Breach Pattern or Practice Sample Clauses

The "Breach Pattern or Practice" clause defines a situation where repeated or systematic violations of an agreement, rather than isolated incidents, are considered a material breach. In practice, this clause applies when one party consistently fails to meet its obligations, such as regularly missing deadlines or repeatedly failing to comply with quality standards. Its core function is to protect the non-breaching party by allowing them to take action, such as terminating the contract or seeking remedies, when a pattern of non-compliance emerges, rather than waiting for a single, severe breach.
Breach Pattern or Practice. If the Contractor knows of a pattern of activity or practice of the Contractor’s subcontractors or vendors that constitutes a material breach or violation of the Contractor’s obligations under this Contract or this Exhibit “I” or other arrangement, the Contractor shall require its subcontractor or vendor take reasonable steps to cure the breach or end the violation. If the steps are unsuccessful, the Contractor shall terminate the contract or other arrangement, if feasible, or if termination is not feasible, report the problem to the County.
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Breach Pattern or Practice. If either party (the “Non-Breaching Party”) knows of a pattern of activity or practice of the other party (the “Breaching Party”) that constitutes a material breach or violation of the Breaching Party’s obligations under this Agreement, the Non-Breaching Party shall either (i) terminate this Agreement in accordance with Section 5 above, or (ii) take reasonable steps to cure the breach or end the violation. If the steps are unsuccessful, the Non-Breaching Party must terminate the Agreement if feasible. The Non-Breaching Party shall provide written notice to the Breaching Party of any pattern of activity or practice of the Breaching Party that the Non-Breaching Party believes constitutes a material breach or violation of the Breaching Party’s obligations under this Agreement within three (3) days of discovery and shall meet with the Breaching Party’s Privacy Coordinator to discuss and attempt to resolve the problem as one of the reasonable steps to cure the breach or end the violation.
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Breach Pattern or Practice. Pursuant to 42 U.S.C. § 17934(b), if either party knows of a pattern of activity or practice of the other party that constitutes a material breach or violation of such other party’s obligations under this BAA, the first party must take reasonable steps to cure the breach or end the violation. If the steps are unsuccessful, the first party must terminate the Terms of Use if feasible, or if termination is not feasible, report the problem to the Secretary of the Department of Health and Human Services.
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Breach Pattern or Practice. Pursuant to 42 U.S.C. ⁄ 17934(b), if either party knows of a pattern of activity or practice of the other party that constitutes a material breach or violation of such other S D U W \ ¶ V R E O L J D W L R Q Vsteps to XcureQthe GbreaHch orU W K L V end the violation. If the steps are unsuccessful, the first party must terminate the Terms of Use if feasible, or if termination is not feasible, report the problem to the Secretary of the Department of Health and Human Servic es. 3 Obligations of CE.
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Related to Breach Pattern or Practice

  • AUTHORITY TO PRACTICE The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to, conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY upon request.

  • Patent Infringement 18.1 If either party learns of infringement of potential commercial significance of any of the REGENTS' PATENT RIGHTS, it will provide the other with: (i) written notice of such infringement and (ii) any evidence of such infringement available to it (the "Infringement Notice"). Neither party will put an alleged infringer on notice of the existence of any of the REGENTS' PATENT RIGHTS without first obtaining consent of the other. Both the REGENTS and the LICENSEE will use their diligent efforts to terminate such infringement without litigation. 18.2 If the matter described in the Infringement Notice is not resolved within ninety (90) days of receipt of the Infringement Notice, then the LICENSEE may institute suit for patent infringement. The LICENSEE may not join the REGENTS as a party in such suit without the REGENTS' prior written consent. If the REGENTS joins such suit at the LICENSEE’s request or is involuntarily joined, the LICENSEE will pay all out-of-pocket costs incurred by the REGENTS arising out of such suit. 18.3 If, within a hundred and twenty (120) days of receipt of the Infringement Notice, the matter described in the Infringement Notice has not been resolved and the LICENSEE has not filed suit against the infringer, then the REGENTS may institute suit for patent infringement against the infringer. If the REGENTS institutes such suit, then the LICENSEE may not join such suit without the REGENTS' consent and may not thereafter commence suit against the infringer for the acts of infringement that are the subject of the REGENTS' suit or any judgment rendered in that suit. 18.4 Notwithstanding anything to the contrary in this AGREEMENT, in the event that either party receives written notice of infringement under the Drug Price Competition and Patent Term Restoration Act of 1984 (and/or foreign counterparts of this Law) (“The Act”), then the party in receipt of such notice under the Act will promptly provide the Infringement Notice to the other party. If under the Act the LICENSEE will lose the right to pursue legal remedies for infringement by not filing suit, the notification period and the time period to file suit under Paragraph 18.2 will be accelerated to within forty-five (45) days from receipt of the Infringement Notice to either party. 18.5 Any recovery or settlement received in connection with any suit will first be shared by the REGENTS and the LICENSEE equally to cover any litigation costs each incurred and will next be paid to the REGENTS or the LICENSEE to cover any litigation costs it incurred in excess of the litigation costs of the other. In any suit initiated by the LICENSEE, any recovery in excess of litigation costs will be shared between LICENSEE and the REGENTS as follows: (a) for any recovery other than amounts paid for willful infringement: (i) the REGENTS will receive fifteen percent (15%) of the recovery if the REGENTS did not incur any litigation costs or all of the REGENTS’ litigation costs were reimbursed by LICENSEE, (ii) the REGENTS will receive thirty percent (30%) of the recovery if the REGENTS incurred any litigation costs in connection with the litigation that were not reimbursed by LICENSEE; and