Common use of Non-Material Breach Clause in Contracts

Non-Material Breach. Prior to bringing a Third Party Beneficiary Claim for any other breach, Third Party Beneficiary must send a notice of breach to CI Plus TA specifying the action in breach by a Licensee. If the identity of the Licensee is not known by Third Party Beneficiary, CI Plus TA shall assist Third Party Beneficiary in indentifying such Licensee. Once identified, Third Party Beneficiary shall also send a notice of breach to the Licensee. Licensee shall have five (5) calendar days to acknowledge receipt of the notice of breach and an opportunity to cure such breach pursuant to subsection (i)(a) above. If Licensee fails to acknowledge receipt of the notice of breach within five (5) calendar days or fails to cure such breach within thirty (30) days after receipt of the notice of breach, Third Party Beneficiary may file a Third Party Beneficiary Claim against Licensee for damages. with a copy to CI Plus TA, which shall trigger the cure period of thirty (30) calendar days, or longer period as determined by Third Party Beneficiary, from the day Licensee received such notice, or (ii) in situations where the Licensee has engaged in a pattern of behaviour involving Material Breach, send notice to CI Plus TA that Third Party Beneficiary is bringing such Third Party Beneficiary Claim. CI Plus TA shall consult with Licensee on such notice, and if such Third Party Beneficiary Claim cannot be brought according to this Agreement, will notify Third Party Beneficiary. In the event a breach (including a Material Breach) occurs of which Third Party Beneficiaries are not aware, CI Plus TA, if aware of such breach, shall inform Third Party Beneficiaries of such breach within two (2) calendar days of discovering the breach.

Non-Material Breach. Prior to bringing a Third Party Beneficiary Claim for any other breach, Third Party Beneficiary must send a notice of breach to CI Plus TA specifying the action in breach by a Licensee. If the identity of the Licensee is not known by Third Party Beneficiary, CI Plus TA shall assist Third Party Beneficiary in indentifying such Licensee. Once identified, Third Party Beneficiary shall also send a notice of breach to the Licensee. Licensee shall have five (5) calendar days to acknowledge receipt of the notice of breach and an opportunity to cure such breach pursuant to subsection (i)(a) above. If Licensee fails to acknowledge receipt of the notice of breach within five (5) calendar days or fails to cure such breach within thirty (30) days after receipt of the notice of breach, Third Party Beneficiary may file a Third Party Beneficiary Claim against Licensee for damages. If it is not the first time a Licensee has committed a Non-Material Breach, Third Party Beneficiary has the option of combining a set of related Non-Material Breaches by the Licensee that together become Material into a single Third Party Beneficiary claim against Licensee for Material Breach. with a copy to CI Plus TA, which shall trigger the cure period of thirty (30) calendar days, or longer period as determined by Third Party Beneficiary, from the day Licensee received such notice, or (ii) in situations where the Licensee has engaged in a pattern of behaviour involving Material Breach, send notice to CI Plus TA that Third Party Beneficiary is bringing such Third Party Beneficiary Claim. CI Plus TA shall consult with Licensee on such notice, and if such Third Party Beneficiary Claim cannot be brought according to this Agreement, will notify Third Party Beneficiary. In the event a breach (including a Material Breach) occurs of which Third Party Beneficiaries are not aware, CI Plus TA, if aware of such breach, shall inform Third Party Beneficiaries of such breach within two (2) calendar days of discovering the breach.