Licensee Default. For the purposes of Clause 20, there shall have occurred a Licensee Default in any of the following events or circumstances:
Licensee Default. Licensor will copy Administrative Agent on any notice of breach that identifies itself as a notice of breach, default, suspension, termination issued to Licensee under, or any exercise by Licensor of any other remedy under Section 18 of, the License Agreement. Administrative Agent shall have the right, but not the obligation, upon notice to Licensor, to cure JPMorgan Chase Bank, N.A., as Administrative Agent November 21, 2011 any of the foregoing on behalf of Licensee during the time period for cure established in the default notice (provided that the commencement date for purposes of calculating any such cure period shall be the date on which the Administrative Agent receives the relevant notice from the Licensor). Licensor shall extend Administrative Agent’s right to cure for such reasonable period of time beyond the above cure period if: (i) the default is not a material default related to health or safety; (ii) the default is susceptible to cure; (iii) Administrative Agent notifies Licensor of Administrative Agent’s intention to cure the default as soon as reasonably practicable, but by no later than two (2) days prior to expiration of the cure period established in the default notice; (iv) all royalties, fees, charges, and other amounts due to Licensor or any of its affiliates under the License Agreement are kept current (other than those that are the subject of any good faith dispute); and (v) cure of the default is diligently pursued. The foregoing procedures shall apply separately each purported breach or default of the License Agreement.
Licensee Default. A “Licensee Default” shall occur if Licensee defaults in the performance of any material obligation herein and such default is not cured within fifteen (15) calendar days after receipt from Licensor of written notice of such default; provided that if: (i) such default cannot be cured with reasonable diligence during such fifteen (15) calendar day period; and (ii) Licensee takes reasonable steps during such fifteen (15) calendar days to cure of such default, then such default shall not constitute a Licensee Default. In the event Licensee is late making any of the payments as set forth in Section 2.2, and if cured within fifteen (15) calendar days as set forth above, Licensee is subject to a late fee of $1,000.
Licensee Default. If at any time during the term of this Agreement, Licensee defaults in the performance of any of its obligations hereunder, Licensor may terminate this Agreement upon giving thirty (30) days written notice to Licensee; provided, however, that Licensee may cure such default to Licensor’s reasonable satisfaction within said thirty (30) day period, and in the event of cure during such period, this Agreement shall continue in full force and effect.
Licensee Default. This Agreement shall, at the option of Owner in its sole discretion, cease and terminate upon written notice from Owner to Licensee, if any of the following occur: (a) Licensee fails to pay the License Fee or any other sums required by this Agreement when due; (b) Licensee violates or fails to perform any of the conditions, covenants or agreements of this Agreement (other than the payment of the License Fee or any other sums required by this Agreement), and any such violation or failure continues for a period of twenty (20) days after written notice thereof has been delivered by Owner to Licensee; or (c) Licensee abandons the Premises. Licensee shall remain liable to Owner for all costs, expenses and other damages (including reasonable attorneys’ fees and costs) arising from such violation or failure or incurred by Owner to defend or enforce its rights under this Agreement or applicable law.
Licensee Default. Licensee shall be in default of this Agreement if (a) Licensee fails to make full payment of the License Fee with respect to any Program or the License Fee to Licensor, or Licensee fails or refuses to perform any of its material obligations hereunder or breaches any other material provision hereof, or (b) Licensee goes into receivership or liquidation other than for purposes of amalgamation or reconstruction, or becomes insolvent, appoints a receiver or a petition under any bankruptcy act shall be filed by or against Licensee (which petition, if filed against Licensee, shall not have been dismissed within thirty (30) days thereafter), or Licensee executes an assignment for the benefit of creditors, or Licensee takes advantage of any applicable insolvency, bankruptcy or reorganization or any other like or analogous statute, or experiences the occurrence of any event analogous to the foregoing (each of the above acts is hereinafter referred to as a “ Licensee Event of Default”). Subject to Article 9 and Section 14.4, (I) immediately upon the occurrence of a Licensee Event of Default under clause (a) that is not curable or a Licensee Event of Default under clause (b) or (II) if Licensee fails to cure a Licensee Event of Default under clause (a) that is curable within thirty (30) days after delivery by Licensor to Licensee of a written notice of such failure or breach (“Event of Default Notice”), Licensor may, in addition to any and all other rights which it may have against Licensee under this Agreement, law or equity, terminate this Agreement immediately by giving written notice to Licensee (“Licensor Termination Notice”) and/or accelerate the payment of all monies payable under this Agreement such that they are payable immediately and to retain such monies, it being acknowledged that Licensee’s material obligations hereunder include full, non-refundable payment of 100% of the license fees described in this Agreement regardless of any early termination of this Agreement. In the event of willful and/or repeated Events of Default by Licensee (including, without limitation, the willful and repeated failure to make timely payment of all sums due and payable to Licensor hereunder), Licensor may immediately terminate this Agreement by giving written notice to Licensee, without limitation of any and all other rights which Licensor may have against Licensee under law or equity, and without any further obligation to Licensee hereunder.
Licensee Default. In the event that Licensee is in default of any provision of this Agreement and has failed to cure such default within thirty (30) days of notice of said default, Licensor may terminate this Agreement upon written notice to Licensee effective immediately.
Licensee Default. (a) The occurrence of any of the following events, conditions or circumstances shall constitute a “Licensee Default” under this Agreement:
Licensee Default. Any one or more of the following events will constitute an event of default ("Event of Default") by Licensee under this License:
Licensee Default. If Licensee shall (a) fail, for ten {10) days or more after written notice by Licensor to Licensee certified mail, to make payment of License Fees, or any part thereof, or any other charges coming due hereunder; (b) fail to perform, for thirty (30) days after notice by Licensor to Licensee, any other term or condition of this Agreement provided such failure can be cured within such thirty (30) day period, and if not, if Licensee has not within such thirty (30) day period commenced a cure and diligently prosecuted same to conclusion within ninety (90) days of the foregoing notice, (c) be declared bankrupt or insolvent according to law, (d) make an assignment for the benefit of creditors, or (e) in the event of an appointment by any court of a receiver or other court officer of Licensee's property, cause such receivership to not be dismissed within thirty (30) days from such appointment ,then any of the foregoing shall be an event of default ("Event of Default") hereunder.
