NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither Party will be deemed to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other Party. The Party charged with breach will have fifteen (15) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the Party received notice of breach, the non-breaching Party may terminate this Agreement.
NOTICE OF BREACH AND OPPORTUNITY TO CURE. No breach of this Agreement, including without limitation a breach of warranty hereunder, shall be actionable by either Party unless such Party has, as an express condition precedent to commencing such an action or proceeding, provided written notice to the Party in breach specifying the breach in reasonable detail and providing the Party in breach an amount of time to cure such breach as provided in the Termination for Cause clause below, and the Party in breach fails to cure the breach within such notice period.
NOTICE OF BREACH AND OPPORTUNITY TO CURE. FIRM’s failure to achieve a timeline contained in the Time Schedule of any Task Order will be grounds for declaring FIRM in breach of this Agreement. Moreover, the failure of FIRM to meet the City’s milestones (which are set at City’s own and sole discretion) contained in the Time Schedule may result in the withholding of payment for such tasks or subtasks until such time as the tasks or subtasks have been completed. Neither Party will be deemed to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other Party. The Party charged with breach will have fifteen (15) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the Party received notice of breach, the non-breaching Party may terminate this Agreement.
NOTICE OF BREACH AND OPPORTUNITY TO CURE. If Buyer or Seller develops information prior to Closing that leads either Party to believe that the other Party has breached a representation or warranty under this Agreement, the non-breaching Party shall inform the alleged breaching Party in writing of such potential breach as soon as possible, but in any event, at or prior to Closing. The alleged breaching Party shall then have two (2) business days to cure. Notwithstanding the foregoing, this Section 8.3(b) shall not apply to a breach of the Parties’ obligations at Closing and shall not operate to delay Closing.
NOTICE OF BREACH AND OPPORTUNITY TO CURE. In the event of a breach of this Agreement by ISC, Looney shall give notice of such breach to ISC by sending notice by e-mail and overnight courier to ISC and its counsel. The notice shall be deemed effective upon delivery of the notice by the overnight courier or receipt of the e-mail, whichever is the first to occur. After notice has been received by overnight courier and e-mail, ISC shall have thirty (30) days to cure such breach.
NOTICE OF BREACH AND OPPORTUNITY TO CURE. If any party in good faith concludes that another party has committed a breach of this Agreement, the party so concluding shall notify the offending party in writing that it is in breach hereof. Any party receiving notice under this Section 10 shall have thirty (30) calendar days to cure its breach, if any, and to notify the party sending such notice that such breach has been cured. Following the applicable cure period, if the notifying party rejects the cure or otherwise maintains that an uncured breach of this Agreement exists, the disputed matter shall be thereupon subject to arbitration in accordance with the terms and conditions of this Section 13.
NOTICE OF BREACH AND OPPORTUNITY TO CURE. In the event Electromed believes that Bxxxxxx has breached any of the terms or conditions of this Agreement, Electromed shall give Bxxxxxx prompt written notice thereof, and Bxxxxxx shall thereafter have ten (10) days to cure said breach and avoid any default under this Agreement.
NOTICE OF BREACH AND OPPORTUNITY TO CURE. If Purchaser or Parent reasonably determines that any representation, warranty, covenant or obligation of the Company, the Partnership or the Partners has been or will be breached, Purchaser and Parent shall (a) give the Agent specified in Section 9.1 written notice of breach; (b) request from the Company or the Partnership remedial action to cure such breach; and (c) use commercially reasonable efforts to assist the Company or the Partnership, at their sole expense, to cure any such breach, provided that the failure to do so shall not limit Company's or the Partners obligation under Section 8.3.
NOTICE OF BREACH AND OPPORTUNITY TO CURE. Upon learning of a breach, the non-breaching Party shall notify the breaching Party in accordance with Section 6.3
NOTICE OF BREACH AND OPPORTUNITY TO CURE. If the Director determines that the Owner has breached this Agreement, the Director shall give written Notice of Breach to Owner by registered or certified mail which specifically identifies the breach and the proposed action which the County recommends to Owner to cure said breach. Owner shall have sixty (60) days following the issuance of the Notice of Breach within which to cure such breach to the reasonable satisfaction of the Director. In the event Owner cures the breach identified in the Notice of Breach to the reasonable satisfaction of the Director within the sixty (60) day cure period, the Director shall withdraw the Notice of Breach in writing, and shall provide Owner with a copy of such written withdrawal.
