Common use of Disputed Breach Clause in Contracts

Disputed Breach. If the alleged breaching Party disputes in good faith the existence or materiality of a breach specified in a notice provided by the other Party in accordance with Section 11.3(a), and such alleged breaching Party provides the other Party notice of such dispute within the ninety (90)-day cure period, then the non-breaching Party shall not have the right to terminate this Agreement under Section 11.3(a) unless and until an arbitrator, in accordance with Article 12, has determined that the alleged breaching Party has materially breached this Agreement and that such Party fails to cure such breach within ninety (90) days following such arbitrator’s decision. It is understood and agreed that during the pendency of such dispute, all of the terms and conditions of this Agreement shall remain in effect and the Parties shall continue to perform all of their respective obligations hereunder.

Disputed Breach. If the alleged breaching Party disputes in good faith the existence or materiality of a breach specified in a notice provided by the other Party in accordance with Section 11.3(a12.3(a), and such alleged breaching Party provides the other Party notice of such dispute within the ninety such sixty (90)-day cure 60)-day period, then the non-breaching Party shall not have the right to terminate this Agreement under Section 11.3(a12.3(a) unless and until an arbitratorthe arbitrators, in accordance with Article 1213 (Governing Law; Dispute Resolution), has have determined that the alleged breaching Party has materially breached this Agreement and that such Party fails to cure such breach within ninety sixty (9060) days following such arbitrator’s arbitrators’ decision. It is understood and agreed that during the pendency of such dispute, all of the terms and conditions of this Agreement shall remain in effect and the Parties shall continue to perform all of their respective obligations hereunder.

Disputed Breach. If the alleged breaching Party disputes in good faith the existence or materiality of a breach specified in a notice provided by the other Party in accordance with Section 11.3(a13.3(a), and such alleged breaching Party provides the other Party notice of such dispute within the ninety (90)-day cure such [***] day period, then the non-breaching Party shall not have the right to terminate this Agreement under Section 11.3(a13.3(a) unless and until an arbitratorthe arbitrators, in accordance with Article 1215.2, has determined that the alleged breaching Party has materially breached this the Agreement and that such Party fails to cure such breach within ninety (90) [***] days following such arbitrator’s arbitrators’ decision. It is understood and agreed that during the pendency of such dispute, all of the terms and conditions of this Agreement shall remain in effect and the Parties shall continue to perform all of their respective obligations hereunder.

Disputed Breach. If the alleged breaching Party disputes in good faith the existence or materiality of a breach specified in a notice provided by the other Party in accordance with Section 11.3(a10.3(a), and such alleged breaching Party provides the other Party notice of such dispute within the such ninety (90)-day cure period, then the non-breaching Party shall not have the right to terminate this Agreement under Section 11.3(a10.3(a) unless and until an arbitratorthe arbitrators, in accordance with Article 1211, has have determined that the alleged breaching Party has materially breached this the Agreement and that such Party fails to cure such breach within ninety (90) days following such arbitrator’s arbitrators’ decision. It is understood and agreed that during the pendency of such dispute, all of the terms and conditions of this Agreement shall remain in effect and the Parties shall continue to perform all of their respective obligations hereunder.

Disputed Breach. If the alleged breaching Party disputes in good faith the existence or materiality of a breach specified in a notice provided by the other Party in accordance with Section 11.3(a13.3(a), and such alleged breaching Party provides the other Party notice of such dispute within the ninety such sixty (90)-day cure 60)-day period, then the non-breaching Party shall not have the right to terminate this Agreement under Section 11.3(a13.3(a) unless and until an arbitratora court, in accordance with Article 1214, has determined that the alleged breaching Party has materially breached this Agreement and that such Party fails to cure such breach within ninety sixty (9060) days following such arbitrator’s arbitrators’ decision. It is understood and agreed that during During the pendency of such dispute, all of the terms and conditions of this Agreement shall remain in effect and the Parties shall continue to perform all of their respective obligations hereunder.

Disputed Breach. If the alleged breaching Party disputes in good faith the existence or materiality of a breach specified in a notice provided by the other Party in accordance with Section 11.3(a9.2(a), and such alleged breaching Party provides the other Party notice of such dispute within the such ninety (90)-day cure 90) day period, then the non-breaching Party shall not have the right to terminate this Agreement under Section 11.3(a9.2(a) unless and until an arbitrator, in accordance with Article 1210, has determined that the alleged breaching Party has materially breached this the Agreement and that such Party fails to cure such breach within ninety (90) days following such arbitrator’s decision. It is understood and agreed that during the pendency of such dispute, all of the terms and conditions of this Agreement shall remain in effect and the Parties shall continue to perform all of their respective obligations hereunder.

Disputed Breach. If the alleged breaching Party disputes in good faith the existence or materiality of a breach specified in a notice provided by the other Party in accordance with Section 11.3(a10.3(a), and such alleged breaching Party provides the other Party notice of such dispute within the ninety such sixty (90)-day cure 60)-day period, then the non-breaching Party shall not have the right to terminate this Agreement under Section 11.3(a10.3(a) unless and until an arbitratorthe arbitrators, in accordance with Article 1211 (Governing Law; Dispute Resolution), has have determined that the alleged breaching Party has materially breached this Agreement and that such Party fails to cure such breach within ninety sixty (9060) days following such arbitrator’s arbitrators’ decision. It is understood and agreed that during the pendency of such dispute, all of the terms and conditions of this Agreement shall remain in effect and the Parties shall continue to perform all of their respective obligations hereunder.

Disputed Breach. If the alleged breaching Party disputes in good faith the existence or materiality of a breach specified in a notice provided by the other Party in accordance with Section 11.3(a13.4(a), and such alleged breaching Party provides the other Party notice of such dispute within the such ninety (90)-day cure 90) day (or thirty (30) day, as the case may be) period, then the non-breaching Party shall not have the right to terminate this Agreement under Section 11.3(a13.4(a) unless and until an arbitratorthe arbitral tribunal, in accordance with Article 1214, has determined that the alleged breaching Party has materially breached this the Agreement and that such Party fails to cure such breach within ninety (90) days following such arbitratorarbitral tribunal’s decision. It decision (except to the extent such breach is understood and agreed that during solely based on the pendency of such disputefailure to make a payment when due, all of the terms and conditions of this Agreement shall remain in effect and the Parties shall continue to perform all of their respective obligations hereunder.which breach must be cured within thirty (30) days