Upon the occurrence of an uncured breach or default under this Agreement, this Agreement shall be terminated and the non-defaulting Party may pursue any and all available legal or equitable remedies. If the parties have expressly defined what they mean by material breach, then this should not give rise to much uncertainty if the crunch comes, and one party wishes to terminate. If one party fails to perform, blocks the other party from performing, or otherwise violates the terms of the contract without a legal justification, they have breached the contract and the contract can be terminated. In analyzing this solution, this article argues that article 7 (1)’s good faith requirement obliges the parties. Under the terms of any contract, both parties have an obligation to perform according to the contract. If the nature of the alleged breach is such that it cannot reasonably be cured within such 10- day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure within such 10-day period. This article attempts to provide parties and judges with an alternative solution to interpreting articles 25 and 49: Determining the existence of a fundamental breach by evaluating the success of the parties’ own attempts to cure.
The term 'appointment' seems strange to me as well. If possible, check with the organisation that created the contract. If the other party breaches a condition of the contract, you may be able to repudiate the contract to terminate it and claim damages for your loss - or to. Any notice given pursuant to the preceding sentence shall specify the nature of the alleged breach and, where appropriate, the manner in which said breach satisfactorily may be cured. If, after ten days, the breach has not been remedied, fixed, cured, the 'appointment' may be terminated. Article 49(1) of the CISG allows buyers of international goods to avoid their sales contracts if the failure by the seller to perform.
#CURE A BREACH MEANING LICENSE#
Breach and Cure. Any material failure by any Party to perform any term or provision of this Agreement, which breach continues uncured for a period of ten (10) days following written notice of such failure from the non- defaulting Party, unless such period is extended by written mutual consent, shall constitute a default under this Agreement. 8.4Termination With Notice and Right to Cure.In the event of the failure by the Licensee to perform or observe any material term or covenant or agreement contained in this Agreement or in the event of the breach of or default in anyresponsibility or obligation of License hereunder, other than those specified in 8.3, CKI may terminate the License and the other rights granted to the Licensee. Cure or quit is a notice given to tenants to stop violating a clause of their lease agreement.
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