Other Failure to Perform Clause Samples
The 'Other Failure to Perform' clause defines the consequences and procedures that apply when a party fails to fulfill its contractual obligations for reasons not specifically addressed elsewhere in the agreement. Typically, this clause outlines the steps the non-breaching party may take, such as providing notice of the failure and allowing a cure period, or pursuing remedies like damages or termination if the breach is not remedied. Its core function is to ensure that all types of non-performance are covered, providing a safety net for unanticipated breaches and promoting accountability between the parties.
Other Failure to Perform. Failure to perform any other provision of this Lease if the failure to perform is not cured within ( ) days after written notice of such default has been given by Landlord to Tenant. If the default cannot reasonably be cured within ( ) days, then Tenant shall not be in default under this Lease if Tenant commences to cure the default within ( ) days and diligently and in good faith continues to cure the default; provided, however, that if such default is of a nature such that it cannot be cured within ( ) days, Tenant shall obtain the written approval of Landlord and the Trustee to continue its efforts to cure such default following the ( ) day cure period. A Permitted Termination Event shall not constitute an Event of Default.
Other Failure to Perform. The Recipient fails to perform and/or comply with any covenant or condition under this Agreement, including but not limited to failure to use the funding provided under this Agreement solely for Project costs.
Other Failure to Perform. The failure by either the Sheriff/County or the District to perform and/or comply with any term, covenant or condition required under this Agreement.
Other Failure to Perform. Failure to perform any other material provision of this Ground Lease if the failure to perform is not cured within thirty (30) business days after written notice of such default has been given by Ground Lessor and the College to the Ground Lessee, or by Ground Lessee to the College and Ground Lessor. If the default cannot reasonably be cured within thirty (30) business days, then no Party shall be in default under this Ground Lease if the Party commences to cure the default within thirty (30) business days and diligently and in good faith continues to cure the default.
Other Failure to Perform. If Mortgagor fails fully, faithfully or punctually perform or comply with any other obligation on the part of Mortgagor to be performed or complied with pursuant to any Loan Document including, without limitation, the Note and the Loan Agreement (except as described in the preceding paragraphs (a) through (g)) and such failure continues for the lesser of (i) thirty (30) days after Mortgagee has given Mortgagor written notice thereof (unless such default cannot with due diligence be cured within thirty (30) days but can be cured within a reasonable period, in which case no Event of Default shall be deemed to exist so long as Mortgagor shall have commenced to cure the default within thirty (30) days after receipt of notice, and thereafter diligently and continuously prosecutes such cure to completion) or (ii) such period of time, if any, as is set forth with respect to such failure in any other Loan Document; or
Other Failure to Perform. In the event of any failure by Company to; (a) perform any material provision of this Agreement, Georgetown may terminate this Agreement and the license(s) granted under this Agreement if such failure is curable but is not cured within thirty (30) days of written notice thereof or (b) meet the Milestones set forth on Schedule C or timely notify Georgetown of any substantial change in Development Plan pursuant to Section 5.5 and such failure is not cured within thirty (30) days of written notice thereof. Notwithstanding the foregoing, if there is a failure to meet any Milestone and such failure is curable but is not reasonably likely to be cured through the exercise of due diligence within sixty (60) days of the required written notice, then Georgetown, at its sole discretion, may approve extending the time for cure (the extension not to exceed ninety (90) days) for the time reasonably necessary to effect the cure, provided that Company promptly commences to cure within said period and maintains such efforts until such failure is cured.
Other Failure to Perform. Under this Agreement. The failure of any party to perform any other material term or obligation contained in this Agreement other than those set forth in Section 12.3.3.
Other Failure to Perform. In the event of any undisputed material breach or default of this Agreement (other than those covered by another subsection of this Article 12.2) and subject to Article 5.4 with regard to the Development Plan, Georgetown may terminate this Agreement and the license(s) granted under this Agreement, if the failure is not cured within sixty (60) days of written notice thereof. However, if that failure cannot be cured by the exercise of due diligence within sixty (60) days, then the time for cure shall be extended for additional thirty (30) day periods upon written requests by Company as reasonably necessary to effect the cure (such total extension not to exceed ninety (90) days), provided that Company promptly commences to cure within said period and at all times thereafter proceeds diligently to cure the failure.
Other Failure to Perform. If Mortgagor fails to perform and comply with ------------------------ any other covenant or condition on the part of Mortgagor in any Loan Document (other than for nonpayment asset forth in Paragraph "2.1(a)") and except as otherwise set forth herein, such failure continues for thirty (30) days after Mortgagee has given Mortgagor written notice thereof (unless such default cannot with due diligence be cured within thirty (30) days but can be cured within a reasonable period thereafter, in which case no Event of Default shall be deemed to exist so long as Mortgagor shall have commenced to cure the default within thirty (30) days after receipt of notice, and thereafter diligently and continuously prosecutes such cure to completion to the sole satisfaction of Mortgagee); or
Other Failure to Perform. In the event of any non-payment breach, default, or other failure by Company or a Company Affiliate to perform any material provision of this Agreement (other than those covered by another subsection of this Section 10.2), University may terminate this Agreement and the license(s) granted under this Agreement, if the breach, default, or other failure is not cured within the time period set forth in a relevant Section of this Agreement, or if none is so stated, within sixty (60) days of written notice thereof. However, if it cannot be cured by the exercise of due diligence within sixty (60) days, then the time for cure shall be extended for the time reasonably necessary to effect the cure (the extension not to extend past one hundred fifty (150) days from the written notice), provided that Company promptly commences to cure within said period and at all times thereafter proceeds diligently to cure the default or breach; provided, however, that this extension shall not apply with respect to any failure to perform the requirements of Section 4.4 (Milestones).