Breach of Contract and Remedies. 10.01 Definition of Breach 10.02 Event of Default 10.03 Damages
Breach of Contract and Remedies. (a) If either party breaches any term or condition of this Contract, the non-breaching party may, at its sole option, provide the breaching party with a notice of the breach within sixty (60) days of discovery of the breach by the non-breaching party. Upon notice of breach, the breaching party shall have sixty (60) days to cure the breach. If the breaching party does not cure the breach within the sixty (60) days, the non-breaching party, below, shall have all rights at law and in equity including the right to enforce specific performance of this Contract by the breaching party, the right to perform the obligation in question and to seek restitution for all damages incurred in connection therewith.
Breach of Contract and Remedies. 6.1 After the execution of this Contract, the Transferor and the Transferee shall perform this Contract in strict compliance with the provisions hereunder. Any Party in breach of this Contract shall be held liable for such breach according to the provisions hereunder. In the event of losses caused to the non-breaching Party, the breaching Party shall indemnify the non-breaching Party for the losses and expenses.
Breach of Contract and Remedies. 7.2.1. The Program Manager shall comply with all terms and conditions set forth within this Agreement. In the event the Program Manager materially breaches this Agreement, the SBBC shall be entitled to all remedies available at law and/or in equity, including but not limited to, compensatory damages, consequential damages, special damages, delay damages, and attorney’s fees and cost.
Breach of Contract and Remedies. If either party breaches any term or condition of this Contract, the non-breaching party may, at its sole option, provide the breaching party with a notice of the breach within sixty (60) days of discovery of the breach by the non-breaching party. Upon notice of breach, the breaching party shall have sixty (60) days to cure the breach. If the breaching party does not cure the breach within the sixty (60) days, the non-breaching party, below, shall have all rights at law and in equity including the right to enforce specific performance of this Contract by the breaching party, and the right to perform the obligation in question and to seek restitution for all costs and damages incurred in connection therewith including court costs and any attorney fees or other professional fees. In the event of termination of this Contract by a non-breaching party, such action shall not affect any prior conveyance. The rights and remedies of the parties provided in this Contract shall not be exclusive and are in addition to any other rights and remedies provided by law and under this Contract.
Breach of Contract and Remedies. 6.1 Any one or more of the following circumstances shall constitute the Borrower’s event of default:
Breach of Contract and Remedies. 10.1 If any Party encounters any of the following circumstances, it shall be deemed to be such Party’s breach of contract:
Breach of Contract and Remedies. 7.1 Except for any breach of this Agreement and its remedies as specially stipulated herein or otherwise agreed upon by the Parties, if a Party (hereinafter referred to as “Breaching Party”) breaches this Agreement, the other Party (hereinafter referred to as “Observant Party”) shall have the right to take one or more of the following remedies to assert its rights:
Breach of Contract and Remedies. 8.1 Breach of Contract: any violation of the Contract by Party A or Party B shall be viewed as breach of the Contract. In the event that any party violates the Contract, the other party shall promptly require, in writing, the defaulting party to make corrections. In case the defaulting party corrects its behavior within 30 days, it shall be deemed as a correction. Should the acts of the defaulting party cause any substantial economic loss to the other party, the non-defaulting party shall be entitled to make a claim. Any substantial economic loss to the defaulting party due to its own reasons shall be borne by itself and the non-defaulting party shall have no liability therein. The defaulting party has the obligation to prevent further losses.
Breach of Contract and Remedies. 5.1. If any Party (“Breaching Party”) breaches this Agreement, it shall compensate all losses of the other Party (“Non-breaching Party”) actually suffered or foreseen (by the Non-breaching Party) at the time when the agreement was made. Where any Party breaches any provision hereof, in addition to any rights to which the Non-breaching Party is entitled hereunder, the Non-breaching Party further has the right to request the Breaching Party to specifically perform this Agreement or to compensate for the loss it suffered. The Breaching Party shall indemnify the Non-breaching Party and its successors and representatives (“Indemnified Party”) and hold the Indemnified Party harmless from any losses, debts, liabilities, deduction in value, costs (including investigation and defence costs, as well as reasonable costs of attorney and accountant), or other forms of damages, whether involving any third party claims or not, arising from (a) the Breaching Party’s breach of any representation or warranty hereof or its representation or warranty hereof is not true, or (b) the Breaching Party’s breach of or failure to fully perform any covenant, Agreement, warranty or obligation hereunder, except for those waived by the other Party in writing.
