Default and Breach. If either Party defaults in the payment of any amount due hereunder, or if either Party violates any other material provision of this Agreement and such default or violation continues for thirty (30) Days after written notice thereof, the other Party may terminate this Agreement and seek relief in accordance with any remedy available under this Agreement, including without limitation, the Dispute Resolution provisions of Section 25 herein and, in addition to the foregoing, Qwest may cease to accept orders from CLEC for Services in accordance with Section 8.2 above. The remedies available to each Party pursuant to this Agreement are not to be considered exclusive of one another and will be cumulative.
Default and Breach. If either Party defaults in the payment of any amount due hereunder, or if either Party violates any other material provision of this Agreement and such default or violation continues for thirty (30) Days after written notice thereof, the other Party may terminate this Agreement and seek relief in accordance with the Dispute Resolution provision, or any remedy under this Agreement.
Default and Breach. 6.1 Both Parties agree and acknowledge that if Party B (the “Defaulting Party”) materially breaches any of the covenants made under the Agreement or materially fails to perform any of its obligations under the Agreement, it shall constitute a default under the Agreement (a “Default”). Party A shall have the right to require the Defaulting Party to make supplements and corrections or take remedial measures within a reasonable period. If the Defaulting Party fails to make supplements and corrections or take remedial measures within a reasonable period or within fifteen (15) days after Party A has notified the Defaulting Party in writing of the request for corrections, Party A shall have the right, at its sole discretion, to (1) terminate the Agreement and demand full damages from the Defaulting Party; or (2) require mandatory performance of the Defaulting Party’s obligations under the Agreement and demand full damages from the Defaulting Party, which shall be the range of all actual economic losses caused to Party A by the breach, including but not limited to attorneys’ fees, litigation or arbitration costs incurred in connection with litigation or arbitration proceedings relating to such breach. This Article is without prejudice to any other rights of Party A under the Agreement.
Default and Breach. It is a breach of this Agreement if a party fails to perform any obligation hereunder, and then fails to cure such default within the applicable cure period noted below, if any:
Default and Breach. (a) In the event the Real Property Seller defaults in the performance of any of its obligations under this Agreement and shall not have cured such default within thirty (30) days after notice of such default from Purchaser, then the Purchaser may either (i) terminate this Agreement and receive a return of the Escrow Money, in which case neither party shall have any obligations under this Agreement (except for the Purchaser’s indemnification obligations under Section 5 and the parties’ obligations under Section 11(a), which shall survive any such termination) or (ii) pursue and obtain specific performance of such obligations under this Agreement.
Default and Breach. 2.01 The following shall constitute Events of Default hereunder.
Default and Breach. 1. Failure or delay by either Party to perform any material term or provision of this Agreement or of the Predevelopment Loan Agreement shall constitute a “default” under this Agreement. If the Party who is claimed to be in default by the other Party commences to cure, correct or remedy the default within fifteen (15) calendar days after receipt of written notice specifying such default and diligently completes such cure, correction or remedy within thirty (30) calendar days after the expiration of the fifteen (15) day period (for a total of forty-five (45) calendar days to cure the default), such Party shall not be in default under this Agreement. In no event shall any time to cure, correct or remedy a default extend the Negotiation Period.
Default and Breach. In the event of any breach of or default under this Agreement, the Parties shall give prompt written notice of such alleged breach or default and the Party receive such notice shall have thirty (30) days after receipt of such notice to cure such alleged breach or default, prior to the seeking of any remedy provided for herein, provided, however, that said thirty (30) Day period shall be reasonably extended if the defaulting Party has initiated the cure of said breach of default and is diligently proceeding therewith.
Default and Breach. (i) The registered proprietor grants to the Developer the right to remedy any breaches of these covenants and authorises the Developer to enter onto the land.
Default and Breach. Either party may terminate this Agreement in the event of a default or material breach by the other party. The notifying party must provide written notice to the other party specifying how the other party is not in compliance with the terms of this Agreement. The non-complying party will have thirty days after receipt of a notice of non-compliance to cure the issue(s). Should the correction(s) not be made during this thirty day period, this Agreement may be terminated, at the discretion of the notifying party, unless the correction(s) cannot be made within thirty days. If the non- compliance cannot be corrected within thirty days, the non-complying party must, at minimum, begin corrective action within thirty days and proceed with due diligence until the correction is completed. This Agreement may be terminated, at the discretion of the notifying party, if the non-complying party either fails to begin to take corrective action within thirty days or fails or ceases to use due diligence to continue with the corrective action.
