Material Violations Clause Samples

The Material Violations clause defines what constitutes a significant breach of the agreement that could justify serious consequences, such as termination or legal action. In practice, this clause typically outlines specific actions or failures—like non-payment, unauthorized disclosure of confidential information, or repeated non-compliance—that are considered material rather than minor or technical breaches. Its core function is to distinguish between trivial and substantial violations, ensuring that only serious infractions trigger major remedies, thereby providing clarity and fairness in enforcing the contract.
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Material Violations. If the Local Union claims that a material violation of Section III is occurring with respect to the employees covered by this Agreement, then: (a) Such Local Union shall immediately notify the designated representative of Producer, the IATSE, the AMPTP and CSATF. (b) Such Local Union and such representative of the Producer shall immediately settle the dispute or determine whether or not there is a material violation of this Section. (c) In the event the Local Union and the Producer do not settle the dispute or make such a determination as above provided, then the IATSE, the AMPTP and CSATF must, within twenty-four (24) hours after receipt of such notice of the alleged material violation, determine whether or not there is such a material violation. Such a determination shall be final and binding upon the parties and the employees subject to this Agreement. If it is so determined that there is such a material violation, this thirty-mile studio zone provision: (1) with respect to television films, shall be suspended in respect to production of the television episode involved; and (2) with respect to a theatrical motion picture, shall be suspended in respect to production of the theatrical picture involved for a period of fifteen (15) calendar days following the determination that there is such a material violation. Provided, however, Producer shall not reschedule the shooting from the zone to the studio in order to avoid the application of this provision. (d) Alleged violations of this thirty-mile studio zone provision shall not be subject to the Grievance and Arbitration Procedure of Article 7.
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Material Violations. If the IATSE claims that a material violation of this provision is occurring with respect to the employees covered by this Agreement, then: (i) A representative of the IATSE shall immediately notify the designated representative of the Producer, the AMPTP and CSATF. (ii) Such representative of the IATSE and such representative of the Producer shall immediately settle the dispute or determine whether or not there is a material violation of this provision. (iii) In the event the representative of the IATSE and the Producer do not settle the dispute or make such a determination as above provided, then the IATSE, the AMPTP and CSATF must, within twenty-four (24) hours after receipt of such notice of the alleged violation, determine whether or not there is such a material violation. Such a determination shall be final and binding upon the parties and the employees subject to this Agreement. If it is so determined that there is such a material violation, this studio zone provision, with respect to the show involved, shall be suspended in respect to production of the show or episode involved. (iv) Alleged violations of this studio zone provision shall not be subject to the Grievance and Arbitration Procedure of Article 7.
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Material Violations. If the Village has reason to believe that the Company has committed a material violation of this Franchise Agreement, the Village may act to remedy the violation in accordance with the procedures set forth in this Article.
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Material Violations. Except as set forth on Schedule 3.13.2, there is no material violation or default by the Seller or, to the Seller’s knowledge, any other party, nor any condition which, with the passage of time or the giving of notice, would cause such a violation or default, under any contract listed in Schedule 3.13.1 to which the Seller is a party or by which the Assets are bound.
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Material Violations. If the County has reason to believe that the Company has committed a material violation of this Franchise Agreement, the County may act to remedy the violation in accordance with the procedures set forth below. A material violation shall include: 1. Construction or operation in the County or in the Public Ways of the County without a required permit, license or authorization. 2. Unauthorized Franchise transfer. 3. Failure to pay taxes, Franchise Fees, or other payments required under this Agreement when and as due the County. 4. Failure to deliver evidence of Company's insurance coverage as specified herein. 5. Failure to establish and maintain the security fund required pursuant to this Agreement. 6. Repeated failure to comply with the Customer Service Standards as required by this franchise agreement.
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Material Violations. When any event, act or omission on the part of the Grantee occurs which represents either a material violation hereunder or a violation of a material provision of this Franchise and the interests of the Authority or Subscribers are negatively affected, then such event, act or omission will be considered a breach of this Franchise. A material violation includes, but is not limited to, the following: 1. The Grantee has knowingly, or with the knowledge of an officer of Grantee, made a material, false statement as provided in Article II, Section 14(E) (False Entry); or Grantee’s failure to make the required payments or failure to file the required reports as provided under this Franchise; unless the Grantee is lawfully and actively contesting the legality or applicability of such payments or reports in a federal or State court of law located within the State; or 2. Effecting a Transfer without the prior written approval of the Authority and its designated agent pursuant to Article II, Section 11 (Transfer of Ownership or Control) of the Franchise, or failure to notify pursuant to Article II, Section 11(G)(2) (Intra-Company Transfers); or 3 In the FCC Third Report and Order, the FCC deferred the question of whether or not “channel capacity” costs should be excluded from the franchise fee cap as a capital cost under the exemption in 47 U.S.C. §542(g)(2)(C). See Paragraph 44 of the FCC Third Report and Order. 3. The Grantee knowingly and consistently violates any FCC Regulation, order, or ruling concerning technical or performance standards, or any other standards or requirements in the aforesaid FCC Regulation, order, or ruling, including, without limitation, FCC customer service obligations or standards; unless the Grantee is lawfully and actively contesting the legality or applicability of such regulation, order or ruling in in a federal or State court of law located within the State; or 4. The Grantee knowingly violates a material provision of this Franchise, or 5. Failure to restore service after one hundred twenty-six (126) hours of interrupted service, except when approval of such interruption is obtained from the Grantor, or its designated agent, or when the interruption occurs as a result of an event of force majeure as provided in Article II, Section 4 (Force Majeure) of this Franchise; or 6. Failure to provide, make available and maintain on a continuous basis (a) the Interconnection Line, (b) Upstream Transmissions from the Community Programming Cente...
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Material Violations. To the knowledge of FRS, the Trust Beneficiaries and the Seller Parties, there are no material violations of any orders of any Governmental Entity or court orders requiring repairs, alterations or correction of existing conditions on the Improvements; there are no material defects or deficiencies in any of the buildings, or any machinery, equipment, fixtures, systems, appliances or other Improvements, including, without limitation, any material leakage or seepage from roofs, walls, foundations or underground storage tanks; and all buildings, structures and other Improvements and all mechanical systems and fixtures including, without limitation, all water, sewer, plumbing, heating, cooling, air conditioning, sprinkling, gas, public sewer, communications and electrical systems and all other facilities of whatever nature are in good working order.
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Related to Material Violations

