Curable Breach. In any event of failure of performance by DISTRIBUTOR, COMPANY must give DISTRIBUTOR ten (10) business days written notice within which DISTRIBUTOR may cure DISTRIBUTOR's failure of performance. If DISTRIBUTOR does not cure such failure of performance within this ten (10) day period, COMPANY may thereafter terminate this Agreement and DISTRIBUTOR shall have no further right to cure. Furthermore, the parties agree that repeated violations, even if cured, constitute a chronic failure of performance and threaten substantial harm to COMPANY's business, trademarks or reputation, and in such event COMPANY shall be entitled to terminate this Agreement immediately and DISTRIBUTOR shall have no further right to cure.
Appears in 2 contracts
Sources: Distributor Agreement, Distributor Agreement