Common use of Non-Material Breach Clause in Contracts

Non-Material Breach. Remedies for breaches of this Agreement or any of the Collateral Agreements that are not Material Breaches as defined in Section 12.2 or 12.3 shall be governed by this Section 12.1. If either party gives notice to the other of a breach that is governed by this Section 12.1, the breaching party must either (i) remedy the breach within 15 days of receiving notice, (ii) if the breach cannot be remedied in 15 days, formulate a reasonable plan to remedy the breach as promptly as practicable and deliver a copy of such plan to the other party within 15 days (a "Remedial Plan") and commence implementation of the Remedial Plan as promptly as reasonably possible or (iii) dispute the occurrence of a breach in accordance with Sections 12.6 and 12.7 and prevail in the assertion that no breach has occurred. If the party receiving a Remedial Plan believes that the length of time provided for remedy of the relevant breach is unreasonably long, such party may request that a reasonable time to effect such remediation be determined in accordance with Sections 12.6 and 12.