Default by Licensor. If LICENSOR fails to perform any of its material obligations under this Agreement and such failure continues for more than thirty (30) days after the written notice thereof, such failure shall constitute a failure by LICENSOR under this Agreement, unless the failure cannot be cured within such thirty (30) day-period and LICENSOR shall have commenced to cure such failure and proceeds diligently thereafter to cure such failure.
Default by Licensor. Licensor shall not be liable to Licensee if Licensor is unable to fulfill any of its obligations under this License, if Licensor is prevented, delayed, or curtailed from so doing by reason of any cause beyond Licensor’s reasonable control. Licensor shall not be in default unless Licensor fails to perform obligations required of Licensor within a reasonable time, but in no event later than thirty (30) days after written notice by Licensee to Licensor, specifying Licensor’s failure to perform such obligation; provided, however, that if the nature of Licensor’s obligation is such that more than thirty (30) days are required for performance, then Licensor shall not be in default if Licensor commences performance within such thirty (30) day period and thereafter diligently prosecutes its efforts to satisfy such obligation.
Default by Licensor. If the Licensor fails or refuses to make the Facilities and/or the Authorized Areas available to the Licensee on the dates set forth in this Agreement for any reason other than those specifies in Sections 8.4 and 8.10 above, then, in addition to any claims, rights or remedies the Licensee may have, the Licensor shall return to the Licensee all monies paid to the Licensor along with interest on those monies at the rate of eighteen percent (18%) per annum from the date the monies were remitted to the Licensor.
Default by Licensor. In the event that Licensor fails to perform or observe any of the covenants, conditions or obligations in this Agreement, Licensee shall provide Licensor with written notice specifying the failure with particularity, and Licensor shall have at least ten (10) business days from its receipt of such written notice to cure such failure. If such failure is not cured within such ten (10) business day period, Licensee's sole and exclusive remedy shall be to seek an action for actual damages (but not special, incidental, consequential, punitive, or exemplary damages or lost profits) in an amount not to exceed the License Fee paid to Licensor hereunder, together with reasonable attorney's fees and court costs.
Default by Licensor. If Licensor should at any time default in any intended obligation of this Agreement, Licensee may terminate this Agreement upon giving sixty (60) days written notice of termination to Licensor, during which term Licensor shall have the opportunity to cure the default.
Default by Licensor. Licensor shall not be in default under this Agreement unless Licensor fails to perform obligations required of Licensor within thirty (30) days after written notice by Licensee to Licensor, specifying wherein Licensor has failed to perform such obligation; provided, however, that if the nature of Licensor’s obligation is such that more than thirty (30) days are required for its cure, then Licensor shall not be in default if Licensor commences performance within such thirty (30) day period and thereafter diligently pursues the same to completion. Licensee hereby waives its right to recover consequential damages (including, but not limited to, lost profits) or punitive damages arising out of a Licensor default.
Default by Licensor. No default by LICENSOR hereunder shall constitute an eviction or disturbance of LICENSEE's use and possession of the Licensed Space or render LICENSOR liable for damages or entitle LICENSEE to be relieved from any of LICENSEE's obligations hereunder (including the obligation to pay the license fee) or grant LICENSEE any right of deduction, abatement, set-off, or recoupment or entitle LICENSEE to take any action whatsoever with regard to the Licensed Space or LICENSOR until twenty days after LICENSEE has given LICENSOR written notice specifically setting forth such default by LICENSOR, and LICENSOR has failed to cure such default within said twenty-day period, or in the event such default cannot reasonably be cured within said twenty-day period then within an additional reasonable period of time so long as LICENSOR has commenced curative action within said twenty-day period and thereafter is diligently attempting to cure such default. In the event that LICENSOR fails to cure such default within said twenty-day period, or within said additional reasonable period of time, LICENSE shall have the right to proceed to cure such default and deduct the cost of curing same, plus interest thereon at the rate of ten percent (10%) per annum, from the next succeeding licensee fee installment(s) owed by LICENSEE to LICENSOR hereunder.
Default by Licensor. If Licensor shall breach, or fail to perform or observe any agreement or condition in this License that Licensor is obligated to perform or observe, and if Licensor shall not cure such breach or failure within thirty (30) days after Licensor's receipt of written notice from Licensee specifying such breach or failure (or, if such breach or failure shall reasonably take more than thirty (30) days to cure, and Licensor shall not have commenced to cure within thirty (30) days and diligently prosecuted the cure to completion), Licensee may, at Licensee's option, cure such breach or failure for the account of Licensor and the amount paid or incurred by Licensee in so doing shall be deemed paid or incurred for the account of Licensor, and Licensor shall reimburse Licensee therefor; provided, however, Licensee may cure any such breach or failure as aforesaid prior to the expiration of said cure period if an emergency situation exists and the immediate curing of such breach or failure is necessary to protect the License Area, property located therein, or public health safety and welfare. Licensor shall pay Licensee the amount paid or incurred by Licensee within thirty (30) days from the date Licensor receives documentation of costs from Licensee. Notwithstanding anything to the contrary in the foregoing, Licensee’s right to cure Licensor's breaches or failures shall be limited to the performance of Licensor's obligations under this License which directly relate to or affect the License Area.
Default by Licensor. Licensor shall not be in default under this Agreement unless Licensor fails to perform obligations required of Licensor within thirty (30) days after written notice by Licensee to Licensor specifying wherein Licensor has failed to perform such obligation; provided, however, that if the nature of Licensor’s obligation is such that more than thirty (30) days are required for its cure, then Licensor shall not be in default if Licensor commences performance within such thirty (30) day period and thereafter diligently pursues the same to completion.
Default by Licensor. The following shall constitute a default under this Agreement by Licensor: (i) the failure of Licensor to perform or observe any of the obligations, covenants, agreements, or conditions to be performed or observed by Licensor under this Agreement within thirty (30) days after written notice from Licensee of such failure; provided, that if such performance or observance cannot reasonably be accomplished within such thirty (30) day period, then the failure to commence such performance or observance within such thirty (30) day period and to diligently pursue such performance or observance to conclusion; or (ii) the material breach by Licensor of any of the representations or warranties contained in this Agreement and the failure of Licensor to cure or commence to cure such breach within thirty (30) days after receipt of written notice from Licensee as to any such breach provided, that if such performance or observance cannot reasonably be accomplished within such thirty (30) day period, then the failure to commence such performance or observance within such thirty (30) day period and to diligently pursue such performance or observance to conclusion within an additional thrifty (30) days thereafter.
