Notice of Alleged Breach. Artist and Equity In the event of a difference of opinion relating to the interpretation, or application, or an alleged violation of this Agreement or an Artist’s Engagement Contract, then the parties shall first attempt to resolve the matter through informal discussion with the Engager’s company manager or designated representative. The Artist or Equity must refer the matter to the company manager or designated representative not later than fourteen (14) calendar days from the date the Artist or Equity became aware of the alleged breach or should have become aware of the alleged breach. Should the matter not be resolved, Equity may invoke the formal resolution process through the filing of a dispute notice provided that the notice has been filed not later than twenty-eight (28) calendar days after the Artist became aware of the alleged breach or should have become aware of the alleged breach.
Notice of Alleged Breach. STATUTORY PREREQUISITES - As a condition precedent to filing suit for alleged damages incurred by an alleged breach of an express or implied provision of this agreement, Seller or his legal representative, shall give the City Manager, or any other reasonable official of the Buyer, notice in writing (consisting of one original and seven copies of notice attached to a copy of this agreement) of such damages, duly verified, within one-hundred-twenty (120) days after the same has been sustained. The discovery rule does not apply to the giving of this notice. The notice shall include when, where and how the damages occurred, the apparent extent thereof, the amount of damages sustained, the amount for which the Seller will settle, the physical and mailing addresses of Seller at the time and date the claim was presented and the physical and mailing addresses of Seller for the six months immediately preceding the occurrence of such damages, and the names and addresses of the witnesses upon whom the Seller relies to establish its claim; and a failure to so notify the City Manager within the time and manner provided herein shall exonerate, excuse and except the Buyer from any liability whatsoever. The Buyer is under no obligation to provide notice to Seller that Seller’s notice is insufficient. Buyer reserves the right to request reasonable additional information regarding the claim. Said additional information shall be supplied within thirty (30) days after receipt of notice. The statutory prerequisites outlined herein constitute jurisdictional requirements pursuant to Section 271.154 of the Texas Local Government Code and Section 311.034 of the Texas Government Code. Notwithstanding any other provision, Seller’s failure to comply with the requirements herein shall perpetually bar Seller’s claim for damages under Chapter 271 of the Texas Local Government Code, and Section 311.034 of the Texas Government Code, regardless if Buyer has actual or constructive notice or knowledge of said claim or alleged damages. Seller agrees that the requirements of this entire agreement are reasonable.
Notice of Alleged Breach. As a condition precedent to filing suit for alleged damages incurred by an alleged breach of an express or implied provision of this Sublease, Lessee or its legal representative, shall give the Chairman of the MDC, or any other reasonable official of MDC, notice in writing of such damages, duly verified, within one hundred and twenty (120) days after the same has been sustained. The discovery rule does not apply to the giving of this notice. The notice shall include when, where and how the damages occurred, the apparent extent thereof, the amount of damages sustained, the amount for which Lessee will settle, the physical and mailing addresses of Lessee at the time and date the claim was presented and the physical and mailing addresses of Lessee for the six months immediately preceding the occurrence of such damages, and the names and addresses of the witnesses upon whom the Lessee relies to establish its claim; and a failure to so notify MDC within the time and manner provided herein shall exonerate, excuse and except MDC from any liability whatsoever. MDC is under no obligation to provide notice to Lessee that Lessee’s notice is insufficient MDC reserves the right to request reasonable additional information regarding the claim. Said additional information shall be supplied within thirty (30) days after receipt of notice. The statutory prerequisites outlined herein constitute jurisdictional requirements pursuant to Section 271.154 of the Texas Local Government Code and Section 311.034 of the Texas Government Code. Notwithstanding any other provision, Lessee’s failure to comply with the requirements herein shall perpetually bar Lessee’s claim for damages under Chapter 271 of the Texas Local Government Code, and Section 311.034 of the Texas Government Code, regardless if MDC has actual or constructive notice or knowledge of said claim or alleged damages. Lessee agrees that the requirements of this entire agreement are reasonable.
Notice of Alleged Breach. In the event that either Party asserts any basis other than Force Majeure for failing to perform its duties under this Agreement (including, without limitation, any interruption of water supply or water treatment Services) or for terminating this Agreement, the Party claiming such alleged breach shall immediately notify the other Party in writing and in compliance with the requirements of Section 27.127.1 of the full details and scope of any alleged breach or other ground that the Party believes provides the contractual or legal basis to interrupt or terminate this Agreement. This notice shall provide the other Party maximum reasonable opportunity, but in any event not less than ninety (90) days, to cure conditions which might allow such interruption or termination.
