Defaults by Either Party. (a) the Defaulting Party fails to make a payment when due under this Agreement and such failure is not cured within ten (10) Business Days after the Non-Defaulting Party gives notice to the Defaulting Party of such default. (b) the Defaulting Party fails to perform any material obligation in this Agreement for which an exclusive remedy is not provided in this Agreement and which is not otherwise an identified Event of Default in this Agreement, and such default is not cured within thirty (30) days after the Non-Defaulting Party gives the Defaulting Party notice of such default; provided, however, that if such default is not reasonably capable of being cured within the thirty
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