Date of Breach definition

Date of Breach means, with respect to the repurchase obligation specified in Section 5.01(b), the date of a breach of a representation or warranty that triggers such repurchase obligation.
Date of Breach means, in the event of a Breach of the Shareholders' Agreement, thirty (30) days following the date of Notice of such Breach by the Agreement Manager (as defined in the Shareholders' Agreement) to the Beneficiary, unless such Breach, if capable of remedy, is remedied to the Obligor’s reasonable satisfaction by the Beneficiary within such thirty (30) day period by written notice thereof from the Obligor.
Date of Breach means with respect to the Repurchase Obligation, the date of the occurrence of the related Material Breach that triggers such Repurchase Obligation. To the extent a Material Breach is based on two or more cumulative breaches, the Date of Breach will be the date of the last breach giving rise to a Material Breach.

Examples of Date of Breach in a sentence

  • Attachment A Date Dear : We are contacting you because we have learned of a data security incident that occurred on [Date of Breach] that may have involved some of your personal information.

  • Date of Breach LG Capital also argues that the Magistrate Judge erred in determining the date upon which the market price of the stock should be measured for purposes of calculating its claim of damages.

  • Initial guar- antee costs are determined using option pricing theory in a Black/Scholes frame- work, which has been used in similar cases in Kling, Ruß, and Schmeiser (2006) (for interest rate guarantees) as well as in Gerber and Shiu (2003a) (for pricing lookback options).

  • Simple Interest Due from the Date of Breach {¶11} PAS first argues that the trial court erred in determining the date from which the interest payment would accrue under Section XI.

  • Assume further that the facts of the resulting arbitration demonstrate that the attorney wrongfully withheld the $10,000.00 (Amount of the Award) since March 1, 2016 (Date of Breach).

  • Winstar Damages; Shifting of Regulatory Risk; Forbearance Allowing Excess Investment in Service Corporations; Material Breach; Date of Breach; Judicial Estoppel; Restitution; Partial Performance; Unfair Windfall; Tax Gross-Up.* * * * * * * * * * * * * * * * * * * * * * * Dale A.

  • In each of these circumstances, the plaintiff may not have acted unreasonably in retaining the asset: see HTW Valuers, at [63] and [66]; Smith New Court Securities, at 265-266.”24 [18] It follows that the Plaintiffs must establish that their retention of the Property from the Date of Breach in 2010 until the Date of Resale in late 2012, a period of more than two years, was reasonable and that, in the interests of justice, their loss should be assessed at the Date of Resale.

  • Assume further that the facts of the resulting arbitration demonstrate that the attorney wrongfully withheld the $10,000 (Amount of the Award) since March 1, 2016 (Date of Breach).

  • We became aware of this breach on [Insert Date of Discovery], which occurred on or about [Insert Date of Breach].

  • If the Employee breaches any of the covenants set forth in Section 5(b)(i), (ii) or (iii) hereof, any unvested portion of the RSUs and all related Dividend Equivalents shall automatically be cancelled and forfeited as of the Date of Breach.


More Definitions of Date of Breach

Date of Breach means the date upon which the Board votes to approve a rezoning plan that violates this agreement.

Related to Date of Breach

  • Notice of Breach means a written notice delivered to the other party within the time period required under the definition of “Cause” or “Good Reason,” as applicable, that (a) indicates, as applicable, the specific provision in this Agreement that the party contends the other party has breached or the specific clause of the definition of “Cause” or “Good Reason” that the party alleges to exist, and (b) to the extent applicable, sets forth in reasonable detail the facts and circumstances Executive or the Company, as applicable, claims provide the basis for such breach or other condition.

  • Terminating Company Breach has the meaning specified in Section 10.01(b).

  • Non-Breaching Party has the meaning set forth in Section 9.2.1.

