Performance Default. 30.1 Without prejudice to the Council's right to terminate this Supplier Agreement or any Agreement awarded under it in accordance with these terms and conditions and without prejudice to any other claim or remedy the Council may have against the Service Provider, the Council may in the event that the Service Provider in the reasonable opinion of the Council’s Authorised Officer: -
Performance Default. If the Corporation or any Sponsoring Company fails to comply in any material respect with any of the material terms, conditions and covenants of this Agreement (and such failure does not constitute a Payment Default under Section 11.01), the Corporation (in the case of a default by any Sponsoring Company) and any Sponsoring Company (in the case of a default by the Corporation) shall give the defaulting party written notice of the default (“Performance Default”). To the extent that a Performance Default is not cured within thirty (30) days after receipt of notice thereof (or within such longer period of time, not to exceed sixty (60) additional days, as necessary for the defaulting party with the exercise of reasonable diligence to cure such default), then the Corporation (in the case of a default by any Sponsoring Company) and any Sponsoring Company (in the case of a default by the Corporation) shall have all of the rights and remedies provided at law and in equity, other than termination of this Agreement or any release of the obligation of the Sponsoring Companies to make payments pursuant to this Agreement, which obligation shall remain absolute and unconditional.
Performance Default. Failure by any Party to perform any of its duties or obligations 14 under this Agreement when and as due (other than the failure to make any payment) 15 which is not cured within thirty (30) calendar days after receipt of written notice 16 thereof from Operator or any Party.
Performance Default. Failure by a Party to perform any of its duties or obligations under this Agreement (other than any failure for which a sole remedy is provided in this Agreement and any failure which is separately listed as a Default of Seller under this Section 12.1) that is not cured within thirty (30) days after receipt of notice thereof from the other Party; provided that if such failure cannot be cured within such thirty (30) day period despite reasonable commercial efforts and is not a failure to make a payment when due, and such Party expeditiously commences to cure such breach following its receipt of notice and continues to diligently proceed with such cure within such longer period of time, then such Party shall have up to sixty (60) additional days to cure.
Performance Default. 30.1 Without prejudice to a Customer's right to terminate and/or suspend any Services Agreement and/or, in the case of the Council, this Supplier Agreement in accordance with the terms and conditions of the relevant agreement and without prejudice to any other claim or remedy the Customer may have against the Service Provider, a Customer may in the event that the Service Provider in the reasonable opinion of the relevant Authorised Officer: -
Performance Default. Failure on the part of the Servicer or Seller duly to observe or perform in any material respect any of the other covenants or agreements, including the providing of accurate and timely reports as required in Article V hereof and elsewhere in this Agreement and the establishment of a Separate Account when required by the terms hereof, to be performed under this Agreement which failure continues unremedied for a period of 30 days after the date on which written notice of such failure requiring the same to be remedied, shall have been given to the Servicer by the Buyer.
Performance Default. If either party fails to comply with any of the terms, conditions and covenants of this Agreement (and such failure does not constitute a Payment Default by the Purchaser), the non-defaulting party shall give the defaulting party written notice of the default (a “Performance Default”). The defaulting party shall have a period of thirty (30) days after receipt of such notice to commence reasonable efforts to cure such Performance Default, and it shall have an additional thirty (30) days to cure such Performance Default. Thereafter, if such Performance Default is continuing, the non-defaulting party, subject to the provisions of Section 10.4.1, shall have all of the rights and remedies provided at law and in equity, other than termination of this Agreement.
Performance Default. Default by the Pledgor in the due observance or performance of any covenant or agreement contained herein or breach by the Pledgor of any representation or warranty herein contained; and
Performance Default. Failure by either Party to perform any of its material duties or obligations under this Agreement when and as due (other than the failure to make any payment) which is not cured within thirty (30) calendar days after receipt of written notice thereof from the other Party hereto, provided that if such failure cannot be cured within such thirty (30) day period, despite reasonable commercial efforts, such Party shall have up to ninety (90) calendar days to cure.
Performance Default. 30.1 Without prejudice to a Customer's right to terminate and/or suspend any Services Agreement and/or, in the case of the Council, this Supplier Agreement in accordance with the terms and conditions of the relevant agreement and without prejudice to any other claim or remedy the Customer may have against the Service Provider, a Customer may in the event that the Service Provider in the reasonable opinion of the relevant Authorised Officer: - a fails to provide the Services or any part of them; or b fails to provide the Services to a reasonable standard; or c is in material breach of any of the terms and conditions within this Supplier Agreement, issue the Service Provider with a written notice (a "Default Notice") detailing the default, the actions (if any) to be taken to rectify the default and the timeframe for doing so.
