Fundamental Breach definition

Fundamental Breach means any material breach of this Agreement and includes:

Fundamental Breach means a Default which is of a nature and effect which (either on its own or in conjunction with other Defaults then subsisting) is to be regarded as a substantial breach of that Party's obligations under this Contract and which is calculated to deprive or has the effect of depriving the other Party of material benefits expected from the performance of this Contract.

Fundamental Breach has the meaning defined in Section 11.3(e), below.

Examples of Fundamental Breach in a sentence

• Termination upon failure to cure or correct Where the Breaching Party has committed a breach of this Agreement that is not a Fundamental Breach, and an attempt to cure by the Breaching Party, or corrective action by the Aggrieved Party, has failed to cure, prevent, or correct the breach, the Aggrieved Party may, with 14 days notice in writing to the Breaching Party, terminate this Agreement.

• Where the Breaching Party commits a Fundamental Breach of this Agreement, the Aggrieved Party may terminate the Agreement with 14 days notice in writing to the Breaching Party.

• Such Repurchase Notice must be provided no later than thirty (30) days following the occurrence of the Fundamental Breach.

• Employees who have expressed their desire in writing to receive additional training, will have such requests considered in good faith by the Employer, which (subject to operational requirements) shall make reasonable efforts to accommodate such requests.

• No later than thirty (30) days following the occurrence of the Fundamental Breach, Seller must deposit with the Title Company an xxxxxxx money deposit of Fifty Five Thousand Dollars (55,000.00) (“Repurchase Xxxxxxx Money Deposit”) which shall be applicable to the Repurchase Price (as defined below) but non-refundable except as set forth in Section 38(c).

More Definitions of Fundamental Breach

Fundamental Breach means a material breach by BioMedica of any material obligation contained in clauses [***];

Fundamental Breach means where:

Fundamental Breach means a material breach of this Agreement of a such magnitude that it compromises the Alliance.

Fundamental Breach means (a) a breach by Company of its obligations in Articles 4, 5 or 7 or (b) a breach of, or inaccuracy in, the representations and warranties set forth in Sections 13.1, 13.2(a), 13.2(g), 13.2(h), 13.2(l), 13.2(m), that, in each case, materially and adversely affects Licensee or its ability to Develop, Manufacture or Commercialize the Licensed Product in accordance with the plans and timelines contemplated by this Agreement.

Fundamental Breach means the Breaching Party’s (i) gross negligence with respect to any of its material obligations under this Agreement, (ii) intentional or willful misconduct, fraudulent act or omission with respect to any of its obligations under this Agreement or (iii) any material breach of any of the following provisions: *****.

Fundamental Breach means a breach, which inflicts such damage to the other Party that the latter loses a material portion of what it expected to gain when executing the Contract.

Fundamental Breach in this Agreement shall mean – a breach in respect of which it is stated explicitly in the Agreement that it is a fundamental breach. This condition is a fundamental condition in this Agreement.