Default; Cure. In no event shall Licensee be deemed to be in breach of this Agreement, unless Licensee fails to cure such breach within thirty (30) days after receipt of written notice from Licensor of such breach (or ten (10) days in the case of non- payment), provided however, that if Licensee is more than five (5) business days late with payment more than twice in any two year period, Licensee shall be in breach without Licensor having to provide notice and an opportunity to cure. In such event, this Agreement shall automatically terminate unless Licensee is otherwise notified in writing by Licensor. Notwithstanding the foregoing, in the event that the Monthly License Fee is not paid pursuant to the terms of this Agreement, then this Agreement shall be null and void ab initio and any and all subsequent synchronized uses of any Musical Works in any and all of Licensee's Podcasts at any time shall be deemed unauthorized. Any such termination shall render the exhibition of the Musical Works as unauthorized uses, subject to the all rights and remedies provided by law, whether pursuant to the Copyright Act or otherwise.
Appears in 2 contracts
Sources: Subscription License Agreement, Single Track Buyout License Agreement for Podcasts