  • Repeat Violations ▇▇▇▇▇▇ agrees to comply with all regulatory requirements and acknowledges that repeat violations could result in increased penalties in the future.

  • Reporting Violations A. When the District receives a written report of unsafe condition which poses a serious and immediate threat to the health or safety of any unit member, the District shall investigate the allegations and take appropriate actions in a timely manner. B. The individual bargaining unit member forwarding a written report of an unsafe condition may request information relating to action(s) taken as a result of his or her report pursuant to the California Public Records Act.

  • No Defaults; Violations No material default exists in the due performance and observance of any term, covenant or condition of any material license, contract, indenture, mortgage, deed of trust, note, loan or credit agreement, or any other agreement or instrument evidencing an obligation for borrowed money, or any other material agreement or instrument to which the Company is a party or by which the Company may be bound or to which any of the properties or assets of the Company is subject. The Company is not in violation of any term or provision of its Charter or by-laws, or in violation of any franchise, license, permit, applicable law, rule, regulation, judgment or decree of any Governmental Entity.

  • WAGE VIOLATIONS Contractor represents and warrants as previously certified in Contractor’s Bidder’s Certification, that during the term of this Contract and the three (3) year period immediately preceding the award of the Contract, Contractor has not been determined, by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction, to be in willful violation of any provision of Washington state wage laws set forth in RCW 49.46, 49.48, or 49.52.

  • Non-Violation The execution and delivery of this Amendment and the performance and observance by it of the terms and provisions hereof (a) do not violate or contravene its Organization Documents or any applicable Laws or (b) conflict with or result in a breach or contravention of any provision of, or constitute a default under, any other agreement, instrument or document binding upon or enforceable against it.