name / content

name: Breach of Agreement

Breach of Agreement. Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;
Breach of Agreement. Failure by the party to comply with or perform any agreement or obligation under this Addendum if such failure is not remedied on or before the third business day after notice of such failure is given to the Defaulting Party:
Breach of Agreement. Morrison agrees that in the event Morrison breaches any provision of this Agreement, PMSC shall be entitled, in addition to any other remedies it may have under this Agreement, to offset, to the extent of any liability, loss, damage or injury from such breach, any payments due to Morrison pursuant to his employment with PMSC.
Breach of Agreement. Notwithstanding any other provision of the Plan or any other agreement, in the event that a Participant shall breach any non competition agreement with the Company the balance in such Participant's Bonus Bank shall be forfeited.
Breach of Agreement. Neither any Seller nor DAP shall take any action which, if taken on or prior to the Closing Date, would constitute a breach of this Agreement.
Breach of Agreement. In addition to any other remedy available to the Company in the event of a material breach by the Executive of any of the covenants set forth in this Agreement, the Company's obligation to pay the Executive any incentive payouts, deferred compensation, termination allowance, or other benefits accrued but unpaid as of the date of such breach (except any vested rights the Executive may have under a Company Profit Sharing Retirement Plan), if any, shall terminate, as will the Executive's right to exercise any unexercised stock options.
BREACH OF AGREEMENT. Notwithstanding any other provision of the Plan or any other agreement, in the event that a Participant shall breach any non competition agreement or provision relating to the Company or breach any agreement with respect to the post employment conduct of such Participant, including those contained in any benefit or incentive plan or award, the Bonus Bank held by such Participant shall be forfeited.
Breach of Agreement. The failure by the Borrower to perform or observe any written representation, warranty or agreement provided to Lender.
BREACH OF AGREEMENT. Failure by the party to comply with or perform any agreement obligation (other than an obligation to pay any amount required to be paid by it under this Agreement or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;
Breach of Agreement. If the GE Parties shall breach in any material respect any of their obligations under this Agreement or any of their representations and warranties under this Agreement (other than obligations, representations and warranties the breach of which is otherwise addressed in this Section 8.3), and fail to cure such breach within thirty (30) days after delivery of written notice thereof by FACS to either GE Party.
Breach of Agreement. In the event of any breach of this Agreement by any signing party, the non breaching party shall be entitled to recover any damages, costs and expenses it may incur, including actual attorneys' fees, costs and expenses in preparing the defense, defending against or pursuing an action to enforce the terms of this Agreement, or establishing or maintaining the applicability or validity of this Agreement or any provision thereof.
Breach of Agreement. If GE Capital shall breach any of its obligations under this Agreement or any of its representations and warranties under this Agreement (other than obligations, representations or warranties the breach of which is otherwise addressed in this Section 8.1) and such breach has a Material Adverse Effect and is not cured within thirty (30) days after delivery of written notice thereof by any FDS Party to GE Capital.
BREACH OF AGREEMENT. (a) In the event of any material breach by you of any provision of Section 7, 8, 9 or 10 of this Agreement, which breach, if susceptible to cure, is not cured by you in accordance with Section 11(b) below, the Company will cease to have any obligation to make payments or provide benefits to you under this Agreement.
Breach of Agreement. In addition to any other remedy available to the Company in the event of a breach by the Executive of any of the covenants set forth in paragraphs 5(f) or 6, or in the event the Executive is terminated for Cause pursuant to paragraph 5(d) of this Agreement, the Company's obligation to pay the Executive any incentive payouts, deferred compensation, termination allowance, or other benefits accrued but unpaid as of the date of such breach (except any earned but unpaid wages and any vested rights the Executive may have under a Company Profit Sharing Retirement Plan), if any, shall terminate, as will the Executive's right to exercise any unexercised stock options.
Breach of Agreement. In the event that Employee breaches in any material respect, or fails to comply in any material respect with, any of the provisions of this Agreement, Employer shall, upon thirty (30) days prior written notice to Employee specifying the nature of such breach or failure to comply, have the right to terminate this Agreement and Employee's employment hereunder, (i) if Employee fails to cure such breach or failure to comply, if curable, within thirty (30) days after the giving of such notice; and (ii) upon the expiration of such thirty (30) day period if such breach or failure to comply cannot be cured.
Breach of Agreement. A Partner breaches or fails to comply in any material respect with any other provision of this Agreement or the Construction and Operating Agreement (including, without limitation, the occurrence of any of the events set forth in Section 6.5 of the Construction and Operating Agreement) and such failure continues for (a) more than sixty (60) days following written notice thereof from the other Partner, or (b) if such breach or failure can upon diligent effort be cured only upon a longer period than sixty (60) days, such Partner fails following receipt of such notice to diligently pursue cure of such breach or failure and to give monthly reports of the steps being taken to cure such breach or failure to the other Partner or in any event such ...
Breach of Agreement. The failure by the Borrowers to perform any agreement contained in any of the Loan Documents; or
Breach of Agreement. If FACS shall breach any of its obligations under this Agreement or any of its representations and warranties under this Agreement (other than obligations, representations or warranties the breach of which is otherwise addressed in this Section 8.1) and such breach has a Material Adverse Effect and is not cured within thirty (30) days after delivery of written notice thereof by either GE Bank or GE Capital to FACS.
Breach of Agreement. Either party may terminate this Agreement by delivery of written notice to the other party if the other party breaches any of the terms and conditions of this Agreement; provided, however, if the breach is curable such notice shall not be effective unless and until such breach remains uncured for a period of sixty (60) days after delivery of such notice.
Breach of Agreement. Either party may terminate this Agreement for breach upon thirty (30) days advance written notice. In addition, in the event that Dialysis Center breaches any provision of this Agreement, Amgen shall have no obligation to continue to offer the terms described herein or pay any further discounts to Dialysis Center.