Breached Party definition

Breached Party shall have the meaning set forth in Section 7.2.3(b).

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Breached Party has the meaning set forth in Section 8.1(v).

Breached Party has the meaning set forth in Section 10.2.3(a).

Examples of Breached Party in a sentence

All costs related to the Parties’ activities undertaken pursuant to this Section shall be borne by the Breached Party to the extent such Breached Party is in material breach of the Agreement or is grossly negligent where such breach or gross negligence causes the remediation costs.
In the event either Party has actual knowledge that its proprietary information technology services or programs have been breached or otherwise subject to unauthorized access (“Breached Party”), the Breached Party shall notify the other Party no later than (3) business days of confirming the occurrence of such breach.
The Breached Party shall be solely responsible to notify government authorities and individuals of any Data Breach experienced by it.
With respect to an Investment Opportunity (1) a hotel, motel or other mixed-use establishment of which more than one-half (1/2) of its dwelling units are used on a transient basis or (2) equity interests in an entity that derives at least 30% of its earnings before interest, taxes, depreciation and amortization (or "EBITDA") from owning, operating or managing facilities of the type described in clause (1) of this definition.
A Breached Party may delay providing the Security Incident Notice only to the extent Applicable Law or law enforcement expressly requires such delay, and in such case, the Breached Party will provide the Security Incident Notice to the non-Breached Party as soon as practicable.
The Breached Party further agrees to provide all reasonable assistance requested by the other party in the furtherance of any investigation, correction, and/or remediation of any such Breach, including, but not limited to, providing any notification that the other party may determine appropriate to send to individuals impacted or potentially impacted and/or providing any credit monitoring or identity protection services that the other party deems appropriate to provide.
The non-breached Party shall have the right to suspend sharing Program Information or Company Independent Information, as applicable, with the Breached Party if such Breached Party or its agent suffers a Security Incident until such time as the cause of the Security Incident (and risk of another Security Incident) have been addressed to the sharing Party’s reasonable satisfaction.
While coordinating closely with the non-Breached Party, it remains the responsibility of the Breached Party to provide an appropriate notice to the individuals that are or may be affected if the Breached Party is required by Applicable Law to provide such notice or the circumstances of the Breach lead the Breached Party to determine that such notice is required for business or reputational reasons.
If a Breached Party is cooperating with law enforcement in connection with a Security Incident, then the notice referred to in the first sentence of this Section 10.2.3(b) may be delayed if required by such law enforcement.
In such an event, the Breached Party will provide reasonable assistance and cooperation to the other Party in addressing the Breach.

More Definitions of Breached Party

Breached Party has the meaning set forth in Section 4.4(h).

Breached Party means the Party subject to a Data Security Breach; Business Day: any day (excluding Saturdays and Sundays) on which banks generally are open for business in London; Centre Address: the main premises from which you deliver or propose to deliver the Qualifications, as stated within the Centre Recognition Form; Centre Recognition Form: the form completed and signed by you (incorporating these Terms) and submitted to us in connection with your application for Centre Recognition or (where applicable) any other form issued by us and completed and signed by you for similar purposes, together with (as the context shall permit or require) any further or associated forms or documents submitted by you to us from time to time, including the Qualification Approval Forms (once finalised) where applicable; Centre Rules: the rules and requirements set out in Appendix 2 which you must comply with to deliver the Qualifications; Centre Services: the services which you provide to the Learners and (if and to the extent applicable) to any other third parties; Controls: where a person possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of the other person, whether through the ownership of voting shares, by contract or otherwise; Complaints Policy: the policy issued by us entitled “Complaints Policy and Procedure”, which details our complaints policy and procedures; Confidential Information: the provisions of the Agreement, all guidance or information issued or provided by us (including the Policies, the Relevant Regulations and the Qualification Specifications), all technical or commercial know-how, processes or initiatives which are of a confidential nature, details of our employees, agents, consultants or sub- contractors, the Shared Personal Data, and any other information of a confidential nature concerning our business or our services or products;