Materially Breached definition

Materially Breached shall have a correlative meaning.
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Materially Breached means a material breach by the applicable party of its material obligations under this Agreement which is not cured within fifteen (15) days after receipt by the applicable party of written notice from the other party specifying the material breach and reasonably required cure thereof.
Sample 1Sample 2
Materially Breached means a material breach by the applicable Party of its material obligations under this Agreement which is not cured within fifteen (15) days after receipt by the applicable Party of written notice from the other Party specifying the material breach and reasonably required cure thereof.
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Examples of Materially Breached in a sentence

  • With respect to the Class Members resident in Québec, those Class Members have suffered losses and damages for the defendants’ breach of the Consumer Protection Act and are entitled to moral and material damages pursuant to arts.

  • If You do not remain current within the transition periods as described above, you have Materially Breached this Agreement.

  • The Bankruptcy Law Definition of Executory Contract Cannot Be that All Materially Breached Contracts Are Not Executory 1.

  • Lumpkin, The Standard of Proof Necessary to Establish that a Defendant has Materially Breached a Plea Agreement, 55 Fordham L.

  • Under the circumstances, Plaintiff is also allowed to fully compete with Defendants and she is entitled to rescission of the Employment Contract in order to return the parties to the status quo ex-ante.B.TBI with the Concert and Participation of Beck Materially Breached the Employment Contract Warranting Rescission It is not a secret within TBI that Beck is known for berating, belittling, and acting in a condescending and heavy-handed way and his treatment of Plaintiff, in particular, is a case in point.

  • Motion to approve installation of a payment dropbox at the Town Hall drive thru using Egan construction as the contractor for installation.

  • None of Armstrong’s or Williams’ Other Actions Materially Breached the Agreement ETE also claims that several other of Armstrong’s and Williams’ actions constituted material breaches of the Agreement.

  • As of September 6, 2022, the Issuer failed to cure its material breaches of the Cooperation Agreement and therefore Materially Breached (as defined in the Cooperation Agreement) the Cooperation Agreement by failing to cure its material breaches thereof within 15 days of receipt of the August 19th Notice.Accordingly, on September 6, 2022, ABV/Radoff provided notice to the Issuer of termination of the Cooperation Agreement.

  • The Superior Court Did Not Err By Determining Pederson Had Materially Breached A Valid, Enforceable Contract.1. Pederson received valuable consideration.After trial the superior court ruled that the confidentiality agreement was “a valid, enforceable contract.” Pederson argues on appeal that “ASRC gave nothing, in return for Pederson’s signature, that he was not already entitled to receive, pursuant to [AS 10.06.430], and that ASRC was [not] already required to provide.

  • Upon a determination by the OIG that Mariner has Materially Breached this CIA and that exclusion should be imposed, the OIG shall notify Mariner by certified mail of: (a) Mariner's Material Breach and the specific nature of the breach; and (b) the OIG's intent to exercise its contractual right to impose exclusion (this notification is hereinafter referred to as the "Notice of Material Breach and Intent to Exclude").


More Definitions of Materially Breached

Materially Breached means a material breach by the applicable party of its material obligations under this Agreement which is not cured within fifteen
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Materially Breached means a material breach by the applicable party of its material obligations under this Agreement which is not cured within fifteen (15) days after receipt b
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Related to Materially Breached

  • 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.

  • 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;

  • Materially Impair means any amendment to the terms of the Award that materially adversely affects the Participant’s rights under the Award. A Participant’s rights under an Award will not be deemed to have been Materially Impaired by any such amendment if the Board, in its sole discretion, determines that the amendment, taken as a whole, does not materially impair the Participant’s rights. For example, the following types of amendments to the terms of an Award do not Materially Impair the Participant’s rights under the Award: (i) imposition of reasonable restrictions on the minimum number of shares subject to an Option that may be exercised, (ii) to maintain the qualified status of the Award as an Incentive Stock Option under Section 422 of the Code; (iii) to change the terms of an Incentive Stock Option in a manner that disqualifies, impairs or otherwise affects the qualified status of the Award as an Incentive Stock Option under Section 422 of the Code; (iv) to clarify the manner of exemption from, or to bring the Award into compliance with or qualify it for an exemption from, Section 409A; or (v) to comply with other Applicable Laws.

  • Materially Damaged means damage which, in Seller's reasonable estimation, exceeds $200,000.00 to repair or which, in Seller's reasonable estimation, will take longer than ninety (90) days to repair.

  • 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.

  • Willful and Material Breach means a deliberate act taken or deliberate failure to act that the breaching party intentionally takes (or fails to take) with the actual knowledge that the taking of such act or failure to take such act constitutes, or will constitute, a material breach or deemed breach of this Agreement.

  • Serious violation means OCC has made a valid finding when assessing a serious complaint that alleges:

  • Intentional Breach means, with respect to any representation, warranty, agreement or covenant, an action or omission taken or omitted to be taken that the breaching party intentionally takes (or intentionally fails to take) and knows (or reasonably should have known) would, or would reasonably be expected to, cause a material breach of such representation, warranty, agreement or covenant.

  • Breach means the acquisition, Access, Use or Disclosure of Protected Health Information (PHI) which compromises the Security or privacy of the PHI, except as excluded in the definition of Breach in 45 CFR § 164.402.

  • Persistent Breach means a Default which has occurred on three or more separate occasions with a continuous period of six (6) months.

  • Materially Adverse Effect means (a) any material adverse effect upon the business, assets, liabilities, financial condition or results of operations of the Borrower and its Subsidiaries, taken as a whole, or (b) a material adverse effect upon any material rights or benefits of the Lenders or the Administrative Agent under the Loan Documents.

  • 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.

  • Substantial Breach means the following:

  • Repeat violation means a violation of the same regulation in any location by the same person for which voluntary compliance previously has been sought within two years or a notice of civil violation has been issued

  • Major Breach means a breach of:

  • Non-Breaching Party has the meaning set forth in Section 12.2.1.

  • 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;

  • Data Breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.

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

  • 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.

  • Violations shall have the meaning assigned to such term in Section 6(a).

  • Restrictive Covenant Violation means the Participant’s breach of the Restrictive Covenants listed on Appendix A or any covenant regarding confidentiality, competitive activity, solicitation of the Company’s vendors, suppliers, customers, or employees, or any similar provision applicable to or agreed to by the Participant.

  • materially shall, when used in this Agreement, be construed, measured or assessed on the basis of whether the matter would materially affect a party and its subsidiaries, taken as a whole; and

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

  • Harm means ill-treatment or the impairment of health or development, including for example, impairment suffered from seeing or hearing the ill-treatment of another;

  • Serious traffic violation means a conviction when operating a commercial motor vehicle of: