Common use of By FiveCom Clause in Contracts

By FiveCom. A breach by FiveCom of any of its representations, covenants or obligations under this Agreement which is not cured as provided herein shall constitute a Default by FiveCom. FiveCom shall not be in Default unless and until BecoCom shall have given FiveCom written notice of such breach and FiveCom shall have failed to cure the same within [**] after receipt of such notice; provided, however, that the foregoing notice and cure requirement shall not apply to FiveCom's obligation to make payments in a timely manner as provided under Sections 8.2(e) and 8.4 hereof. Where any breach, other than a breach of Section 8.2(e) and 8.4, cannot reasonably be cured within such [**], if FiveCom shall proceed promptly to cure the same and prosecute such curing with due diligence, the time for curing such breach shall be extended for such period of time as may be necessary to complete such curing. Upon the failure by FiveCom to timely cure any such breach after notice thereof from BecoCom, BecoCom shall have the right, in its sole discretion, to take such action as it may determine to be necessary to cure the breach, or to terminate this Agreement upon written notice to FiveCom. The Parties intend that the notice and cure provisions of this Section 21.1 apply only to the extent specific notice and cure provisions are not provided elsewhere in this Agreement.

By FiveCom. A breach by FiveCom of any of its representations, covenants or obligations under this Agreement which is not cured as provided herein shall constitute a Default "Default" by FiveCom. FiveCom shall not be in Default under this Agreement, or in breach of any provision hereof unless and until BecoCom ▇▇▇▇ Com shall have given FiveCom written notice of such breach and FiveCom shall have failed to cure the same within [**] after receipt of such notice; provided, however, that the foregoing notice and cure requirement shall not apply to FiveCom's obligation to make payments in a timely manner as provided under Sections 8.2(e) and 8.4 hereofhereof or where Section 17.1 provides for an alternate notice and cure requirement. Where any such breach, other than a breach of Section Sections 8.2(e) and 8.4, cannot reasonably be cured within such [**]] period, if FiveCom shall proceed promptly to cure the same and prosecute such curing with due diligence, the time for curing such breach shall be extended for such period of time as may be necessary to complete such curing. Upon the failure by FiveCom to timely cure any such breach after notice thereof from BecoCom▇▇▇▇ Com, BecoCom ▇▇▇▇ Com shall have the right, in its sole discretion, to take such action action, consistent with Section 17.1, as it may determine determine, to be necessary to cure the breach, breach or to terminate this Agreement upon written notice to FiveCom. The Parties intend that Confidential Materials omitted and filed separately with the notice Securities and cure provisions of this Section 21.1 apply only to the extent specific notice and cure provisions are not provided elsewhere in this AgreementExchange Commission. Asterisks denote omissions.