Examples of Alleging Party in a sentence
If, after the date of this Settlement, either IPG or JDSU (the "Alleging Party") believes it has a claim (a "New Dispute") against the other, the Alleging Party shall give notice to the other party of the New Dispute, setting forth, in reasonable detail, the nature and basis for the New Dispute.
If the Alleged Party timely submits a CRE Cure Plan in accordance with the foregoing clause (b), then within [*] thereafter the Alleging Party, having considered the CRE Cure Plan in good faith, will respond in writing to the Alleged Party either accepting such CRE Cure Plan, proposing to modify such CRE Cure Plan (in which case the proposed modifications will be specified in reasonable detail), or rejecting such CRE Cure Plan.
In the event such breach is not cured within such ninety (90) or one hundred fifty (150) day period, as applicable, this Agreement or portion thereof, as applicable, may be terminated immediately by the Alleging Party.
If the Alleging Party timely responds and proposes to modify the CRE Cure Plan, then the Parties will discuss in good faith the proposed modification for a period of [*], and if the Parties agree upon a modified CRE Cure Plan during such [*] period, then such modified CRE Cure Plan will constitute an “accepted” CRE Cure Plan hereunder and the provisions in the immediately preceding sentence with respect to an accepted CRE Cure Plan will apply.
If a Party (the “Alleging Party”) believes in good faith that the other Party (the “Alleged Party”) has not used Commercially Reasonable Efforts as required under this Agreement (a “CRE Default”), then the Alleging Party may deliver notice to the Alleged Party describing in reasonable detail the alleged CRE Default in question, including the specific alleged failure(s) of the Alleged Party to use such Commercially Reasonable Efforts (a “CRE Default Notification”).
In the event that one Party (the “ Alleging Party”) believes that the other Party (the “Alleged Party”) has committed a material breach, the Alleging Party shall provide written notice (“Breach Notice”) to the Alleged Party describing in an appropriate detail the nature of such material breach.
If the Alleged Party timely submits a CRE Explanation in accordance with the foregoing clause (b), then within [*] thereafter the Alleging Party, having considered the CRE Explanation in good faith, will respond in writing to the Alleged Party either accepting or rejecting the CRE Explanation.
If the Alleging Party accepts the CRE Cure Plan (or does not timely respond), then the Alleged Party will implement the CRE Cure Plan in accordance with its terms; provided that, if the Alleged Party fails to implement the CRE Cure Plan in any material respect, then the Alleging Party may terminate this Agreement upon [*] written notice to the Alleged Party.
If the Alleging Party timely rejects the CRE Cure Plan, then the provisions of sub-clause (ii) below will apply.
At the election of the Alleging Party under Section 11.2(g), any claim or dispute relating to the existence of an Event of Default (“Dispute”), shall be resolved in accordance with this Section 15.8.