Agreement Breach Sample Clauses

Agreement Breach. Loss of service due to suspensions arising from non–payment of invoice is excluded from the definition of Service unavailability and time to repair for the purpose of this SLA.
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Agreement Breach. ‌ If either party suspects a breach within the lifespan of the data sharing agreement, they can call the data sharing contract and spawn a voting contract to investigate the breach. The breach can occur due to a multiple of reasons. Some of the reasons include not receiving payment, receiving incomplete data, receiving tampered data, data coming from an invalid source, invalid keys, misuse of data, etc. When submitting a voting request, the breach victim writes a description of what they suspect the breach to be, and the compensation that they are seeking for this breach. This payment amount can be specified either when the breach contract is being created, or default to the agreed upon breach penalty in the initial legal agreement. We leave this parameter variable to account for the different severity of possible breaches. The CongressFactory smart contract provides all necessary functions for the individual data sharing contracts to call to spawn voting contracts, should a breach ever occur. The CongressFactory takes in as parameters a list of arbiter account addresses, the time voting should be open for, the monetary compensation to be paid to the victim should a breach have indeed occurred, and a description provided by the victim on why they suspect a breach. The CongressFactory will be called by the data sharing contract to spawn a Vote Contract, as shown in Figure 4. After a vote contract is generated and automatically de- ployed to the blockchain, a request to vote is sent out to all arbiters listed in the vote contract. The arbiters then have until the voting deadline to vote on whether or not a breach has occurred by the checking the blockchain log based on the description of the breach provided by the breach victim. Once the voting deadline has closed, the votes are tallied. Depending on the decision of the breach, a penalty will then be charged to the violator and the violators deposit will be transferred to the victims account. The victim will also receive the deposit put into smart contract by itself prior to participating in the smart contract. This completes the Breach Contract/Vote Contract. Once the Breach Contract reveals its decision, it will destroy itself since its purpose is fulfilled and its existence would only be using address space. If another breach is detected within the time period defined by the contract, then another breach contract can be spawned, voting can be redone and the decision can be dispatched again. The voters are...
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Agreement Breach. If you fail to fulfill any of your material obligations under this Agreement, Actify and/or its licensors may pursue all available legal remedies to enforce this Agreement, and Actify may, at any time after your default of this Agreement, terminate this Agreement and all licenses and rights granted to you under this Agreement. You agree that Actify's licensors referenced in the Software are third-party beneficiaries of this Agreement, and may enforce this Agreement as it relates to their intellectual property. You further agree that, if Actify terminates this Agreement for your default, you will, within thirty (30) days after any such termination, deliver to Actify or render unusable all Software originally provided to you hereunder and any copies thereof embodied in any medium.
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Agreement Breach. Neither Party will be deemed to be in breach of this Agreement, nor will be liable to the other, for delays or failure to perform any of its non-monetary obligations under this Agreement to the extent that such failure results from a Force Majeure Event.
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Agreement Breach. In the event Talent claims Manager has committed a breach of this Agreement, Talent shall specify to Manager, in writing, the facts constituting such breach. Such specification shall be given to Manager within 10 calendar days of the date Talent learns of the purported breach. Manager shall have a period of 30 days following receipt of such written specification to cure any alleged breach. Talent’s sole remedy against Manager for loss or damage arising out of the performance or non-performance under this Agreement is proven direct, actual damages. Manager is not liable for any indirect, incidental, reliance, special, punitive or consequential damages arising out of its performance or non-performance under this Agreement, whether or not either party has been advised of the possibility of such damages.
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Agreement Breach. We reasonably believe the transaction would be in breach of this Agreement, the fees & Limits page of the hi App, or
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Related to Agreement Breach

