In the Event of Breach. In the event the Releasors breaches this Agreement, or otherwise seeks to bring a claim that is waived and released herein, Releasees shall first provide notice of such breach to Releasor. Such notice will be provided by regular mail and certified mail R.R.R. Releasor shall cure such breach on or before thirty (30) calendar days of transmission of notice of such breach by Releasee. Should Releasors not cure said breach of this Agreement within the specific thirty (30) calendar day period, Releasee shall be entitled to use “self help” to cure said breach should Releasee desire in addition to obtaining all other relief provided by law or equity in addition to Releasees’ attorneys’ fees and costs. Releasee shall also be entitled to obtain "forced placed" insurance and recover the costs of such coverage, if necessary, from Releasors in the appropriate legal forum.
In the Event of Breach. Either party may terminate this Agreement upon thirty (30) days formal written notice to the other party in the event of a material breach of any provision of this Agreement by the other party, provided that, during the thirty (30) day period, the breaching party fails to cure such breach. Such notice by the complaining party shall expressly state all of the reasons for the claimed breach in sufficient detail so as to provide the alleged breaching party a meaningful opportunity to cure such alleged breach (“Notice”). Upon termination or expiration of this Agreement, Customer shall have no rights to continue use of the Service. If this Agreement is terminated by Customer for any reason other than a termination expressly permitted by this Agreement, Customer agrees that JCurve shall be entitled to all of the fees due under this Agreement for the entire Term. If this Agreement is terminated as a result of a breach on JCurve’s part, JCurve shall refund the pro rata portion of any fee paid by Customer for the terminated portion of the Term.
In the Event of Breach. Either Party may terminate this Agreement upon thirty (30) days written notice to the other Party in the event of a breach of any provision of this Agreement by the other Party, provided that, during the thirty (30) day period, the breaching Party fails to cure such breach.
In the Event of Breach. In the event of a material breach by either Party of a material provision hereof, which breach is not cured within sixty (60) days after written notice thereof by the other Party (“Cure Period”), then the Parties agree to resolve any damages through the use of arbitration in accordance with Section 10.2. The Cure Period may be extended by written mutual agreement of AcceleMed and Nalu.
In the Event of Breach. The parties agree that the provisions of Sections 17 and 18 of the Employment Agreement concerning Dispute Resolution are incorporated herein by reference. Notwithstanding the foregoing, in the event that Xxxxx breaches any of the provisions of Section 8 of this Agreement, Xxxxx understands that the MTGA may exercise any available remedies including its right to bring an action to enjoin any such breach in any court having personal jurisdiction over him, as he acknowledges that MTGA would suffer irreparable harm in the event of such breach. Xxxxx further acknowledges that in no event shall MTGA have to prove special damages before proceeding with an injunction against him. Xxxxx also agrees that in the event he breaches his covenant of confidentiality and/or non-competition toward MTGA, the MTGA may recover, in addition to any other legal damages, its reasonable attorney’s fees, court costs and other litigation expenses incurred in investigating and prosecuting any breach. In addition, with respect to his breach or threatened breach of the confidentiality and/or non-competition provisions herein, MTGA has the right to notify Xxxxx’x new or prospective employer of the terms and conditions of this Agreement.
In the Event of Breach. Either party may terminate this Agreement upon sixty (60) days written notice to the other party in the event of a breach of any provision of this Agreement by the other party, provided that, during the sixty (60) day period, the breaching party fails to cure such breach. Upon termination or expiration of this Agreement, Customer shall have no rights to continue use of the Service. If this Agreement is terminated as a result of a breach on NetSuite’s part, NetSuite shall refund the pro rata portion of any fee that may have been paid by Customer for the portion of the Service not furnished to Customer.
In the Event of Breach. Bullhorn, in its sole discretion, may suspend or terminate Customer’s username and password, account, or use of the Service and/or terminate the Agreement if Customer materially breaches the Agreement and such breach has not been cured within 5 business days of notice of such breach.
In the Event of Breach. 4.1. The Editor acknowledges and agrees that the Author reserves the right to take any legal action to which they may be entitled in the event of breach, in full or in part, of the provisions of this agreement.
In the Event of Breach. In the event that I breach any of the provisions of this Separation Agreement, including, without limitation, my covenants of confidentiality or noncompetition, I understand that the Enterprise may bring an action to enjoin any such breach, as the Enterprise would suffer irreparable harm in the event of such breach. In the event that I breach my duty of confidentiality or noncompetition toward the Enterprise or my specific covenants herein, the Enterprise shall have all remedies available at law or in equity. In addition, with respect to any breach or threatened breach of my duty of confidentiality or noncompetition herein, the Enterprise has the right to notify my new or prospective employer of the terms and conditions of this Separation Agreement. In the event of breach of this Separation Agreement, either the Enterprise or I may retain the services of an attorney to prosecute such claim, and the prevailing party shall be entitled to its reasonable attorney’s fees and expenses incurred in investigating and prosecuting such breach.
In the Event of Breach. If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, in the event that Xx. Xxxxx breaches any of the provisions of Section 7 of this Agreement, Xx. Xxxxx understands that RCGR may exercise any available remedies including its right to bring an action to enjoin any such breach in any court having personal jurisdiction over him, as he acknowledges that RCGR would suffer irreparable harm in the event of such breach. Xx. Xxxxx further acknowledges that in no event shall RCGR have to prove special damages before proceeding with an injunction against him. Xx. Xxxxx also agrees that in the event he breaches his covenant of confidentiality toward RCGR, RCGR may recover, in addition to any other legal damages, its reasonable attorney’s fees, court costs and other litigation expenses incurred in investigating and prosecuting any breach. In addition, with respect to his breach or threatened breach of the confidentiality provisions herein, RCGR has the right to notify Xx. Xxxxx’x new or prospective employer of the terms and conditions of this Agreement.
