Common use of AND OMISSIONS Clause in Contracts

AND OMISSIONS. If any failure of either party hereto to comply with any provision of this Agreement is shown to have been unintentional, and if such party promptly takes appropriate steps to cure such failure, such party shall not be deemed by reason of such failure to be in breach of its obligations under this Agreement. The failure of either party to make any remittance to the other required by this Agreement shall not be deemed to be a breach of this Agreement if cured within five (5) business days after written notice of the party to receive such remittance that such remittance is due and unpaid, unless such notice is the third or greater such notice given in any one calendar year. Such notice will be effective upon receipt.