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 10.3(a), and such alleged breaching Party provides the other Party notice of such dispute and its intention to seek a judgment by a court pursuant to Article 11 within the cure period, then the non-breaching Party will not have the right to terminate this Agreement under Section 10.3(a) unless and until a court, in accordance with Article 11, has determined that the alleged breaching Party has materially breached the Agreement and that such Party fails to cure such breach within [*] following such decision of such court. It is understood and agreed that during the pendency of such dispute, all of the terms and conditions of this Agreement will remain in effect and the Parties will continue to perform all of their respective obligations hereunder.

Disputed Breach. If the alleged breaching 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 10.3(a12.2(a), and such alleged breaching Breaching Party provides the other Party notice of such dispute and its intention to seek a judgment by a court pursuant to Article 11 within the cure period[*] of receipt of such notice, then the nonNon-breaching Breaching Party will shall not have the right to terminate this Agreement under Section 10.3(a12.2(a) unless and until a court, determination has been made in accordance with Article 11, has determined Section 13.2(b) that the alleged breaching Breaching Party has materially breached the Agreement Agreement, and that such Party fails to cure such breach within [*] following such decision of determination (except to the extent such courtbreach involves the failure to make a payment when due, which breach must be cured within [*] following such determination). It is understood and agreed that during the pendency of such dispute, all of the terms and conditions of this Agreement will shall remain in effect and the Parties will continue to perform all of their respective obligations hereundereffect.

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 10.3(a14.3(a), and such alleged breaching Party provides the other Party notice of such dispute and its intention to seek a judgment by a court arbitration pursuant to Article 11 15 within the cure period, then the non-breaching Party will may not have the right to terminate this Agreement under Section 10.3(a14.3(a) unless and until a courtan arbitrator, in accordance with Article 1115, has determined (and without possibility of appeal) that the alleged breaching Party has materially breached the this Agreement and that such Party fails to cure such breach within [***] following such decision of such courtarbitrator or court (or within [***]from the dat e of such decision with respect to payments due hereunder). It is understood and agreed that during During the pendency of any such dispute, all of the terms and conditions of this Agreement will remain in effect and the Parties will 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 10.3(a13.3(a), and such alleged breaching Party provides the other Party notice of such dispute and its intention to seek a judgment by a court pursuant to Article 11 within the cure such [***] period, as applicable, then the non-breaching Party will shall not have the right to terminate this Agreement under Section 10.3(a13.3(a) unless and until a courtan arbitrator, in accordance with Article 1114, has determined that the alleged breaching Party has materially breached the Agreement and that such Party fails to cure such breach within [***] following such arbitrator’s decision of (except to the extent such courtbreach involves the failure to make a payment when due, which breach must be cured within [***] 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 will shall remain in effect and the Parties will continue to perform all of their respective obligations hereundereffect.