Default and Opportunity to Cure Sample Clauses
The "Default and Opportunity to Cure" clause defines the process by which a party is considered to be in breach of contract and provides a mechanism for remedying that breach. Typically, if one party fails to fulfill its contractual obligations, the clause requires the non-breaching party to give written notice of the default and allows the breaching party a specified period to correct the issue. This approach ensures fairness by giving parties a chance to resolve problems before more severe consequences, such as termination or legal action, are pursued, thereby reducing the risk of disputes escalating unnecessarily.
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Default and Opportunity to Cure. If the County shall default in any of it material obligations under this Agreement, which shall be defined as a repeated failure to provide the required level of service, then, in that event, the District shall provide written notice of default to the County and afford the County a period of ninety (90) days to cure such default (if such default is curable); provided, however, that if the default in question cannot be cured within such ninety (90) day period, then the County shall be afforded such additional time as shall be reasonably required to cure such default. If the County shall be in default hereunder beyond the expiration of the applicable period stated above, the District shall have the right, but not the obligation, to cure such default, in which event the County shall immediately reimburse the District for all sums paid to affect such cure. In the event that the default cannot be cured by District, this Agreement shall terminate at the expiration of said ninety (90) day period. If the District shall default in any of its material obligations under this Agreement, which shall be defined as a repeated failure to provide the required level of service, then, in that event, the County shall provide notice of default to the District and afford the District a period of (90) days to cure such default (if such default is curable); provided, however, that if the default in question cannot be cured within such ninety (90) day period, then the District shall be afforded such additional time as shall be reasonably required to cure sure default. If the District shall be in default hereunder beyond the expiration of the applicable cure period stated above, the County shall have the right, but not the obligation, to cure such default, in which event the District shall immediately reimburse County for all sums paid to affect such cure. In the event that the default cannot be, or is not, cured by County, this Agreement shall terminate at the expiration of said (90) day period. The provisions of this section do not abrogate the termination without cause provision provided in Section 9, above.
Default and Opportunity to Cure. If either party is in default of any of its material obligations under the Agreement, the non-defaulting party shall provide written notice of default to the party in default and afford such party a period of ninety (90) days to cure such default. If the defaulting party is in default beyond the expiration of the applicable cure period stated, then the other party shall have the option to terminate this Agreement upon ten (10) days’ written notice.
Default and Opportunity to Cure. In the event of default of any of the terms and conditions contained herein by either party, the non-defaulting party shall provide ninety
Default and Opportunity to Cure. With respect to any monetary default hereunder, any defaulting party shall have ten (10) days after written notice from the non- defaulting party to cure such default. With respect to any non-monetary default hereunder, the defaulting party shall have twenty (20) days after written notice from the non-defaulting party to cure such default (provided, however, in the event such non-monetary default cannot reasonably be cured within such twenty (20) day period, then the defaulting party shall have a reasonable time to cure not to exceed two (2) months).
Default and Opportunity to Cure. Landlord may find that a potential default has occurred if one or more of the following occur:
a. Failure by the Tenant to maintain any payment(s) due under this Lease Agreement;
b. A violation of any material term or condition of this Lease Agreement. Upon Landlord's determination that a default has occurred, Landlord will provide Tenant with written notice of the potential default, a statement of corrective action that is required to cure the potential default, and the required reasonable time period within which corrective action must be taken, which said reasonable time period shall not be less than thirty (30) days. If Tenant fails to correct the potential default to Landlord’s satisfaction within the time period specified by Landlord, Landlord will issue a notice of default to Tenant.
Default and Opportunity to Cure. Uncured non-compliance with any of the terms and conditions of this contract shall constitute a material breach of contract and good cause for termination.
Default and Opportunity to Cure. 3.1 In the event of any noncompliance with any provision of this Agreement, the Party alleging such noncompliance shall deliver to the other by certified mail a ten (10) day notice of default and opportunity to cure. The time of notice shall be measured from the date of receipt of the certified mailing. The notice of noncompliance shall specify the nature of the alleged noncompliance and the manner in which it may be satisfactorily corrected, during which ten (10) day period the party alleged to be in noncompliance shall not be considered in default for the purposes of termination or institution of legal proceedings.
3.2 If the noncompliance cannot reasonably be cured within the ten (10) day cure period, the noncompliant Party may timely cure the noncompliance for purposes of this Section if it commences the appropriate remedial action with the ten (10) day cure period and thereafter diligently pursues such action to completion within a period of time acceptable to the non-breaching Party. If no agreement between the Parties is reached regarding the appropriate timeframe for remedial action, the cure period shall not be longer than ninety (90) days from the date the ten (10) day notice of noncompliance and opportunity to cure was mailed to the non-compliant Party.
3.3 If the noncompliance is corrected, then no default shall exist and the noticing Party shall take no further action. If the noncompliance is not corrected within the relevant cure period, the noncompliant Party is in default, and the Party alleging noncompliance may declare the breaching Party in default and elect any one or more remedies available at law or in equity.
Default and Opportunity to Cure. If either Party materially defaults in its obligations under this Agreement and fails to cure the same within thirty (30) days after the date that the non-defaulting Party delivers notice of the default to the other Party, then the non-defaulting Party shall have the right to
(i) immediately terminate this Agreement by delivering written notice to the defaulting Party, and (ii) pursue any and all remedies available in law, equity, and under this Agreement.
Default and Opportunity to Cure. In the event of a violation of any of the terms of this Contract, including obligations incorporated by reference or by Supplemental Contract, the Department shall promptly notify the offending Party, and provide an opportunity for the offending Party to respond to the assertion, including by providing a plan to cure the violation. The Department shall be the sole judge of the length of time to be given for a response, and of the suitability of a plan to cure. If the offending Party fails to cure the violation within the approved timeline, the Department may ask the Board to terminate the contract for cause. If the offending Party determines that the violation cannot be cured, the Governing Board or ▇▇▇▇▇▇ ▇▇▇▇▇ University may voluntarily surrender the contract as provided in Part 9.3.
Default and Opportunity to Cure