Common use of Performance Default Clause in Contracts

Performance Default. Failure by a Party to perform any of its material duties or obligations under this Agreement (other than any failure for which a sole remedy is provided in this Agreement and any failure which is separately listed as a Default of Seller under this Section 13.1) that is not cured within thirty (30) days after receipt of notice thereof from the other Party; provided that if such failure cannot be cured within such thirty (30) day period despite reasonable commercial efforts and such failure is not a failure to make a payment when due, such Party shall have up to ninety (90) days to cure.

Performance Default. Failure by a Party to perform any of its material duties or obligations under this Agreement (other than any failure for which a sole remedy is provided in this Agreement and any failure which that is separately listed as a Default of Seller under this Section 13.1) that is not cured within thirty (30) days after receipt of notice thereof from the other Party; provided that if such failure is curable, but cannot be cured within such thirty (30) day period despite reasonable commercial efforts and such failure is not a failure to make a payment when due, such Party shall have up to ninety (90) days to cure.thirty

Performance Default. Failure by a Party to perform any of its material duties or obligations under this Agreement (other than any failure for which a sole remedy is provided in this Agreement and any failure which is separately listed as a Default of Seller under this Section 13.1) that is not cured within thirty (30) days after receipt of notice thereof from the other Party; provided that if such failure cannot be cured within such thirty (30) day period despite reasonable commercial efforts and such failure is not a failure to make a payment when due, such Party shall have up to ninety sixty (9060) additional days to cure.

Performance Default. Failure by a either Party to perform any of its material duties or obligations under this Agreement when and as due (other than the failure to make any failure for payment) which a sole remedy is provided in this Agreement and any failure which is separately listed as a Default of Seller under this Section 13.1) that is not cured within thirty (30) calendar days after receipt of written notice thereof from the other Party; Party hereto, provided that if such failure cannot be cured within such thirty (30) day period period, despite reasonable commercial efforts and such failure is not a failure to make a payment when dueefforts, such Party shall have up to ninety (90) calendar days to cure.