Material Breach of Agreement. Applicant shall be in Material Breach of this Agreement if it commits one or more of the following acts or omissions:
Material Breach of Agreement. It is the intention of the parties to this Agreement that the Property be developed in accordance with the terms of this Agreement.
Material Breach of Agreement. It is the intention of the parties to this Agreement that the Tract be developed in accordance with the terms of this Agreement and that Developer follow the development plans as set out in the Development Plan.
Material Breach of Agreement. In the event of a material breach or material default in the performance of any covenant or obligation of the Village or Contractor under this Agreement, which has not been remedied within thirty (30) days after receipt of written notice from the non- breaching party specifying such breach or default (or such longer period of time as is reasonably necessary to cure any such breach or default which is not capable of being cured within thirty (30) days, provided the breaching party has undertaken to cure within such thirty (30) days and proceeds diligently thereafter to cure in an expeditious manner), the non-breaching party may, if such breach or default is continuing, terminate this Agreement upon written notice to the other party. In the event of a breach, event of default, or termination of this Agreement, each party shall have available all remedies in equity or at law.
Material Breach of Agreement. In addition to the rights provided in Section 20 below, if Executive commits a material breach of this Agreement, which shall include, without limitation, any breach of Sections 7, 8, 9, 10 and 11 of this Agreement and any breach of the Confidentiality Agreement, the Company shall be entitled to immediately recover and/or cease providing the payments and consideration provided to Executive under this Agreement (including, for the avoidance of doubt, canceling any equity awards Executive holds) and to obtain damages, except as provided by law.
Material Breach of Agreement upon written notice to the other party, in the event of a Material Breach by such other party, which is not cured within sixty (60) days after written notice by the party to the other party, provided, however, that if, during such sixty (60)-day period, the other party commences a dispute resolution process pursuant to Section 5.3 with respect to the party’s notice of breach (or the breach is otherwise subject to a dispute resolution process thereunder), such termination shall not become effective until the later of (i) one hundred twenty (120) days after the commencement of such dispute resolution process or (ii) the end of any extension period beyond such one hundred twenty (120)-day period to which the party has expressly agreed in a writing that refers to Section 5.3 and this Section 6.4(e). Notwithstanding the foregoing, the parties acknowledge that, from time to time, there may be de minimus breaches of quality control requirements of this Agreement by Licensee but that, for so long as Licensee is diligently curing such breaches, such breaches shall be disregarded in determining whether Licensee is in Material Breach (although Licensor may commence the dispute resolution processes of Section 5.3 if it views such breaches as significant in the aggregate). Notwithstanding the foregoing, the parties further acknowledge that a Material Breach will only give rise to Licensor’s right to terminate this Agreement if (a) the Material Breach affects more than one Licensed Product in more than one country; or (b) Licensor previously has exercised its right to suspend the license as to a particular Licensed Product due to a failure by Licensee to cure a Material Breach within the initial sixty (60) day cure period specified in Section 6.2.
Material Breach of Agreement. Either party may terminate this Agreement at any time in the event of a material breach of the terms hereof by the other party, if such breaching party fails to cure such breach within days of receipt of written notice thereof.
Material Breach of Agreement. A material breach by Executive of this Agreement if such breach is not remedied or is not being remedied to the Board or the Bank Board's satisfaction within 30 days after written notice including a detailed description of the breach has been delivered by the respective board to Executive;
Material Breach of Agreement. In the event of any material breach of this Agreement, the aggrieved party shall promptly provide written notice of the specific material breach, and, except as set forth in paragraph 6.2, the party 8 FINAL December 21, 2000 committing such breach shall have sixty (60) days after its receipt of the written notice of the specific material breach to effect a cure thereof. If such a material breach is not cured within such sixty (60) day period, the aggrieved party shall have the right to terminate this Agreement by written notice of termination, provided, however, if such material breach is of a nature that it is unable to be cured within such sixty (60) day period despite the good faith efforts of the party receiving the notice, then the aggrieved party may not terminate this Agreement so long as the other party is diligently procuring such cure and, in fact, subsequently effects such cure within a reasonable period of time. A material breach of this Agreement is not subject to the dispute resolution provision in paragraph 21.
Material Breach of Agreement. The Parties agree and acknowledge that upon material breach by Xx. Xxxxx of this Agreement, including the covenants contained in Section 4 above, the Company would sustain irreparable harm, and, therefore, Xx. Xxxxx acknowledges and agrees that in addition to any other remedies that the Company may have under this Agreement or otherwise, the Company will be entitled to obtain equitable relief, including specific performance and injunctive relief, restraining him from committing or continuing any such material breach or directing him to perform his obligations pursuant to this Agreement. In addition to any equitable relief to which the Company may be entitled, Xx. Xxxxx acknowledges and agrees that any such material breach by him will terminate any and all obligations that the Company would otherwise have to provide any further benefits under this Agreement, effective upon the date on which Xx. Xxxxx first takes an action constituting a material breach of this Agreement, and further that the Company will be entitled to recover the full amount of any payments under this Agreement made to him after the date of such material breach, plus costs including attorneys fees incurred in connection with instituting any actions to enforce this Section 7.
