Agreement; or (c) notwithstanding any other provisions of this Agreement, after giving Contractor opportunity to cure the breach, terminate this Agreement. If Contractor materially breaches its obligations under this Section, the Exchange may terminate this Agreement, with or without opportunity to cure the breach. The Exchange’s remedies under this Section and any other part of this Agreement or provision of law shall be cumulative, and the exercise of any remedy shall not preclude the exercise of any other.
Contract Breach. Without limiting the rights of the parties pursuant to this Agreement, if Contractor breaches its obligations under this section, Covered California may, at its option: (a) exercise any of its rights of access and inspection under this Agreement; (b) require Contractor to submit to a plan of monitoring and reporting, as Covered California may determine necessary to maintain compliance with this Agreement and such plan shall be made part of this Agreement; or (c) notwithstanding any other provisions of this Agreement, after giving Contractor opportunity to cure the breach, terminate this Agreement. If Contractor materially breaches its obligations under this section, Covered California may terminate this Agreement, with or without opportunity to cure the breach. Covered California’s remedies under this section and any other part of this Agreement or provision of law shall be cumulative, and the exercise of any remedy shall not preclude the exercise of any other.
Contract Breach. Without limiting the rights of the parties pursuant to this Agreement, if Contractor breaches its obligations under this Section, Covered California may, at its option:
Contract Breach. Without limiting the rights of the parties pursuant to this Agreement, if Contractor breaches its obligations under this Section, the Exchange may, at its option:
Contract Breach. Before a party can be found in breach of this Contract, the other party shall first deliver a notice of default to the other party. The notice must describe the specific nature of the default, cite the specific provisions of this Contract that have been defaulted, indicate whether the default can be cured, and specify the time period in which the default must be cured, if cure is permitted.
Contract Breach. Any breach of contract. This exclusion does not apply to the breach of an implied contract to use another’s advertising idea in an “advertisement”.
Contract Breach. If Seller fails to perform or breaches any provision of this Order, PCAT will terminate all if not part of the Order, unless Seller cures the breach within two (2) weeks after receipt of PCAT notice. The “breach” shall include but not limit to a) Seller becomes insolvent, thus subject to involuntary bankruptcy, has its assets assigned; b) appointment of an assignee for the benefits of creditors; c) failure to provide performance assurance to PCAT; or d) failure to comply this Order. Seller shall reimburse PCAT fully on any demand claim arising from the above in the event if an Order is terminated.
Contract Breach. Without limiting the rights of the parties pursuant to this Agreement, if Contractor materially breaches its obligations under this Section, the Exchange may, at its option: (a) exercise any of its rights of access and inspection under this Agreement; (b) require Contractor to submit to a plan of monitoring and reporting, as the Exchange may determine necessary to maintain compliance with this Agreement and such plan shall be made part of this Agreement; or (c) notwithstanding any other provisions of this Agreement, after giving Contractor opportunity to cure the breach, terminate this Agreement. If Contractor materially breaches its obligations under this Section, the Exchange may terminate this Agreement, with or without opportunity to cure the breach. The Exchange’s remedies Covered California – Draft Health Plan Contract -- April 22, 2013April 298, 2013 under this Section and any other part of this Agreement or provision of law shall be cumulative, and the exercise of any remedy shall not preclude the exercise of any other.
Contract Breach. Any claims for breach of this agreement or breach of any express or implied warranties of fitness or merchantability must be communicated IN WRITING, SENT BY CERTIFIED LETTER, RETURN RECEIPT, TO CONTRACTOR WITHIN FIVE (5) DAYS OF THE ALLEGED BREACH. FAILURE TO DO SO WILL RESULT IN SUBSCRIBERS FULL AND COMPLETE WAIVER OF ANY DEFENSES IT MAY HAVE AS A RESULT OF THE ALLEGED BREACH.
Contract Breach. Cure. Should either Party breach or be alleged to have breached this Agreement, the other party may serve notice of such breach, or alleged breach, in writing upon the breaching party. The Party receiving such notice shall have ninety (90) days after receipt of the notice to cure such breach or to demonstrate that no such breach or alleged breach exists. In the event that any such breach or alleged breach remains unresolved after such 90-day period, then the matter shall forthwith be referred to alternative dispute resolution to be conducted in accordance with Exhibit G of the Development Agreement. (b)
