material breach

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  • noun

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a breach serious enough to destroy the value of the contract and to give a basis for an action for breach of contract

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References in periodicals archive ?
James Dunford said, Iran "is not in material breach of" the deal, known as the Joint Comprehensive Plan of Action (JCPOA), and affirmed that its implementation has "delayed the development of a nuclear capability by Iran.
15) In June 2013, however, the court announced that the elements of a breach of contract claim were "(1) a valid contract, (2) a material breach, and (3) damages" in Havens v.
The inspector will record the time they have spent identifying the material breach, helping you to put it right, investigating and taking enforcement action.
In the judgment of the Department of Defense, you are in material breach and violation of the nondisclosure agreements you signed.
At [pounds sterling]124 per hour to investigate a material breach, with costs including administration and travel, it is estimated that the costs could potentially escalate into the [pounds sterling]1000's per incident.
According to the agreement, the joint venture will have exclusive operating rights for an initial term of eight years, from 1 July this year through to 30 June 2020, and this is expected to be extended for a further eight years unless there is material breach of the agreement.
Without proof of material breach Starbucks' only legitimate termination mechanism is to pay Kraft fair market value for the business, plus a premium.
The settlement is related to the dispute about material breach of the contract for a vessel between the two companies.
Elan said it had received a letter from Biogen dated July 28, alleging that Elan is in material breach of a collaboration agreement between the two companies.
Securities and Exchange Commission filing, Intel believes AMD has "committed a material breach of the cross license", a charge that AMD denied on Monday saying that Intel has no right to terminate rights and licenses covered by the agreement.
Trout claimed that the failure to timely file the 1999 return was not a material breach and that because it was not a material breach, the OIC was still in effect under general principles of contract law.
The suit alleges material breach of contract and seeks damages, charging Cordis with failing to make "commercially reasonable" efforts to develop CCI 779-a drug analogous to sirolimus--as required under their agreement.
Due to concerns the service arrangements constituted a material breach of grant conditions, funding was suspended, pending the conclusion of the investigation.
Last week, a Westchester County Judge awarded Trump more than $4 million on the grounds that Columbus Construction Corporation left the project without "just cause and constituted a material breach of contract.
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