Common use of Failure to Perform Other Obligations Clause in Contracts

Failure to Perform Other Obligations. Unless due to a Force Majeure Event excused by Section 9, the failure of Host to perform or cause to be performed any other material obligation required to be performed by Host under this Agreement, or the failure of any material representation and warranty set forth herein to be true and correct in all material respects as and when made; provided, however, that if such failure by its nature can be cured, then Host shall have a period of thirty (30) business days after receipt of written notice from Provider of such failure to Host to cure the same and a Host Default shall not be deemed to exist during such period; provided, further, that if Host commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, at Provider’s sole discretion, said period may be extended for up to one hundred and twenty (120) additional days; or

Failure to Perform Other Obligations. Unless due to a Force Majeure Event excused by Section 99.2, the failure of Host to perform or cause to be performed any other material obligation required to be performed by Host under this Agreement, or the failure of any material representation and warranty set forth herein to be true and correct in all material respects as and when made; provided, however, that if such failure by its nature can be cured, then Host shall have a period of thirty (30) business days after receipt of written notice from Provider Seller of such failure to Host to cure the same and a Host Default shall not be deemed to exist during such period; provided, further, that if Host commences to cure such failure during such period and is diligently and in good faith attempting to effect such cure, at Provider’s sole discretion, said period may shall be extended for up to one hundred and twenty ninety (12090) additional days; or;