  • Seller’s Breach Upon discovery by a Responsible Officer of the Master Servicer, the Securities Administrator or the Trustee or notice to the Master Servicer, the Securities Administrator or the Trustee of any defective or missing document (as described in the related Sale Agreement) in a Trustee Mortgage Loan File, or of any breach by any Seller of any representation, warranty or covenant under the related Sale Agreement, which defect or breach materially and adversely affects the value of any Mortgage Loan or the interest of the Trust therein (it being understood that any such defect or breach shall be deemed to have materially and adversely affected the value of the related Mortgage Loan or the interest of the Trust therein if the Trust incurs a loss as a result of such defect or breach),the parties discovering or receiving notice of such defect or breach shall notify the Securities Administrator. Upon discovering or receipt of notice of such breach, the Securities Administrator shall promptly request that such Seller cure such breach and, if such Seller does not cure such defect or breach in all material respects by the end of the cure period specified in such Sale Agreement and any extension of the cure period granted as permitted by such Sale Agreement, shall enforce such Seller’s obligation under such Sale Agreement to purchase such Mortgage Loan from the Trustee. In the event any Servicer has breached a representation or warranty under the related Servicing Agreement that is substantially identical to a representation or warranty breached by a Seller, the Securities Administrator shall first proceed against such Servicer. If such Servicer does not within 60 days (or such other period provided in the related Servicing Agreement) after notification of the breach, either take steps to cure such breach (which may be evidenced by a certificate asking for an extension of time in which to effectuate a cure) or complete the purchase of the Mortgage Loan, then (i) the Securities Administrator, shall enforce the obligations of the Seller under the related Sale Agreement to cure such breach or to purchase the Mortgage Loan from the Trust, and (ii) such Seller shall succeed to the rights of the Securities Administrator to enforce the obligations of the Servicer to cure such breach or repurchase such Mortgage Loan under the Servicing Agreement with respect to such Mortgage Loan. Notwithstanding the foregoing, however, if any breach of a representation or warranty by the Servicer or of a Seller is a Qualification Defect, a cure or purchase must take place within 75 days of the Defect Discovery Date.

  • Material Breach A material breach for purposes of this Agreement shall include, but not be limited to:

  • Data Breach In the event of an unauthorized release, disclosure or acquisition of Student Data that compromises the security, confidentiality or integrity of the Student Data maintained by the Provider the Provider shall provide notification to LEA within seventy-two (72) hours of confirmation of the incident, unless notification within this time limit would disrupt investigation of the incident by law enforcement. In such an event, notification shall be made within a reasonable time after the incident. Provider shall follow the following process:

  • Covenant Breaches The Borrower, any Guarantor or any of their respective Subsidiaries shall fail to (i) perform or observe any covenant contained in Section 5.02(a), Section 5.03, Section 5.06(e), Section 5.09, Section 5.12, or Article VI of this Agreement or (ii) fail to perform or observe any other term or covenant set forth in this Agreement or in any other Loan Document which is not covered by clause (i) above or any other provision of this Section 7.01 if such failure shall remain unremedied for 30 days after the occurrence of such breach or failure;

  • Default; Breach A “Default” is defined as a failure by the Lessee to comply with or perform any of the terms, covenants, conditions or Rules and Regulations under this Lease. A “Breach” is defined as the occurrence of one or more of the following Defaults, and the failure of Lessee to cure such Default within any applicable grace period:

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

  • Breach A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

  • No Conflict, Breach, Violation or Default The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Securities will not conflict with or result in a breach or violation of any of the terms and provisions of, or constitute a default under (i) the Company’s Articles of Incorporation or the Company’s Bylaws, both as in effect on the date hereof (true and complete copies of which have been made available to the Investor through the XXXXX system), or (ii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Subsidiary or any of their respective assets or properties, or (b) any agreement or instrument to which the Company or any Subsidiary is a party or by which the Company or a Subsidiary is bound or to which any of their respective assets or properties is subject.

  • Termination and Breach 13.1 The termination of this Agreement or any part thereof however caused and the serving of notice to terminate shall be without prejudice to any obligations or rights of any of the parties which have accrued prior to such termination and shall not affect any provision of this Agreement which is expressly or by implication provided to come into effect on or to continue in effect after such termination

  • Data Breaches 4.1 The Data Processor does not guarantee that its security measures will be effective under all conditions. If the Data Processor discovers a data breach within the meaning of Article

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