Failure to Comply with Memorandum of Agreement Clause Samples
The 'Failure to Comply with Memorandum of Agreement' clause defines the consequences and procedures that apply if one party does not fulfill its obligations under the agreement. Typically, this clause outlines steps such as providing written notice of the breach, allowing a period for the defaulting party to remedy the situation, and specifying potential remedies or penalties if compliance is not achieved. Its core function is to ensure accountability and provide a clear process for addressing breaches, thereby protecting the interests of all parties and maintaining the integrity of the agreement.
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Failure to Comply with Memorandum of Agreement. A. In the event either Party fails to perform any of its obligations under this Agreement, the other Party will provide written notice of such failure or non-compliance in accordance with Section 13.
B. The Party in alleged default will cure or commence to cure the event of noncompliance within thirty (30) days of receipt of notice from the other Party.
C. Upon its receipt and review of the notice of default, the Party in alleged default may dispute any matters set forth in such notice; and in such circumstances will advise the other Party that any such matter is in dispute.
D. In the event the Party in alleged default fails to cure or to commence to cure and diligently pursue completion of such cure within 30 days as provided in this Section 10, and in an effort to avoid the expense and delay of litigation, the Parties agree to submit any dispute regarding such alleged default to mediation prior to instituting litigation. Such mediation will be non-binding, that is, no Party will be obligated to enter into any settlement arising out of mediation unless the settlement is satisfactory to that Party. Any settlement the Parties enter into will be binding, but if the Parties are not able to reach agreement on a settlement, they may resort to litigation as if the mediation had never taken place. The mediation will be provided by a mutually agreeable mediator or mediation service in the geographic area comprising Planning District 15. Judicial actions to provide provisional remedies, such as injunctions, are not violations of the obligation to mediate and do not waive the right to mediate. The parties hereby agree that the costs of mediation shall be borne equally by both Parties. Each Party shall be responsible for its own attorney’s fees.
Failure to Comply with Memorandum of Agreement. A. In the event either Party fails to perform any of its obligations under this Agreement, the other Party will provide written notice of such failure or non-compliance in accordance with Section 13.
B. The Party in alleged default will cure or commence to cure the event of noncompliance within thirty (30) days of receipt of notice from the other Party.
C. Upon its receipt and review of the notice of default, the Party in alleged default may dispute any matters set forth in such notice; and in such circumstances will advise the other Party that any such matter is in dispute.
D. In the event the Party in alleged default fails to cure or commence to cure the event of noncompliance and diligently pursue completion thereof, the Parties will immediately seek the assistance of a mediator or arbitrator to resolve the dispute. However, nothing will prohibit either Party from pursuing all legal remedies that may be available to it at law or in equity to obtain compliance with the terms of this Agreement and applicable law.
Failure to Comply with Memorandum of Agreement. A. In the event either party fails to perform any of its obligations under this Agreement, the other party will provide written notice to the Executive Director of the party of such failure or non-compliance.
B. The party in alleged default will cure or commence to cure the event of noncompliance within thirty (30) days of receipt of notice from the other party.
C. Upon its receipt and review of the notice of default from the party, the party in alleged default may dispute any matters set forth in such notice; and in such circumstances will advise the other party’s Executive Director/Administrator that any such matter is in dispute.
D. In the event the party in alleged default fails to cure or commence to cure the event of noncompliance and diligently pursue completion thereof, the parties will immediately seek the assistance of a mediator or arbitrator to resolve the dispute. However, nothing will prohibit either party from pursuing all legal remedies that may be available to it at law or in equity to obtain compliance with the terms of this Agreement and applicable law.