Default of Licensee Sample Clauses
The 'Default of Licensee' clause defines the circumstances under which the licensee is considered to be in breach of the agreement. Typically, this includes failures such as not making required payments, violating usage restrictions, or not fulfilling other contractual obligations. When a default occurs, the licensor may have the right to terminate the license, seek damages, or pursue other remedies. This clause is essential for protecting the licensor by providing clear consequences for non-compliance and ensuring that the licensee remains accountable to the terms of the agreement.
Default of Licensee a. For any breach of this Agreement or any Supplemental Site License, except for obligations to pay money when due, Licensor shall provide Licensee with a detailed written notice of any violation of this Agreement, and a thirty (30) day period within which Licensee may:
(a) demonstrate that a violation does not exist, (b) cure the alleged violation, or (c) if the nature of the alleged violation prevents correction thereof within 30 days, to initiate a reasonable corrective action plan to correct such alleged violation, including a projected completion date, subject to Licensor’s written approval, which approval will not be unreasonably withheld.
b. If Licensee fails to disprove or correct the violation within thirty (30) days or, in the case of a violation which cannot be corrected in 30 days if Licensee has failed to initiate a reasonable corrective action plan and to correct the violation within the specified time frame, then Licensor may declare in writing that Licensee is in default.
Default of Licensee. 8.1 The Licensor may terminate the Agreement by notice in writing to the Licensee if:
(a) the Licensee fails to comply promptly with any of the terms of the Agreement;
(b) the Licensee abandons the berth or Vessel (which will be deemed to occur if the Licence Fee remains unpaid for more than one month); or
(c) the Licensee is declared bankrupt or (if a company) enters into any form of external administration, liquidation or insolvency.
8.2 If the Licensor terminates the Agreement, it may move the Vessel, shall have a lien over the Vessel and may sell the Vessel at the Licensee’s cost.
Default of Licensee. (a) Licensee shall be deemed to be in default under this Agreement, and all rights granted herein shall, at the option of Muzak, immediately terminate upon notice thereof to Licensee (without opportunity to cure), if at any time:
(i) Licensee shall file in any court pursuant to any statute either of the United States or of any State a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Licensee's property, or if there is commenced against Licensee any such petition which is not opposed by Licensee or not dismissed within ninety days after such filing, or if Licensee admits in writing its inability to pay its debts or makes a general assignment for the benefit of creditors, or if Licensee makes general application to Licensee's creditors to settle, compromise, or extend the time of payment of all of Licensee's obligations; or
(ii) there occurs a voluntary or involuntary transfer or purported transfer of an interest in Licensee or in this Agreement in violation of Article XII.
(b) Licensee shall be deemed to be in default under this Agreement, and all rights granted herein shall terminate, if any of the following events shall occur and not be cured, in the time and manner provided in subsection (c) below, following notice thereof from Muzak:
(i) if Licensee fails to comply with any of its obligations under this Agreement and Muzak has been or is reasonably likely to be in any way damaged thereby, or if any representation made by Licensee herein is found to be untrue when and as made and Muzak has been or is reasonably likely to be in any way damaged thereby; or
(ii) if Licensee ceases to distribute the Music Services or ceases to operate or otherwise abandons the Business; or
(iii) if Licensee loses the right to transact business in any jurisdiction included in the Territory and Licensee refuses to surrender to Muzak its license rights hereunder with respect to such jurisdiction; or
(iv) if Licensee knowingly maintains false books or records, or submits false reports to Muzak.
(c) Licensee shall have thirty (30) days after its receipt from Muzak of a written notice of default within which to remedy any default as defined in subsection (b) above (or, if the default cannot reasonably be cured within such thirty (30) days, to initiate within that time substantial and continuing action to cure the default) and to provide evidence thereof to Muzak. If any such default is not cured withi...