  • Major Breach means a breach of:

  • Data Breaches Party shall report to AHS, though its Chief Information Officer (CIO), any impermissible use or disclosure that compromises the security, confidentiality or privacy of any form of protected personal information identified above within 24 hours of the discovery of the breach. Party shall in addition comply with any other data breach notification requirements required under federal or state law.

  • Serious Breach means any breach defined as a Serious Breach in the Agreement or any breach or breaches which adversely, materially or substantially affect the performance or delivery of the Services or compliance with the terms and conditions of the Agreement or the provision of a safe, healthy and supportive learning environment or a breach of security that adversely affects the Personal Data or privacy of an individual. Failure to comply with Law, or actions or omissions by the Provider that endanger the Health or Safety of Learners, Provider Personnel, and all other persons including members of the public would constitute a Serious Breach;

  • Material Breach means a breach by either Party of any of its obligations under this Agreement which has or is likely to have a Material Adverse Effect on the Project and which such Party shall have failed to cure.

  • Privacy Breach means a common law breach of confidence, infringement, or violation of any rights to privacy, including but not limited to breach of the Insured’s privacy statement, breach of a person’s right of publicity, false light, intrusion upon a person’s seclusion, public disclosure of a person’s privacy information, or misappropriation of a person’s picture or name for commercial gain.

  • Cure Period means the period specified in this Agreement for curing any breach or default of any provision of this Agreement by the Party responsible for such breach or default and shall:

  • Rectification Period means the period of time set out in Section 4.3 of this RFP during which a Proponent will be permitted to rectify its Proposal to satisfy the mandatory submission requirements of this RFP.

  • Restriction Termination Date means the first day on which the Board of Directors of the Corporation determines that it is no longer in the best interests of the Corporation to attempt to, or continue to, qualify as a REIT.

  • Breach means the acquisition, access, use, or disclosure of PHI in a manner not permitted 9 under the HIPAA Privacy Rule which compromises the security or privacy of the PHI.

  • Breaching Party has the meaning set forth in Section 12.2.

  • Data Breach means the unauthorized access by an unauthorized person that results in the use, disclosure or theft of Customer Data.

  • Premium Termination Date With respect to the Series A Certificates, the scheduled maturity date of the Series A Certificates, with respect to the Series B Certificates, the scheduled maturity date of the Series B Certificates and with respect to the Series C Certificates, the scheduled maturity date of the Series C Certificates.

  • Initial Termination Date has the meaning set forth in Section 8.2(a).

  • Remedy a Violation means to bring the structure or other development into compliance with state and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

  • Willful and Material Breach means a material breach that is a consequence of an act undertaken by the breaching party or the failure by the breaching party to take an act it is required to take under this Agreement, with knowledge that the taking of or failure to take such act would, or would reasonably be expected to, result in, constitute or cause a breach of this Agreement.

  • Anticipatory Termination means a termination of employment where PNC terminates your employment with PNC (other than for Misconduct or Disability) prior to the date on which a Change of Control occurs, and you reasonably demonstrated that such termination of employment (i) was at the request of a third party that has taken steps reasonably calculated to effect a Change of Control or (ii) otherwise arose in connection with or in anticipation of a Change of Control.

  • Retention Period means the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction.

  • Termination Period means the period of time beginning with a Change in Control and ending on the earlier to occur of:

  • Termination Assistance Period means the period commencing upon the expiration or termination of this Agreement and each Statement of Work and expiring six (6) months thereafter, as such period may be extended by the Parties.

  • Hire Period means the period commencing when the Customer holds the Hire Goods on hire (including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of the following events:

  • Notification Period has the meaning given to such term in Clause 3.10(b) or 3.10(c) of the Gold Bullion Terms, as the case may be.

  • Minor Breach means a delay or non-performance by either Party of its obligations under the Agreement which does not materially, adversely or substantially affect the performance or delivery of the Service or the provision of a safe, healthy and supportive learning environment;

  • Employee assigned to the contract means an employee who was hired after November 6, 1986, who is directly performing work, in the United States. An employee is not considered to be directly performing work under a contract if the employee—