BREACHES AND DEFAULTS. [See Section 13.01 Breach, in the Master Contract.]
BREACHES AND DEFAULTS. Subject to Enforced Delay, failure or delay by either party to perform any material term or provision of this Agreement (a “Breach”) following written notice and failure to cure as described hereafter constitutes a “Default” under this Agreement. The nondefaulting party shall give written notice of any Breach to the party in Breach, specifying the Breach complained of by the nondefaulting party (“Notice of Default”). Delay in giving such Notice of Default shall not constitute a waiver of any Breach nor shall it change the time of Breach. Upon receipt of the Notice of Default, the party in Breach shall promptly commence to cure the identified Breach at the earliest reasonable time after receipt of the Notice of Default and shall complete the cure of such Breach not later than thirty (30) days after receipt of the Notice of Default, or if such Breach cannot reasonably be cured within such thirty (30) day period, then as soon thereafter as reasonably possible, provided that the party in Breach shall diligently pursue such cure to completion (“Cure Period”). Failure of the party in Breach to cure the Breach within the Cure Period set forth above shall constitute a “Default” hereunder. Any failure or delay by either party in asserting any of its rights and remedies as to any Breach or Default shall not operate as a waiver of any Breach or Default or of any such rights or remedies. Delays by either party in asserting any of its rights and remedies shall not deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
BREACHES AND DEFAULTS. In the event of default under this Agreement, the non-defaulting party shall have the right, but not the obligation, to cure such default and to charge the defaulting party for the cost of curing such default, including the right to offset said costs of curing the default against any sums due or which become due to the defaulting party under this Agreement. Such non-defaulting party shall use the most economically reasonable method of curing any such defaults. This Agreement or the Lease to be issued hereunder may be terminated by County in the event of a breach that has not been cured within 60 days of written notice thereof being sent to Xxxxxxxx by County. Breach shall mean a material failure to comply with any of the provisions of this Agreement, the permits under which the Landfill will be built or applicable local, state or federal law. It will also include the insolvency of Xxxxxxxx, such insolvency to be established by the filing of either a voluntary petition in bankruptcy showing Xxxxxxxx as the debtor or an involuntary petition that is not dismissed within 180 days. In the event of a breach and the appropriate notice thereof to by County, the 60-day limit will be extended for so long as Xxxxxxxx is actively and continuously pursuing a course of actions which will reasonably lead to a curing of that breach. In the event complete closure of the Landfill becomes necessary for any reason other than final closure upon the Landfill being filled with waste, the Landfill may be reconveyed to Xxxxxxxx at the County’s discretion. If, at some later time following such closure, the operation of the Landfill becomes permissible under then current regulations, then the Landfill will again be conveyed to County, and it will be operated as set forth herein by Xxxxxxxx. The parties agree that there are certain practices which are critical to the operation of the Landfill, such practices include only the following:
BREACHES AND DEFAULTS. Except as set forth in Schedule --------------------- -------- 4.12: ----
BREACHES AND DEFAULTS. The Design-Build Contractor shall give prior written notice to the Sewer District of any material proposed and final amendments to any Subcontract and shall not enter into any such amendment which is material and adverse to the rights and obligations of the Sewer District hereunder without the Sewer District’s prior written consent. The Design-Build Contractor shall notify the Sewer District promptly of any material breach or event of default occurring under the Subcontract and the probable effect on the Design-Build Work. The Design-Build Contractor shall keep the Sewer District apprised of the course of the dispute and shall advise the Sewer District of its ultimate resolution.
BREACHES AND DEFAULTS. None, except as may be alleged in the various claims for delinquent payments on numerous contracts and accounts payable obligations disclosed in Schedule 6.C. Schedule 6.01.D
BREACHES AND DEFAULTS. In the event of a Breach (“inbreuk”) of any of the Warranties (“Breach”) the Warrantor shall reimburse and hold harmless (“schadeloos stellen”) either the Purchaser or the pertinent member of the Group (at the option of the Purchaser) for all Damages suffered by the Purchaser or the relevant member of the Group as a result of such Breach, without prejudice to other statutory rights of the Purchaser. In addition, in the event of a default (“tekortkoming”) in the compliance (“nakoming”) by Seller of any other obligations under this Agreement (“Default”), the Seller shall reimburse and hold harmless (“schadeloos stellen”) either the Purchaser or the pertinent member of the Group (at the option of the Purchaser) for all Damages suffered by the Purchaser or the relevant member of the Group as a result of such Default, without prejudice to other statutory rights of the Purchaser.
BREACHES AND DEFAULTS. Each Seller Agreement is a valid and binding agreement of Seller, enforceable by Seller in accordance with its terms in all material respects, except as such enforceability may be limited by general principles of equity or applicable bankruptcy insolvency, reorganization, moratorium, liquidation or similar laws relating to, or affecting generally, the enforcement of creditors' rights and remedies, and Seller does not have any knowledge that any Seller Agreement is not a valid and binding agreement of the other party or parties thereto. Seller has fulfilled all material obligations required pursuant to the Seller Agreements to have been performed by Seller on its part prior to the date hereof. Seller is not in material violation or breach of, or default under any Seller Agreement. To the knowledge of Seller, there is no existing breach or default by any other party to any Seller Agreement which could entitle Seller to terminate the Seller Agreement, and no event has occurred which with the passage of time or giving of notice or both could constitute a default by such other party, result in a loss of rights or result in the creation of any lien, charge or Encumbrance (other than Permitted Encumbrances) thereunder or pursuant thereto. The validity and effectiveness of each Seller Agreement will not be affected by the transfer thereof to Buyer under this Agreement and all such Agreements are assignable to Buyer without consent, except as indicated on Schedule 2.5. True, correct and complete copies of all Seller Agreements have previously been delivered or made available by Seller to Buyer.
BREACHES AND DEFAULTS. 53 11.01 Breaches 53 11.02 Default 59 11.03 Substitute Services 62 11.04 Authority Use of Facility 63 11.05 [Reserved] 64 11.06 Waiver 64 11.07 Determination of Remedy or Cure of Breach or Default 64 11.08 Criminal Activity of Contractor 64 11.09 Uncontrollable Circumstances 65 11.10 Payment of Service Fee Held in Abeyance 67 ARTICLE 12. SUSPENTION AND TERMINATION 68
BREACHES AND DEFAULTS. 11.01 Breaches
