Breach by You. If you are in material violation of any provision of this contract, except as described below, we will notify you and require you to remedy the breach as soon as is reasonably possible. If you do not remedy the breach, we may cancel the contract for cause, as described below. If you are in material violation of this contract in any of the following ways, we may, at our option, cancel the contract for cause without giving you the opportunity to remedy the breach: ● Non-payment of rental fees or any other amounts owed when due, or once installation has begun, whichever comes first ● Failure to provide a Portland Business License upon request once installation has begun ● Failure to finish setup by the required date and time ● Violation of the “No Subletting” section ● Violation of the “Food and Beverage” section ● Violation of the “Trademarks” section ● Violation of the “Bootlegs” section ● Violation of the “Adult Material” section ● Violation of the “Weapons and Weapon Replicas” section (excluding the last two paragraphs about notification to attendees about Convention Code of Conduct or peace-bonding) ● Violation of the “Table Inspection” section ● Violation of the paragraph of the “Grab Bags” section forbidding certain items ● Any display, distribution, or sale of illegal items ● Repeat of any violation after we have notified you, whether or not you previously remedied it ● Any violation, which, by its nature, does not allow for quick remedy ● Any action which causes substantial disruption or threatens the safety of any person within Artist Alley or Event, in our discretion Although this contract does not create any obligation for us to renew or offer you a similar Artist Alley contract for future events, you should be aware that we may consider breaches of this contract, even if remedied, in deciding whether to invite you back. We may effectively “ban” you, at our sole discretion, from future events, particularly, without limitation, for violations of the “Bootlegs”, “Adult Material”, “Weapons and Weapon Replicas”, and “Table Inspection” sections. Cancellation by Us. We may cancel the contract for cause, as described in the “Breach by You” section. If we do so, no refund of the rental fee will be due, and you won’t be released from any liability. If the Event is in progress, we will require you to immediately remove your exhibits and all other property, and vacate the Convention Facilities. If you do not or cannot, we may take possession of your property...
Breach by You a. If you fail to cure any breach of this Standard License Agreement within five (10) business days of Producer providing you with written notice of a breach, Producer will have the right to immediately terminate this Standard License Agreement, and if Producer notifies you of such termination, you will have no further right to use the Beat in the New Composition, New Recording, and/or Video (and you must immediately cause them to be no longer available to the public).
Breach by You. If any Enforcement Event occurs, then:
Breach by You. If you are in material violation of any provision of this contract, except as described below, we will notify you and require you to remedy the breach as soon as is reasonably possible. If you do not remedy the breach, we may cancel the contract for cause, as described below. If you are in material violation of this contract in any of the following ways, we may, at our option, cancel the contract for cause without giving you the opportunity to remedy the breach: ● Non-payment of rental fees or any other amounts owed when due, or once installation has begun, whichever comes first ● Failure to provide proof of insurance upon request once installation has begun ● Failure to provide a Portland Business License upon request once installation has begun ● Failure to finish setup by the required date and time ● Violation of the “No Subletting” section ● Violation of the “Food and Beverage” section ● Violation of the “Bootlegs” section ● Violation of the “Fan Art” section ● Violation of the “Adult Material” section
Breach by You. You acknowledge and agree that if you breach any of your promises in this Agreement, for example, by filing or prosecuting a lawsuit or charge based on claims that you have released, such conduct would cause great damage and injury to the Company and that such provisions provide a material element of the Company's consideration for and inducement to enter into this Agreement. Accordingly, it is expressly understood and agreed that if there is a breach by you (1) the Company may cease providing any payments and benefits not already provided hereunder; and (2) you must immediately repay to the Company the value of all payments and benefits previously received by you under this Agreement as liquidated damages, it being agreed that the Company's monetary damages in the event of such breach would be difficult to calculate and that this amount represents a fair approximation of such damages. You further agree that the Company may, in addition to these liquidated damages and in addition to pursuing any other remedies that it may have in law or in equity, obtain an injunction against you from any court having jurisdiction over this matter, restraining any further violations of this Agreement.
Breach by You. You will be in breach of this Agreement if any of the following occurs:
Breach by You a. If you fail to pay the Price in full (or if we agree with you payment by set instalments and you fail to pay any one or more instalment) in accordance with clause 3.1 above, or if prior to you paying the Price in full you fail to comply with the obligations set out in clauses 6 and 7 above, or otherwise do or fail to do anything which may in any way imperil our ownership of the Work or the Work itself, we are entitled (without prejudice to our other rights and remedies at law) to either:
Breach by You. Upon any breach of this Agreement by you, Teralytic may terminate your use of the Teralytic Web Services, your account, and access to Teralytic servers (without refund of any Subscription Fee) and Teralytic may obtain damages caused by your breach. Your breach shall further constitute a permanent non-exclusive license of your Data to Teralytic for any use Teralytic determines is appropriate. Teralytic shall be entitled to any attorneys’ fees incurred enforcing this Agreement. Teralytic may also seek injunctive relief to prevent you from misappropriating the Software, Web Services, Intellectual Property, or other aspects of the Device.
Breach by You. You hereby acknowledge and agree that damages for a breach or threatened breach of any of the covenants set forth in Section 5, 6, or 9 will be difficult to determine and will not afford a full and adequate remedy, and therefore you agree that the Company, in addition to seeking actual damages in connection therewith, may seek specific enforcement of any such covenant in any court of competent jurisdiction, including, without limitation, by the issuance of a temporary or permanent injunction. In addition, if you breach in any respect the provisions of Section 5, 6, or 9 then, in addition to any other remedies the Company may have at law or in equity, you shall immediately forfeit any and all rights to future payments under Section 3 above. Notwithstanding anything in this Section 7(a) to the contrary, if you violate any of the covenants in Sections 5, 6, or 9 hereof, then the Company shall first promptly notify you of such violation in accordance with the requirements of Section 15 of this Resignation Agreement before terminating any of its obligations to you under Section 3, and, for those violations that are susceptible to cure, you shall remedy your non-compliant actions or inactions, promptly but no later than 10 days from the date of such notice (the "Cure Period"). In the event you do not effectuate such cure during the Cure Period, then the Company shall be immediately thereafter permitted to enforce all of its rights and remedies, including, without limitation, the termination of its obligations under Section 3.
Breach by You. You acknowledge and agree that, if you breach any of your promises in this Agreement contained in Sections 4, 5, 6, 7 or 8, such conduct would cause great damage and injury to the Company and that such provisions provide a material element of the Company’s consideration for and inducement to enter into this Agreement. You agree that the Company will be entitled to, in the event of any such breach, in addition to pursuing any other remedies that it may have in law or in equity, obtain an injunction against you from any court having jurisdiction over this matter, restraining any further violations of this Agreement.
