Common use of By FiveCom Clause in Contracts

By FiveCom. A breach by FiveCom of any of its representations, covenants or obligations under this Agreement which is not cured as provided herein shall constitute a "Default" by FiveCom. FiveCom shall not be in Default under this Agreement, or in breach of any provision hereof unless and until XXXX Com shall have given FiveCom written notice of such breach and FiveCom shall have failed to cure the same within [**] after receipt of such notice; provided, however, that the foregoing notice and cure requirement shall not apply to FiveCom's obligation to make payments in a timely manner as provided under Sections 8.2(e) and 8.4 hereof or where Section 17.1 provides for an alternate notice and cure requirement. Where any such breach, other than a breach of Sections 8.2(e) and 8.4, cannot reasonably be cured within such [**] period, if FiveCom shall proceed promptly to cure the same and prosecute such curing with due diligence, the time for curing such breach shall be extended for such period of time as may be necessary to complete such curing. Upon the failure by FiveCom to timely cure any such breach after notice thereof from XXXX Com, XXXX Com shall have the right, in its sole discretion, to take such action, consistent with Section 17.1, as it may determine, to be necessary to cure the breach or to terminate this Agreement upon written notice to FiveCom. Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions.

By FiveCom. A breach by FiveCom of any of its representations, covenants or obligations under this Agreement which is not cured as provided herein shall constitute a "Default" Default by FiveCom. FiveCom shall not be in Default under this Agreement, or in breach of any provision hereof unless and until XXXX Com BecoCom shall have given FiveCom written notice of such breach and FiveCom shall have failed to cure the same within [**] after receipt of such notice; provided, however, that the foregoing notice and cure requirement shall not apply to FiveCom's obligation to make payments in a timely manner as provided under Sections 8.2(e) and 8.4 hereof or where Section 17.1 provides for an alternate notice and cure requirementhereof. Where any such breach, other than a breach of Sections Section 8.2(e) and 8.4, cannot reasonably be cured within such [**] period], if FiveCom shall proceed promptly to cure the same and prosecute such curing with due diligence, the time for curing such breach shall be extended for such period of time as may be necessary to complete such curing. Upon the failure by FiveCom to timely cure any such breach after notice thereof from XXXX ComBecoCom, XXXX Com BecoCom shall have the right, in its sole discretion, to take such action, consistent with Section 17.1, action as it may determine, determine to be necessary to cure the breach breach, or to terminate this Agreement upon written notice to FiveCom. Confidential Materials omitted The Parties intend that the notice and filed separately with cure provisions of this Section 21.1 apply only to the Securities extent specific notice and Exchange Commission. Asterisks denote omissionscure provisions are not provided elsewhere in this Agreement.