Breach by Licensor Clause Samples
The 'Breach by Licensor' clause defines the consequences and procedures that apply if the licensor fails to fulfill its obligations under the agreement. Typically, this clause outlines the steps the licensee can take in the event of a breach, such as providing notice to the licensor and allowing a period for the licensor to remedy the breach. It may also specify the licensee's rights to terminate the agreement or seek damages if the breach is not cured. The core function of this clause is to protect the licensee by providing clear remedies and recourse in case the licensor does not meet its contractual commitments.
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Breach by Licensor. In the event Licensor breaches any of its representations or material obligations under this Agreement, Licensee may terminate this Agreement and the license granted in this Agreement by giving notice in writing to Licensor of the breach. In the event Licensor does not correct or eliminate the breach within thirty (30) days from the date of receipt of such notice, this Agreement, including Licensee’s license to use the Licensed Marks and right to use the Licensed Names, shall terminate.
Breach by Licensor. Each of the following shall constitute a breach by Licensor of this Agreement and any Service Orders related thereto: (a) any material breach by Licensor of any provision of the Agreement that is not cured within thirty days of a Breach Notice identifying the same; or (b) any insolvency, bankruptcy, assignment for the benefit of creditors, appointment of a trustee or receiver or similar event with respect to Licensor if such proceeding is not dismissed within thirty (30) days of filing.
Breach by Licensor. In the event Licensee terminates this Agreement under Section 8.1 because Licensor becomes insolvent, files for bankruptcy or is otherwise unable to pay its debts as they come due, Licensor shall immediately provide a complete and current version of the Licensed Technology to Licensee free of any encumbrances and at no further cost to the Licensee other than the monthly License Fee installments due as of the date of Licensor’s breach. In the event that Licensor fails to deliver the Licensed Technology to Licensee at any time during the term of this Agreement, Licensee shall be entitled to damages for any financial losses incurred as a result.
Breach by Licensor. Notwithstanding anything in this Agreement to the contrary, in the event Licensor at any time is required to pay to Licensee any amount or render any performance, such amount or performance is not due until thirty (30) days after notice by Licensee to Licensor that the amount has become payable or that the performance is due. In the event a cure cannot be effected during that period, Licensor shall not be in default so long as Licensor commences cure during the period and diligently prosecutes the cure to completion provided such cure must be completed within sixty (60) days after the notice.
Breach by Licensor. In the event that Licensor breaches this Agreement and fails to provide the Implementation Services as set forth in this Agreement, Licensee shall have the right to cancel contract with written notice within 60 days.
Breach by Licensor. Except as otherwise provided in the Basic License Terms, Licensor shall not be deemed in breach of this Agreement unless Licensor fails within a reasonable time to perform an obligation required to be performed by Licensor. For purposes of this Section 12.2, a reasonable time shall in no event be less than thirty (30) days after receipt by Licensor of written notice specifying the obligation of Licensor that has not been performed; provided, however, that if the nature of Licensor’s obligation is such that more than thirty (30) days are reasonably required for its performance, then Licensor shall not be in breach if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion.
Breach by Licensor. In the event of a breach by the Licensor of its obligations in the case of non-delivery of the ordered Material, the Licensee shall have the right to demand, after notice by registered letter, fax or email with proof or receipt if such breach has not been cured within 15 days after date of dispatch, the cancellation of this Agreement and Licensor's immediate repayment of the sums paid by Licensee.
Breach by Licensor. Licensee may terminate this Agreement for ------------------ a material default or breach by Licensor 30 days after giving Licensor written notice of termination, specifying the default or breach, if the breach remains uncured at the end of 30 days after such notice, provided, however, that if the nature of Licensor's obligations are such that more than 30 days are required for performance, then Licensor shall not be in default if it commences performance within the 30-day period and thereafter diligently attempts to cure same to completion of performance. If Licensor breaches or defaults under any provision of this Agreement, Licensee shall have all rights and remedies permitted by law or equity, including but not limited to, the right of termination.