#Define material breach license#

In the event of such a breach, the County may, in its discretion, exercise any or all remedies available under this Agreement and at law. We do not carry a definition of ‘material breach’ per se, as a definition of such term would have to be individually drafted to reflect the detail of the particular contract. “Failure to comply with any part of this Section shall constitute a material breach of this Agreement. A breach is material if, as a result of the breaching partys failure to perform some aspect of the contract, the other party receives something substantially. “In the event either party materially breaches this Agreement and such breach is not cured to the reasonable satisfaction of the non-breaching party within sixty (60) days after the non- breaching party serves written notice of the default upon the defaulting party (the 'Default Notice'), the Agreement shall automatically terminate at the election of the non-breaching party upon the giving of a written notice of termination to the defaulting party not later than fifteen (15) days after termination of the 60-day cure period provided that if such uncured breach is only capable of being cured within a reasonable period of time in excess of sixty (60) days, the non-breaching party shall not be entitled to terminate this Agreement so long as the defaulting party has commenced such cure and thereafter diligently pursues such cure to completion.” “Non-payment of rent shall be deemed to be material breach of contract…” “In the event of material breach of the XYZ’s obligations under this Article, ABC may immediately terminate this Agreement as set forth herein…”

This eases things out in case of occurrence of any breach. Not only that, it is also important to outline the manner in which such material breach, if it occurs, shall be resolved, together with proper timelines. It is very important to specify clearly what constitutes a material breach of contract.

#Define material breach license#

If a leave and license agreement is executed and the licensee stops paying the rent to the licensor, such non-payment shall be material breach of contract.ĭrafting Material Breach Clause in Agreements: If the buyer completes has paid the seller, but the seller suddenly decides not to sell, then this would be considered a material breach of contract. It is also referred as Fundamental Breach. In such case of a material breach, the suffering party can simply end the agreement and go to court to collect damages caused by the breach. The breach must go to the very root of the agreement between the parties for it to be called material breach. In contract law, a 'material' breach of contract is a breach (a failure to perform the contract) that strikes the very center of the contract and defeats the whole purpose of making the contract in the first place.