DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to:
DETERMINATION OF BREACH. For the purpose of determining whether or not any warranty made by the Cooperative under the provisions of Section 4.10 was false and that the Cooperative is therefore obliged to repurchase any Wholesale Account, the Cooperative shall be bound by a written statement of an officer of Statesman that in the reasonable judgment of Statesman it has determined that any obligor under any Wholesale Account has refused to make any scheduled payment under such contract because of any fact which has been represented as otherwise by the Cooperative to Statesman under the provisions of Section 4.10 hereof.
DETERMINATION OF BREACH. With regard to Clause 34:02(B) above, the Artist may not however terminate the Artist’s contract should the Engager dispute that a material breach has in fact taken place, until a determination has been made according to the provisions of Articles 10:00 and 48:00.
DETERMINATION OF BREACH. For purposes of determining (i) whether an Indemnifying Party shall be required to indemnify an Indemnified Party under this Article 11 or (ii) the aggregate amount of Minimum Loss suffered by an Indemnified Party, each representation and warranty contained in this Agreement for which indemnification can be or is sought hereunder shall be read (including for purposes of determining whether a breach of such representation or warranty has occurred) without regard to materiality (including Material Adverse Effect) qualifications that may be contained therein.
DETERMINATION OF BREACH. (a) In the event that the Issuing Authority has evidence that the Licensee has defaulted in the performance of any material provision(s) of this Renewal License, except as excused by force majeure or other factors beyond the reasonable control of the Licensee, or prior to institution any action under either Section 9.3 (Performance Bond) or Section 9.7
DETERMINATION OF BREACH. 7.6.1 Determination of irregular subscription complaints
DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that Licensee has defaulted in the performance of any provision of this Renewal License, except as excused by force majeure, the Issuing Authority shall notify Licensee in writing of the provision or provisions which the Issuing Authority believes may be in default. Licensee shall have fourteen (14) days from the receipt of such notice to:
DETERMINATION OF BREACH. Any such breach shall be deemed to be a Breach Occurrence triggering adjustment of the Series B Multiple if (i) the Company fails to cure such breach, obtain a waiver thereof or invoke the dispute resolution procedures of Section 4.3(b) within thirty (30) days after the date of receipt of the Breach Notice or (ii) the arbitrators fail to make a final determination in accordance with Section 4.3(b) that such breach has not occurred.
DETERMINATION OF BREACH. Prior to making a determination that Applicant has failed to maintain a viable presence in the District as required by Section 5.2 or has otherwise committed a material breach of this Agreement, the District’s administration shall provide the Applicant with a written notice of the facts which it believes have caused the material breach of this Agreement, and if cure is possible, the cure proposed by the District. After receipt of the notice, Applicant shall be given sixty (60) days to present any facts or argument to the District’s Board of Trustees showing that it is not in material breach of its obligations under the Agreement, or that it has cured any such material breach. After providing an opportunity for response, the District’s Board of Trustees shall conduct a hearing. At the hearing the Board shall make findings as to whether or not a material breach of this Agreement has occurred, and the date such material breach occurred, if any. In the event that the Board determines that a material breach has occurred, it shall also determine the amounts of recaptured taxes under Section 5.3 of this Agreement which are owed to the District. After making its determination regarding any alleged material breach, the Board shall cause Applicant to be notified of its determination.
DETERMINATION OF BREACH. (a) In the event that the Issuing Authority has evidence that the Licensee has defaulted in the performance of any material provision(s) of this Renewal License, except as excused by force majeure or other factors beyond the reasonable control of the Licensee, or prior to institution any action under either Section 9.3 (Performance Bond) or Section 9.7 (Revocation of License), the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to:
