Payment Breach definition
Examples of Payment Breach in a sentence
In the event the AOLB Parties terminate -------- the Agreement pursuant to this Section 11.2 for a Material Payment Breach, in addition to any amounts due, or for which the payment obligation has accrued prior to such Termination Date, as the AOLB Parties sole and exclusive remedy for such Material Payment Breach, the Type I Acceleration Payment shall become immediately due and payable upon the Termination Date.
In the event of a Payment Breach, the provisions of Section 4.4 below shall cease to apply to this Agreement and MagneGas’s sole obligation will be to complete performance hereunder upon receipt of the delinquent Progress Payment without effect on MagneGas’s rights to exercise any remedies under Article 7 below.
Upon receipt of a Notice of Breach, the recipient shall have (i) ten days to cure such material breach if such material breach relates to the failure to pay amounts due to the non-breaching party pursuant to this Agreement (a “Payment Default”); or (ii) thirty days to cure such material breach if such material breach relates to any material breach of this Agreement other than a Payment Breach.
In respect of any breach other than a Payment Breach, any right to terminate under this Section 9.2(a) shall be stayed and the cure period tolled in the event that, during any cure period, the Party alleged to have been in material breach shall have initiated and be diligently pursuing dispute resolution in accordance with Article 11 with respect to the alleged breach, which stay and tolling shall continue until such dispute has been resolved in accordance with Article 11.
No such payments by the Buyer are deemed an agreement to make similar payments in the future or the Buyer’s waiver of any Payment Breach.