Party In Breach definition

Party In Breach is defined in Article 15.1;
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Party In Breach means a Party who has caused a Breach of any of the terms contained in this Agreement.
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Party In Breach has the meaning set forth in Section 11( a).
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Examples of Party In Breach in a sentence

  • A default of this Agreement (“Default”) shall occur upon the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Section 21.4.

  • In the event that the alleged breach is not cured by the Party in Breach within the Cure Period, the parties shall commence a mandatory mediation regarding the alleged breach within thirty calendar days of the end of the Cure Period.

  • Default of this Agreement ("Default") shall occur upon the failure of a Party in Breach of this Agreement to cure such Breach in accordance with the provisions of Section 16.4 of this Agreement.

  • The party who obey this Agreement (the “Observant Party”) has the right to notify the Party in Breach in written to correct its action within 10 days from the date it get the notice.

  • The Party in Breach shall be entitled to 30 days from the date of the Notice to rectify or cure the breach which is the subject of the Notice.

  • Notwithstanding the foregoing, if such Breach is not reasonably susceptible to correction within such sixty-day period, then a Termination Event shall not be deemed to have occurred if the Party in Breach commences and diligently pursues corrective action within such sixty-day period, and the Breach is cured within a reasonable time thereafter.

  • The Party in Breach shall then have thirty calendar days after the receipt of such written notice cure the alleged breach (the “Cure Period”).

  • If the Party in Breach does not meet that demand, the Injured Party shall be entitled to bring to arbitration a claim to see the Concession as having come to an end.

  • If the Injured Party alleges that the non-fulfillment or the non-performance by the Party in Breach is so severe in nature that it touches on the very foundation of the Concession, the Injured Party may demand of the Party in Breach, in a written notice, that it correct the non- fulfillment within a time that seems reasonable in the circumstances.

  • The party who obeys this Agreement (the “Observant Party”) has the right to notify the Party in Breach in writing to correct its action within 10 days from the date of receipt of the notice.


More Definitions of Party In Breach

Party In Breach has the meaning given to it in Section 5.5(d);
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Party In Breach means the definition provided in Clause 12.2 hereto;
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Related to Party In Breach

  • 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;

  • 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.

  • Major Breach means a breach of:

  • 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.

  • 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.

  • Substantial Breach means the following:

  • 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.

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

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

  • 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;

  • Intentional Breach means, with respect to any agreement or covenant of a party in this Agreement, an action or omission taken or omitted to be taken by such party in material breach of such agreement or covenant that the breaching party intentionally takes (or fails to take) with actual knowledge that such action or omission would, or would reasonably be expected to, cause such material breach of such agreement or covenant.

  • 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 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.

  • 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.

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

  • Misrepresentation has the meaning ascribed thereto in the Securities Act;

  • Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Articles 4 and 5 is presumed to be in violation until such time as that documentation is provided.

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

  • Security Breach means the unauthorized acquisition of or access to Customer Data by an unauthorized person that compromises the security, confidentiality, or integrity of Customer Data, including instances in which internal personnel access systems in excess of their user rights or use systems inappropriately. “Security Breach” shall also be deemed to include any breach of security, confidentiality, or privacy as defined by any applicable law, rule, regulation, or order.

  • Excluded Representations has the meaning set forth in Section 7.3(a).

  • Minor violation means a violation that is not the result of the purposeful, reckless or criminally negligent conduct of the alleged violator; and/or the activity or condition constituting the violation has not been the subject of an enforcement action by any authorized local, county or state enforcement agency against the violator within the immediately preceding 12 months for the same or substantially similar violation.

  • Credit Breach means the status of a Participant that does not currently meet the requirements of Tariff, Attachment Q or other provisions of the Agreements.

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

  • 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

  • Information Security Breach means the unauthorized acquisition, access, use, disclosure, transmittal, storage or transportation of Confidential Information which is not permitted by law or by the terms of this Amendment, including, but not limited to, a Security Incident.

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