Breach and Cure a. In addition to applicable legal standards, the Company shall be considered to be in material breach of this Agreement for (i) failure to pay fully and promptly amounts due pursuant to Section 3 and payable pursuant to Section 4; (ii) failure to comply with governmental requests directed to Columbia or the Company pursuant to Section 11(b); or (iii) otherwise being in material breach of this Agreement.
Breach and Cure a. In addition to applicable legal standards, Company shall be deemed to be in material breach of this Agreement for: (i) failure to pay fully and promptly amounts due pursuant to Section 4 (including without limitation, the minimum royalties under subsection b(ii)(B) thereof and any payments required under subsection h thereof) and payable pursuant to Section 5; (ii) failure of Company to meet any of its obligations under Section 6 of this Agreement; (iii) failure to comply with governmental requests directed to Columbia or Company pursuant to Section 10b; (iv) failure to reimburse Columbia for or pay fully and promptly the costs of prosecuting and maintaining Patents pursuant to Section 11; (v) failure to obtain and maintain insurance in the amount and of the type provided for in Section 12; and (vi) failure to comply with the Export Laws under Section 14. 18
Breach and Cure. In the event that Licensee breaches any of its obligations under this License, Licensor shall send Licensee written notice specifying the nature of such breach. Licensee shall have ten (10) days from the receipt of such notice within which to cure such breach. If more time is reasonably required for Licensee's performance, then Licensee shall notify Licensor in writing of its proposed schedule for performance and commence performance within such ten (10) day period; thereafter, Licensee shall diligently proceed to completion. If Licensee fails to cure or to commence cure within such ten (10) day period, then Licensor shall have the right to terminate this License immediately by serving Licensee with written notice of termination. Licensor shall have all rights and remedies available under California law including, but not limited to, actions for damages and specific performance, for any breach of Licensee’s obligations hereunder.
Breach and Cure. Any material failure by any Party to perform any term or provision of this Agreement, which breach continues uncured for a period of ten (10) days following written notice of such failure from the non-defaulting Party, unless such period is extended by written mutual consent, shall constitute a default under this Agreement. Any notice given pursuant to the preceding sentence shall specify the nature of the alleged breach and, where appropriate, the manner in which said breach satisfactorily may be cured. If the nature of the alleged breach is such that it cannot reasonably be cured within such 10-day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure within such 10-day period. Upon the occurrence of an uncured breach or default under this Agreement as described above, the non-defaulting party may terminate this Agreement by written notice to the breaching party, and the non-defaulting Party may pursue any and all available legal or equitable remedies.
Breach and Cure. Any material failure by any Party to perform any term or provision of this Agreement, which breach continues uncured for a period of ten (10) days following written notice of such failure from the non-defaulting Party, unless such period is extended by written mutual consent, shall constitute a default under this Agreement. Any notice given pursuant to the preceding sentence shall specify the nature of the alleged breach and, where appropriate, the manner in which said breach satisfactorily may be cured. If the nature of the alleged breach is such that it cannot reasonably be cured within such 10-day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure within such 10-day period. Upon the occurrence of an uncured breach or default under this Agreement, this Agreement shall be terminated and the non-defaulting Party may pursue any and all available legal or equitable remedies.
Breach and Cure. In the event LICENSEE fails to pay any License Fee when due or is otherwise in default or breach of any other provision of this Agreement, then SESAC shall have the right to terminate this Agreement in addition to pursuing any and all other rights and/or remedies available if LICENSEE has not cured such default or breach within thirty (30) days following SESAC's written notice thereof.
Breach and Cure. If a Party believes that there is a breach of this Agreement, that Party (“Accusing Party”) must first send a written notice to the allegedly breaching Party (“Accused Party”) setting forth in detail information related to the breach or breaches. The Accused Party has thirty (30) days (“Cure Period”) to notify the Accusing Party that it has: (i) cured the breach or breaches; (ii) determined that such breach or breaches cannot be cured or can only be cured by an unreasonable amount of commercial or other effort; or (iii) chosen to dispute the alleged breach or breaches. Only after the Cure Period, and in the event the Parties are unable to amicably resolve their differences, a Party may file a complaint with an applicable court. Actions under Section 11 of this Agreement are excluded from this Section.
Breach and Cure. Failure of a Registrant to abide by any provision of this Agreement and all other Registry Policies will be considered a material breach. In the event of such material breach, the Registry may in its sole discretion, with the cooperation of the sponsoring Registrar, suspend, lock, modify, delete or transfer the domain name and/or may provide written (which may be by email) notice to the Registrant describing the material breach. In any event, if the Registry gives notice that there is a breach, by way of the accredited Registrar, to the Registrant, the Registrant shall rectify, cure, or refute within thirty (30) days. In the event a breach is not rectified, cured, or refuted by the Registrant to Registry’s sole satisfaction within the thirty (30) day period, the Registry may cancel or otherwise modify the Registrant’s registration of and license to use the domain name without refund and without further notice, and pursue any and all legal remedies it may have against the Registrant. Any such breach by the Registrant shall not be waived in the event that the Registry did not act earlier in response to the specific breach, or any other breach, by Registrant. In the event of a breach which, in the sole discretion of the Registry or the sponsoring Registrar, causes or is likely to cause immediate harm to the public interest or the Registry, or which violates or is likely to violate any applicable law or regulation, then an accredited Registrar and/or the Registry may, with the cooperation of the sponsoring Registrar, modify, suspend, transfer, delete or terminate services to the Registrant without written notice; the modification, suspension, transfer, deletion or termination of services constituting notice to Registrant that such a breach has occurred. See below for important limitations on the liability of the Registry and accredited Registrars with regard to acts by such parties under this Section. The Registry may delegate authority to:
Breach and Cure. In the event a party is given notice that it is in ----------------- material breach of this agreement, it shall have thirty (30) days from receipt to cure its breach in all material respects. On the failure so to cure, the non-breaching party may terminate this agreement. In the event of termination pursuant to this section, all revenue due PLI (minus all ad-serving fees & compensations due ADSmart) prior to termination will be paid in accordance with this Agreement.
Breach and Cure. 11.1 In addition to applicable legal standards, Licensee shall be in material breach of this Agreement for failure to pay any fees under Section III or any royalties pursuant to Section V.
