Notice and Remedy Sample Clauses

Notice and Remedy. In such event the non-performing party shall be excused from further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The non-performing party shall immediately notify the other party by telephone (to be confirmed in writing within two (2) business days of the inception of such delay) and describe at a reasonable level of detail the Force Majeure Event causing such delay and the expected duration of the Force Majeure Event. The non-performing party will provide the other party prompt written notice of the cessation or termination of the Force Majeure Event.

Notice and Remedy. In the event of a termination by the Company under paragraph C.2(a) above, which the Company acting in good faith determines may be cured by Executive, then the Company shall first give a written notice to Executive (by mail, or by email, or by fax, to the last known address of the recipient; said notice being deemed given, if by mail, as of the earlier of four days after mailing or as of the date when actually received, or, if by email or fax, when sent), specifying the reason for termination and providing a period of 30 days to cure the fault or reason specified. Lacking such cure within said 30 days, or if Executive earlier refuses to effect the cure, the termination shall then be deemed effective. If such cure is so made, the termination shall not then be deemed effective, but any later conduct of a similar nature constituting a reason for termination shall allow the Company the right to cause the termination effectiveness without need for any further period of time to cure. All communications shall be sent to the address as set forth on the signature page hereof, or to such other address as Executive may designate by ten days’ advance written notice to the Company.

Notice and Remedy. In the event that any reason for Termination For Cause by the Company under paragraph IV.C.2(a) above, or by Executive in the case of a Constructive Termination, may be cured by Executive or the Company, as the case may be, then the Company or Executive, as applicable, shall first give a written notice to the other party (by mail, email, or fax, to the last known address of the recipient; said notice being deemed given, if by mail, as of the earlier of four (4) calendar days after mailing or the date when actually received, or, if by email or fax, when sent), specifying the reason for Termination For Cause or Constructive Termination, as applicable, and providing a period of thirty (30) calendar days to cure the fault or reason specified. Lacking such cure within said thirty (30) calendar days, or if the notified party earlier refuses to effect the cure, the Termination For Cause or Constructive Termination, as applicable, shall then be deemed effective. If such cure is so made, the Termination For Cause or Constructive Termination, as applicable, shall not then be deemed effective, but any later conduct of a similar nature constituting a reason for Termination For Cause or Constructive Termination, as applicable, shall allow the Company or Executive, as the case may be, the right to cause the Termination For Cause or Constructive Termination, as applicable, to become effective without need for any further period of time to cure. All communications shall be sent to the address as set forth on the signature page hereof, or to such other address as a party may designate by ten (10) calendar days’ advance written notice to the other party hereto.

Notice and Remedy. The Party affected by the Event of Force Majeure shall: (a) give written notice to the other Party, as soon as practicable after the occurrence of the Force Majeure, demonstrating that the Event of Force Majeure in question has reasonably prevented or delayed the affected Party's fulfilment of its obligations and stating the anticipated extent and likely duration of the Event of Force Majeure in question; (b) provide to the other Party a report, at least every month, in relation to the steps it is taking in accordance with Clause 10.3(c) and an update of the likely duration of the Event of Force Majeure; and (c) take all reasonable steps to minimise the impact of the Event of Force Majeure and, to remedy the effects of the Event of Force Majeure as soon as reasonably possible.

Notice and Remedy. The Party claiming the excuse of Section 13.1 (a) shall: i. notify the other Party of the Force Majeure Event within a reasonable time after its occurrence, giving reasonably full particulars and its best estimate of the time required to remedy the Force Majeure Event; ii. keep the other Party informed of all significant developments; iii. exercise diligence in good faith to remedy the Force Majeure Event and resume full performance under this Agreement as soon as reasonably practicable (except that the settlement of strikes, lockouts, or other labor disputes or the restoration of a failed Gas well shall be entirely within the discretion of the affected Party); and iv. if the Party claiming the Force Majeure Event estimates that the Force Majeure Event will not be remedied for twelve (12) Months or more, the other Party may terminate this Agreement on sixty (60) Days notice.

Notice and Remedy. (i) If either party is delayed or rendered unable to perform due to Force Majeure, the affected party shall give written notice of the same and its expected duration to the other party promptly after the occurrence of the cause relied upon, and upon the giving of such notice the obligations of the parties shall be suspended during the continuance of the Force Majeure (other than the obligation of AGIX to make the payments to be made to ISP hereunder); provided, however, such party shall take reasonable steps to remedy the Force Majeure with all reasonable dispatch. The requirement that Force Majeure be remedied with all reasonable dispatch shall not require the settlement of strikes, lockouts or other labor problems. (ii) If, by reason of any of the foregoing contingencies or of national emergency, the quantities of any materials used in the production of API and/or Product, reasonably available to ISP, shall be equal to or less than ISP's total needs for the same, ISP may use its available supply of such materials on any basis ISP deems fair and practical, including, but not limited to, ISP's own internal uses, without liability for any failure to perform this Agreement that may result therefrom.

Notice and Remedy. In the event that any reason for termination by the Company under paragraph C.2(a) above may be cured by Executive, then the Company shall first give a written notice to the Executive (by mail, or by email, or by fax, to the last known address of the recipient; said notice being deemed given, if by mail, as of the earlier of four days after mailing or as of the date when actually received, or, if by email or fax, when sent), specifying the reason for termination and providing a period of 30 days to cure the fault or reason specified. Lacking such cure within said 30 days, or if the notified party earlier refuses to effect the cure, the termination shall then be deemed effective. If such cure is so made, the termination shall not then be deemed effective, but any later conduct of a similar nature constituting a reason for termination shall allow the Company the right to cause the termination effectiveness without need for any further period of time to cure. All communications shall be sent to the address as set forth on the signature page hereof, or to such other address as a party may designate by ten days’ advance written notice to the other party hereto.

Notice and Remedy. The Executive cannot initiate a Constructive Termination unless he has provided written notice to the Company (by mail, email, or fax, to the last known address of the Company; said notice being deemed given, if by mail, as of the earlier of four days after mailing or as of the date when actually received, or, if by email or fax, when sent) of the existence of the circumstances providing grounds for Constructive Termination within 30 days of the initial existence of such grounds and the Company has had at least 30 days from the date on which such notice is provided to cure such circumstances. If the Executive does not terminate his employment within 30 days after the expiration of the Company’s cure period, then the Executive will be deemed to have waived his right to Constructive Termination with respect to such grounds. All communications shall be sent to the address as set forth on the signature page hereof, or to such other address as a party may designate by ten days’ advance written notice to the other party hereto.