NONBREACHING PARTY definition

NONBREACHING PARTY means the PARTY not in BREACH, as used in Section 18.2.
Sample 1Sample 2Sample 3
NONBREACHING PARTY means the PARTY not in BREACH, as used in Article XVII.
Sample 1Sample 2Sample 3
NONBREACHING PARTY means the PARTY not in BREACH, as used in ARTICLE XIX. “PARTY” shall mean a party to this Agreement.
Sample 1

Examples of NONBREACHING PARTY in a sentence

  • IF A COURT FINDS THAT EITHER PARTY BREACHED THIS CONTRACT AND LOSSES WERE SUFFERED AS A RESULT OF THAT BREACH, THE BREACHING PARTY WILL COMPENSATE THE NON-BREACHING PARTY FOR SUCH LOSSES TO THE EXTENT ALLOWED BY THIS AGREEMENT.

  • Up to 3.5% non-meat binders and extenders (such as nonfat dry milk, cereal, or driedwhole milk) or 2% isolated soy protein may be used, but must be shown in the ingredients statement on the product’s label by its common name.

  • But while making group the farmer/ producer members certifies each others’ identity.

  • FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE NON-BREACHING PARTY.

  • FURTHERMORE, THE COMPANY AND EACH INVESTOR AGREES THAT (I) THE NON-BREACHING PARTY SHALL BE ENTITLED TO INJUNCTIVE AND OTHER EQUITABLE RELIEF, WITHOUT PROOF OF ACTUAL DAMAGES; (II) THE BREACHING PARTY SHALL NOT PLEAD IN DEFENSE THERETO THAT THERE WOULD BE AN ADEQUATE REMEDY AT LAW; AND (III) THE BREACHING PARTY AGREES TO WAIVE ANY BONDING REQUIREMENT UNDER ANY APPLICABLE LAW, IN THE EVENT ANY OTHER PARTY SEEKS TO ENFORCE THE TERMS BY WAY OF EQUITABLE RELIEF.

  • IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE BREACHING PARTY’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES, WHICH SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE NON-BREACHING PARTY AND THE NON-BREACHING PARTY HEREBY WAIVES ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY.

  • These risk factors have not materially changed since the date of the IPO Prospectus.

  • IN THE EVENT OF A BREACH OF THIS AGREEMENT, THE SOLE REMEDY AVAILABLE TO THE NON-BREACHING PARTY SHALL BE LIMITED TO SPECIFIC PERFORMANCE.

  • IF ONE PARTY REASONABLY BELIEVES THAT THE OTHER PARTY IS IN BREACH OF ANY OF ITS OBLIGATIONS UNDER THIS CLAUSE, THE NON-BREACHING PARTY MAY TERMINATE THE AGREEMENT FORTHWITH UPON WRITTEN NOTICE (SUPPORTED BY REASONABLE EVIDENCE) TO THE OTHER PARTY WITHOUT PREJUDICE TO THE NON-BREACHING PARTY'S RIGHTS UNDER THIS AGREEMENT OR GENERALLY.

  • FURTHERMORE, THE COMPANY AND EACH SONIC PARTY AGREES (1) THE NON-BREACHING PARTY WILL BE ENTITLED TO SEEK INJUNCTIVE AND OTHER EQUITABLE RELIEF, WITHOUT PROOF OF ACTUAL DAMAGES; AND (2) THE BREACHING PARTY AGREES TO WAIVE ANY BONDING REQUIREMENT UNDER ANY APPLICABLE LAW, IN THE CASE ANY OTHER PARTY SEEKS TO ENFORCE THE TERMS BY WAY OF EQUITABLE RELIEF.


More Definitions of NONBREACHING PARTY

NONBREACHING PARTY is defined in Section 9.2.2.
Sample 1Sample 2
NONBREACHING PARTY has the meaning given to it in Section 6.9.
Sample 1Sample 2
NONBREACHING PARTY means the PARTY not in BREACH, as used in Section 17.2. “PARTY” shall mean a party to this AGREEMENT.
Sample 1
NONBREACHING PARTY has the meaning set forth in Section 7.0 (Termination) of this Agreement.
Sample 1
NONBREACHING PARTY has the meaning set forth in Section 7.0 (Renewal and Termination) of this Agreement.
Sample 1

Related to NONBREACHING PARTY

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

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

  • Aggrieved party means a party entitled to pursue a remedy.

  • Terminating Party As defined in Section 7.1(f).

  • Aggrieved means suffering actual loss or injury, or being exposed to potential loss or injury, to legitimate interests. Such interests include, but are not limited to, business, economic, aesthetic, governmental, recreational, or conservational interests.

  • 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;

  • Defaulting Party has the meaning specified in Section 6(a).

  • Aggrieved person is the person or persons making the claim.

  • injured party means any person entitled to claim compensation in respect of any loss or injury caused by a vehicle;

  • complaining Party means any Party that requests the establishment of an arbitration panel under Article 3.5 (Initiation of the Arbitration Procedure);

  • Non-Defaulting Party has the meaning specified in Section 6(a).

  • 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.

  • Party or “Parties” has the meaning set forth in the Preamble.

  • 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:

  • Party or Parties means CenturyLink, as described in the first paragraph of this Agreement, or CLEC depending on the context and no other entity, Affiliate, Subsidiary or assign. Parties refers collectively to both CenturyLink and CLEC and no other entities, Affiliates, Subsidiaries or assigns.

  • Performing Party As defined in Section 11.12.

  • Third Party Claim Notice shall have the meaning set forth in Section 6.5(a).

  • Aggrieved Employee means all current and former hourly-paid or non-exempt employees of Defendant within the State of California at any time during the PAGA Period.

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

  • 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.

  • Attaching Party means any Party wishing to make a physical Facility Attachment on or in any AT&T structure.

  • Major Breach means a breach of:

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

  • Disputing Party has the meaning specified in Paragraph 5.

  • Notifying Party As defined in Section 3.01(i).

  • Defaulting Partner shall have the meaning set forth in Section 9.1.