Common use of Material Breach or Default by a Consortium Member Clause in Contracts

Material Breach or Default by a Consortium Member. If a Consortium Member is alleged to have breached any material warranty, term, or condition of this Agreement, the MTEC Board of Directors shall review the facts of the alleged material breach or default and determine whether the Consortium Member has, in fact, committed such a material breach. Upon such determination that a breach has occurred, the MTEC shall notify the offending Consortium Member in accordance with the provisions of paragraph 11.7. If the Consortium Member fails to remedy such material breach within thirty (30) days or as mutually agreed after receipt of such notice of such material breach from the MTEC, the MTEC may, at its option, and in addition to any other remedies that MTEC may have in law or equity, terminate this Agreement with respect to such Consortium Member by sending a notice of termination to such Consortium Member, which will also constitute notice of involuntary withdrawal pursuant to Article VI.

Appears in 2 contracts

Sources: Consortium Member Agreement, Consortium Member Agreement