Breach by a Party Sample Clauses

Breach by a Party. The provisions of Section 15.1 of the Operating Agreement shall apply to a Party’s (a) failure to pay any amount due under this Agreement when due or (b) breach of any material obligation under this Agreement. In addition to the remedies available to the Office of the Interconnection set forth in Section 15.1 of the Operating Agreement, if the Party fails to cure such non-payment or breach, the Office of the Interconnection and the remaining Parties may, without an election of remedies, exercise all remedies available at law or in equity or other appropriate proceedings. Such proceedings may include (a) the commencement of a proceeding before the appropriate state regulatory commission(s) to request suspension or revocation of the breaching Party's license or authorization to serve retail load within the state(s) and/or (b) bringing any civil action or actions or recovery of damages that may include, but not be limited to, all amounts due and unpaid by the breaching Party, and all costs and expenses reasonably incurred in the exercise of its remedies hereunder (including, but not limited to, reasonable attorneys’ fees).

Breach by a Party. Either Buyer or Sellers may ask to verify the termination of the present Agreement according to one of the procedures described under Article 13 if a material Breach of any provisions of this Agreement has been committed by the other party and such Breach has not been waived at or prior to the Closing.

Breach by a Party. Either Buyer and Matrix, on the one hand, or the Holder Representative (on behalf of itself and The ▇▇▇▇ Group of Companies), on the other hand, may terminate this Agreement if a breach of any of the provisions of this Agreement has been committed by the other Party(s) or, in the case of a termination by Buyer and Matrix, committed by Buy one of The ▇▇▇▇ Group of Companies, and such breach (if curable) has not been (i) cured by such other Party (or one of The ▇▇▇▇ Group of Companies, as applicable) within ten (10) days after notice thereof is delivered to such breaching party, or (ii) waived by the non-breaching party at or prior to the Closing.

Breach by a Party. In the event of a breach by one of the Parties respectively of any of its material obligations under this Agreement, which breach is not cured within thirty (30) days from the date of notification from the other Party by registered letter, return receipt requested, of the nature of such breach, then the other Party shall be entitled to terminate this Agreement rightfully, without prejudice to any damages to which the other Party may be entitled.

Breach by a Party. Either Buyer or Sellers may terminate this Agreement if a Breach of any provisions of this Agreement has been committed by the other party and such Breach has not been waived at or prior to the Closing.

Breach by a Party. Either ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇ Tanks, on the one hand, or Matrix (on behalf of itself, GSAC and ▇▇▇▇▇), on the other hand, may terminate this Agreement if a breach of any of the provisions of this Agreement has been committed by the other Party(s) or, in the case of a termination by ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇ Tanks, committed by GSAC or ▇▇▇▇▇, and such breach (if curable) has not been (i) cured by such other Party (or GSAC or ▇▇▇▇▇, as applicable) within ten (10) days after notice thereof is delivered by ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇ Tanks or Matrix (as applicable), or (ii) waived by ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇ Tanks or Matrix (as applicable) at or prior to the Closing.

Breach by a Party. In the event of material breach of this Agreement by a Party, the other Party shall provide written notice to the allegedly breaching Party of said material breach specifying the nature of the alleged breach. The allegedly breaching Party shall have 30 days following receipt of the foregoing written notice of material breach to cure; provided that such cure period shall not apply to a breach of Section 3.1. BMS hereby acknowledges that failure to perform Section 3.1 is a material breach, and in the case of a breach of Section 3.1 ZymoGenetics shall have the right to terminate the Agreement upon giving notice of termination or may seek to enforce the Agreement by whatever means it deems necessary.

Breach by a Party of the provisions of this clause 28 shall be deemed to be an irremediable Breach of this Contract for the purposes of clause 9 (Termination) and the Provider shall indemnify the Commissioner for any loss it suffers as a result of a breach of this clause 28.2.

Breach by a Party. In case of breach of its obligations by a Party (hereinafter called “the Defaulting Party”), three (3) months following a notice of breach and opportunity to cure by the other Party that had remained uncured, the other Party may decide on the termination of the Agreement without additional formalities nor judiciary authority’s decision.