Default and Breach. If either Party defaults in the payment of any amount due hereunder, or if either Party violates any other material provision of this Agreement and such default or violation continues for thirty (30) Days after written notice thereof, the other Party may terminate this Agreement and seek relief in accordance with any remedy available under this Agreement, including without limitation, the Dispute Resolution provisions of Section 25 herein and, in addition to the foregoing, Qwest may cease to accept orders from CLEC for Services in accordance with Section 8.2 above. The remedies available to each Party pursuant to this Agreement are not to be considered exclusive of one another and will be cumulative.
Default and Breach. If either Party defaults in the payment of any amount due hereunder, or if either Party violates any other material provision of this Agreement and such default or violation continues for thirty (30) Days after written notice thereof, the other Party may terminate this Agreement and seek relief in accordance with the Dispute Resolution provision, or any remedy under this Agreement.
Default and Breach. (a) In the event the Real Property Seller defaults in the performance of any of its obligations under this Agreement and shall not have cured such default within thirty (30) days after notice of such default from Purchaser, then the Purchaser may either (i) terminate this Agreement and receive a return of the Escrow Money, in which case neither party shall have any obligations under this Agreement (except for the Purchaser’s indemnification obligations under Section 5 and the parties’ obligations under Section 11(a), which shall survive any such termination) or (ii) pursue and obtain specific performance of such obligations under this Agreement.
Default and Breach. It is a breach of this Agreement if a party fails to perform any obligation hereunder, and then fails to cure such default within the applicable cure period noted below, if any:
Default and Breach. 6.1 Both Parties agree and acknowledge that if Party B (the “Defaulting Party”) materially breaches any of the covenants made under the Agreement or materially fails to perform any of its obligations under the Agreement, it shall constitute a default under the Agreement (a “Default”). Party A shall have the right to require the Defaulting Party to make supplements and corrections or take remedial measures within a reasonable period. If the Defaulting Party fails to make supplements and corrections or take remedial measures within a reasonable period or within fifteen (15) days after Party A has notified the Defaulting Party in writing of the request for corrections, Party A shall have the right, at its sole discretion, to (1) terminate the Agreement and demand full damages from the Defaulting Party; or (2) require mandatory performance of the Defaulting Party’s obligations under the Agreement and demand full damages from the Defaulting Party, which shall be the range of all actual economic losses caused to Party A by the breach, including but not limited to attorneys’ fees, litigation or arbitration costs incurred in connection with litigation or arbitration proceedings relating to such breach. This Article is without prejudice to any other rights of Party A under the Agreement.
Default and Breach. 2.01 The following shall constitute Events of Default hereunder.
Default and Breach. In the event Subcontractor shall for any reason neglect, fail or refuse to fully and truly keep or perform any promise, condition, term, or covenant of this Agreement, or its separate Construction Subcontract or if Subcontractor shall fail to keep a reasonable number of employees working at all times on said work, or for any reason shall neglect, fail or refuse to comply with any instructions by Contractor, then Subcontractor shall be in default and breach hereunder and S A M P L E Contractor may, without prejudice and in addition to any other right or remedy in this subcontract or any accompanying Construction Subcontract operation of law, specify said default and breach by written notice to Subcontractor. If Subcontractor thereupon fails to remedy said default and breach within 72 hours from the time of dispatch of said notice, Contractor may without further notice engage other help or Subcontractor to complete the work agreed to be done by Subcontractor and the amount paid to such other help or subcontractor shall be deducted from the amounts payable to Subcontractor hereunder and in any accompanying Construction Subcontract. Should said amount exceed the balance due Subcontractor, then such excess shall be immediately due and payable by Subcontractor to Contractor. In the event of such default as aforesaid, the payment schedule heretofore specified shall be of no force and effect and no monies whatever shall be due to Subcontractor until the whole of the work agreed to be performed hereunder has been completed to Contractor's approval and any other breach or default by Subcontractor has been cured to Contractor's satisfaction. For the purpose of completing said work by other help or subcontractors, Contractor is hereby authorized to take possession of and use all materials, appliances, tools and equipment on the site as well as all materials in course of preparation, wherever located.
Default and Breach. 15.1. You will be in default of your Merchant Agreement if any of the below events take place :
Default and Breach. 1. Failure or delay by either Party to perform any material term or provision of this Agreement or of the Predevelopment Loan Agreement shall constitute a “default” under this Agreement. If the Party who is claimed to be in default by the other Party commences to cure, correct or remedy the default within fifteen (15) calendar days after receipt of written notice specifying such default and diligently completes such cure, correction or remedy within thirty (30) calendar days after the expiration of the fifteen (15) day period (for a total of forty-five (45) calendar days to cure the default), such Party shall not be in default under this Agreement. In no event shall any time to cure, correct or remedy a default extend the Negotiation Period.
Default and Breach. (i) The registered proprietor grants to the Developer the right to remedy any breaches of these covenants and authorises the Developer to enter onto the land.