Default of Licensee. (a) For any breach of this Agreement or any Supplemental Site License, except for obligations to pay money when due, Licensor shall provide Licensee with a detailed written notice of any violation of this Agreement, and a thirty (30) day period within which Licensee may: (a) demonstrate that a violation does not exist, (b) cure the alleged violation, or (c) if the nature of the alleged violation prevents correction thereof within 30 days, to initiate a reasonable corrective action plan to correct such alleged violation, including a projected completion date, subject to Licensor’s written approval, which approval will not be unreasonably withheld. For a breach of Licensee’s obligations to pay money when due, Licensor shall provide Licensee with notice, and Licensee shall have ten (10) days in which to cure. If Licensee fails to disprove or correct the violation within thirty (30) days or, in the case of a violation which cannot be corrected in thirty (30) days if Licensee has failed to initiate a reasonable corrective action plan and to correct the violation within the specified time frame, then Licensor may declare in writing that Licensee is in default.
Default of Licensee. The following acts or omissions shall constitute a default by Licensee:
(a) Failure of Licensee to pay the Deposit, Usage Fee, fees for Additional Services, late charge, or any other amount owed by Licensee under this Agreement;
(b) Failure of Licensee to perform any other condition, term, provision, warranty, covenant, or obligation contained in this Agreement;
(c) Any violation of applicable law, rule, regulation, or policy or of the College’s policies and procedures;
(d) Any other breach or event of default; and/or
(e) Bankruptcy of, insolvency of, reorganization by, moratorium by, fraudulent conveyance by Licensee.
Default of Licensee. Failure of Licensee to satisfy the financial obligations of this LicenseAgreementmay result in one or more of the following:
12.1 Assessment of late fee(s) as stated in the fee schedule.
12.2 Revocation of the License Agreement.
Default of Licensee. Upon a default by LICENSEE under this Agreement including, without limitation, a payment default, LICENSOR shall be entitled to terminate this Agreement, by giving notice of termination to LICENSEE, if LICENSOR has previously given LICENSEE notice of such default and LICENSEE has not cured such default within thirty (30) days after notice of such default was given. If LICENSOR terminates this License Agreement under this Section 15.3.1, LICENSOR shall have the right to disconnect the Licensor Fiber Optic Strands licensed to LICENSEE under this License Agreement without recourse to LICENSOR by LICENSEE. Furthermore LICENSOR shall not be liable to LICENSEE or LICENSEE’s sub-licensees as a result of such disconnection.
Default of Licensee. City may terminate this License if Licensee is in material breach of condition or obligation stated herein, provided that City must first provide Licensee written notice of the breach and an opportunity to cure the default. No termination under this paragraph will be effective until ninety (90) days’ after Licensee’s receipt of notice from City of any material breach. In addition to termination, the City may exercise any and all rights available by law in the event of a default by Licensee.
Default of Licensee. 3.1 The provisions of this clause 3 will apply:
3.1.1 if the Licensee commits a breach of the terms of this Agreement which cannot be remedied;
3.1.2 if the Licensee commits a breach of the terms of this Agreement which is capable of being remedied and:
3.1.2.1 does not begin diligently to remedy that breach within ten working days of written notice from the Council or immediately in case of emergency; and
3.1.2.2 does not remedy the breach within a reasonable period of time, to be specified in the notice, to the reasonable satisfaction of the Council;
3.1.3 following the disclaimer of this Agreement by the Crown or by a liquidator or trustee in bankruptcy of the Licensee; or
3.1.4 if the Licensee is a company, the Licensee is struck off the register of companies or otherwise ceases to exist.
Default of Licensee. An event of default shall be deemed to have occurred if: (i) Licensee fails to procure or maintain any policy of insurance required under this Agreement, and such default shall continue for a period of 10 days after delivery to Licensee of notice specifying such default; (ii) Licensee fails in the prompt and full performance of any covenant, condition or requirement of this Agreement and such default continues for a period of 10 days after delivery to Licensee of notice of such default; iii) the Premises shall be vacated or abandoned or shall cease to be used for the purpose permitted under this License for a period of 15 days; (v) assignment, conveyance or transfer of this License Agreement by Licensee, as defined herein; or (v) any proceeding shall be commenced to declare Licensee bankrupt, dissolved, or insolvent or to obtain relief under any chapter or provision of any bankruptcy or debtor relief law or act or to reduce or modify Licensee's debts or obligations or to delay or to extend the payment thereof, or any assignment of Licensee's property be made for benefit of creditors, or a receiver or trustee be appointed for Licensee or any of Licensee's property or business. Upon the occurrence of an event of default, Licensor may, at its option, without further notice or demand of any kind to Licensee or any other person, terminate the license agreement.