Attempted Breaches Clause Samples

The Attempted Breaches clause defines the treatment of actions that are intended to violate the agreement, even if the breach is not fully completed. In practice, this clause allows the parties to address situations where one party makes a serious effort to break the contract, such as trying to disclose confidential information or circumvent restrictions, regardless of whether the attempt was successful. Its core function is to deter and provide remedies for harmful conduct that threatens the integrity of the agreement, thereby closing loopholes where only completed breaches would otherwise be actionable.
Attempted Breaches. Any transfer of interest effected, or purported to be effected, not in accordance with the terms and conditions of this Agreement or any other agreement referred to herein or to a person prohibited by law from holding any of the Interim Lender Units shall be null and void and shall not bind the Company.
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Attempted Breaches. At the Department’s request, Provider must notify the Department of the occurrence of any attempted breaches of the security, confidentiality, availability, or integrity of City Data within twenty-four (24) hours after discovery of the occurrence of an attempted breach.
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Attempted Breaches. Each party to this Agreement: (1) acknowledges that a remedy at law for any breach or attempted breach of this Agreement will be inadequate; (2) agrees that each other party shall be entitled to specific performance and injunctive and other equitable relief in case of any breach or attempted breach; and (3) agrees to waive any requirement for the securing or posting of any bond in connection with obtaining such injunctive or other equitable relief.
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Attempted Breaches. Any attempted Disposition in breach of this Agreement shall be void and of no effect. All Securities which are the subject matter of any such attempted Disposition shall continue to be subject to this Agreement, and such attempted Disposition shall constitute an offer made by the Stockholder attempting or making any such Disposition, and the provisions of Section 2 shall be deemed to be in effect upon such attempted Disposition and an Offering Notice or other required offer or Notice shall be deemed to have been delivered in connection therewith; provided, however, that the date of delivery of the first Offering Notice or other offer for purposes of Section 2, shall be deemed to be the date as of which the party to whom such Offering Notice or other written offer shall have been deemed to be sent has actual knowledge of such attempted Disposition. The party to whom such Offering Notice or other written offer shall have been deemed to be sent shall, upon obtaining actual knowledge of such attempted Disposition, deliver a notice of such attempted Disposition to the other Stockholders. Each party hereto acknowledges that a remedy at law for any breach or attempted breach of Sections 2 through and including 10 shall be inadequate, agrees that each other party hereto shall be entitled to specific performance and injunctive and other equitable relief in case of any such breach or attempted breach and further agrees to waive any requirement for the securing or posting of any bond in connection with the obtaining of any such injunctive or other equitable relief.
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Related to Attempted Breaches

  • Covenant Breaches The Borrower, any Guarantor or any of their respective Subsidiaries shall fail to (i) perform or observe any covenant contained in Section 5.02(a), Section 5.03, Section 5.06(e), Section 5.09, Section 5.12, or Article VI of this Agreement or (ii) fail to perform or observe any other term or covenant set forth in this Agreement or in any other Loan Document which is not covered by clause (i) above or any other provision of this Section 7.01 if such failure shall remain unremedied for 30 days after the occurrence of such breach or failure;

  • Data Breaches Contractor shall notify the School District in writing as soon as commercially practicable, however no later than forty-eight (48) hours, after Contractor has either actual or constructive knowledge of a breach which affects the School District’s Data (an “Incident”) unless it is determined by law enforcement that such notification would impede or delay their investigation. Contractor shall have actual or constructive knowledge of an Incident if Contractor actually knows there has been an Incident or if Contractor has reasonable basis in facts or circumstances, whether acts or omissions, for its belief that an Incident has occurred. The notification required by this section shall be made as soon as commercially practicable after the law enforcement agency determines that notification will not impede or compromise the investigation. Contractor shall cooperate with law enforcement in accordance with applicable law provided however, that such cooperation shall not result in or cause an undue delay to remediation of the Incident. Contractor shall promptly take appropriate action to mitigate such risk or potential problem at Contractor’s or OPERATOR’s expense. In the event of an Incident, Contractor shall, at its sole cost and expense, restore the Confidential Information, to as close its original state as practical, including, without limitation any and all Data, and institute appropriate measures to prevent any recurrence of the problem as soon as is commercially practicable. Contractor will conduct periodic risk assessments and remediate any identified security vulnerabilities in a timely manner. Contractor will also have a written incident response plan, to include prompt notification of the District in the event of a security or privacy incident, as well as best practices for responding to a breach of PII.

  • Default; Breach A “Default” is defined as a failure by the Lessee to comply with or perform any of the terms, covenants, conditions or Rules and Regulations under this Lease. A “Breach” is defined as the occurrence of one or more of the following Defaults, and the failure of Lessee to cure such Default within any applicable grace period:

  • Breach A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

  • Material Breach A material breach for purposes of this Agreement shall include, but not be limited to: (a) Failure to timely furnish the documents described in Section 6 or the information requested by GO-Biz or the FTB relating to Taxpayer’s compliance with this Agreement. (b) Material misstatements in any information provided to GO-Biz as part of the application process and/or after this Agreement is signed. (c) Failure to materially satisfy applicable Milestones as set forth in Exhibit A, materiality of which shall be determined by GO-Biz, by the end of the last taxable year identified in Exhibit A. (d) Failure to maintain one or more Milestones for a minimum of three (3) subsequent taxable years after achieving the Milestone(s).