Defaults - General. A. Failure or delay by either party to perform any term or provision of this Expansion Agreement, or other agreement entered into pursuant to this Expansion Agreement, constitutes a default under this Expansion Agreement; provided, however, that no party shall be deemed to be in default under this Expansion Agreement unless and until such party has received notice of default as provided in Subsection B. below (“Notice of Default”) and the applicable cure period has expired without a cure being effected. The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence or within the times specifically set forth in the specifically applicable sections of this Expansion Agreement. B. Except as otherwise provided in Subsection A hereof, the party complaining of a default shall give written Notice of Default to the defaulting party specifying the default complained of. Except as otherwise expressly provided in this Expansion Agreement, any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
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Sources: Expansion Agreement
Defaults - General. A. Failure Subject to extensions of time as set forth in Section 6.5 hereof, the failure or delay by either party to perform any term or provision of this Expansion Agreement, or other agreement entered into pursuant to this Expansion Agreement, constitutes Agreement shall constitute a default under this Expansion Agreement; provided, however, that no in the event that a party otherwise in default commences to cure, correct or remedy said default within thirty (30) calendar days after receipt of written notice specifying said default and diligently and continuously prosecutes said cure, correction or remedy to completion (and where any time limits for the completion of said cure, correction or remedy are specifically set forth in this Agreement, then within said time limits), said party shall not be deemed to be in default under this Expansion Agreement unless and until such hereunder. The nondefaulting party has received shall give written notice of default as provided in Subsection B. below (“Notice of Default”) and the applicable cure period has expired without a cure being effected. The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence or within the times specifically set forth in the specifically applicable sections of this Expansion Agreement.
B. Except as otherwise provided in Subsection A hereof, the party complaining of a default shall give written Notice of Default to the defaulting party party, specifying the default complained ofof by the non-defaulting party. Except as otherwise expressly provided Any delay in this Expansion Agreement, giving said notice shall not constitute a waiver of any default nor shall it change the time of default. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by said party in asserting any of its rights and remedies or shall not deprive either party of its right to institute and maintain any actions or proceedings which are permitted by this Agreement and which it may deem necessary to protect, assert or enforce any such rights or remedies.
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