Common use of Termination for Material Breach Clause in Contracts

Termination for Material Breach. Upon any material breach or default of this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3, the other Party shall have the right to terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving thirty (30) days notice to the breaching Party. Such termination shall become effective upon the expiration of such thirty (30)-day period unless the breaching Party shall have cured any such breach or default prior to the expiration of such thirty (30) day period.

Termination for Material Breach. Upon any breach of a material breach or default provision of this Agreement by either a Party (the “Breaching Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3”), the other Party shall have (the right to “Non-Breaching Party”) may terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving thirty by providing ninety (3090) days written notice to the breaching PartyBreaching Party specifying the material breach. Such The termination shall become effective upon at the expiration end of such thirty (30)-day the notice period unless the breaching Breaching Party shall have cured any cures such breach or default prior during such notice period. Ikaria may terminate this Agreement pursuant to this Section 8.2 immediately upon any termination of the expiration of such thirty (30) day periodBGN License Agreement.

Termination for Material Breach. Upon any material breach or default of this Agreement by either Party (in such capacity, the “Breaching Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3”), the other Party shall have the right to may terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving thirty by providing sixty (3060) days days’ written notice to the breaching Breaching Party, specifying the material breach. Such The termination shall become effective upon at the expiration end of such thirty the sixty (30)-day 60) day period unless the breaching Breaching Party shall have cured any cures such breach or default prior to the expiration of during such thirty sixty (3060) day period.

Termination for Material Breach. Upon any material breach or default of Each Party may terminate this Agreement with immediate effect by either delivering notice of the termination to the other Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3, if the other Party shall have the right fails to terminate this Agreement perform, has made or makes any inaccuracy in, or otherwise materially breaches, any of its obligations, covenants, or representations, and the rightsfailure, privileges and licenses granted hereunder upon giving inaccuracy, or breach continues for a period of thirty (30) days after the non-breaching Party delivers notice to the breaching Party. Such termination shall become effective upon Party reasonably detailing the expiration of such thirty (30)-day period unless the breaching Party shall have cured any such breach or default prior to the expiration of such thirty (30) day periodbreach.

Termination for Material Breach. Upon any Either party may terminate this Agreement effective upon sixty (60) days prior written notice to the other party, if the other party commits a material breach or default of this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject fails to Section 2.4.3, the other Party shall have the right to terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving thirty (30) days notice to the breaching Party. Such termination shall become effective upon the expiration of such thirty (30)-day period unless the breaching Party shall have cured any cure such breach or default prior to by the expiration end of such thirty (30) day period.

Termination for Material Breach. Upon any material breach or default of this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3, the other Party shall have the right to Either party may terminate this Agreement and immediately upon written notice for the rightsmaterial breach of this agreement by the other party, privileges and licenses granted hereunder upon giving which material breach has remained uncured for period of thirty (30) days from the date of delivery of written notice thereof to the breaching Party. Such termination shall become effective upon the expiration of such thirty (30)-day period unless the breaching Party shall have cured any such breach or default prior to the expiration of such thirty (30) day periodparty.

Termination for Material Breach. Upon any material breach or default of If a Party materially breaches this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3Agreement, the other Party shall have the right to may terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving thirty effective ninety (3090) days after providing written notice to the breaching Party. Such termination shall become effective upon the expiration of such thirty (30)-day period unless , if within that time the breaching Party shall have cured any such fails to cure its material breach or default prior to and the expiration of such thirty (30) day periodnon-breaching Party does not withdraw its termination notice.

Termination for Material Breach. Upon any If either Party is in material breach or default in the performance of any of its obligations under this Agreement by either (the “Breaching Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3”), the other Party shall have (the right to “Complaining Party”) may terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving thirty (30) days days’ prior written notice (the “Notice Period”) to the breaching Breaching Party. Such , specifying the breach and its claim of right to terminate, provided that the termination shall not become effective upon at the expiration end of such thirty (30)-day period unless the breaching Notice Period if the Breaching Party shall have cured any such cures the breach or default prior to during the expiration of such thirty (30) day periodNotice Period.

Termination for Material Breach. Upon any material breach or default of this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3, the other Either Party shall have the right to may terminate this Agreement and immediately upon written notice for the rightsmaterial breach of the other Party, privileges and licenses granted hereunder upon giving which material breach has remained uncured for a period of thirty (30) days from the date of delivery of written notice thereof to the breaching Party. Such termination shall become effective upon the expiration of such thirty (30)-day period unless the breaching Party shall have cured any such breach or default prior to the expiration of such thirty (30) day period.

Termination for Material Breach. Upon Either party may terminate this Agreement at any time in the event that the other party is in material breach of any material breach or default provision of this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject fails to Section 2.4.3, the other Party shall have the right to terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving thirty cure such breach within fifteen (3015) days following receipt of written notice from the non-breaching party of such breach, with such termination to be effective immediately upon written notice to the breaching Party. Such termination shall become effective upon the expiration of such thirty (30)-day period unless the breaching Party shall have cured any such breach or default prior to the expiration of such thirty (30) day periodparty.

Termination for Material Breach. Upon any Without limiting Section 6.2, either party may terminate this Agreement if the other party does not cure its material breach or default of this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, within 30 days of receiving written notice of the material breach from the non-breaching party and subject to Section 2.4.3, the other Party shall have the right to terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving thirty (30) days notice to such termination will take effect when the breaching Party. Such party receives written notice of termination shall become effective upon from the expiration of such thirty (30)-day period unless the non-breaching Party shall have cured any such breach or default prior to the expiration of such thirty (30) day period.party

Termination for Material Breach. Upon any material breach or default of If a Party materially breaches this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3Agreement, the other Party shall have the right to may terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving thirty effective sixty (3060) days after providing written notice to the breaching Party. Such termination shall become effective upon the expiration of such thirty (30)-day period unless , if within that time the breaching Party shall have cured any such fails to cure its material breach or default prior to and the expiration of such thirty (30) day periodnon-breaching Party does not withdraw its termination notice.

Termination for Material Breach. Upon any material breach or default of this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3, the other Party shall have the right to may terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving thirty by providing sixty (3060) days days’ written notice to the breaching Party, specifying the material breach. Such The termination shall become effective upon at the expiration end of such thirty the sixty (30)-day 60) day period unless the breaching Party shall have cured any cures such breach or default prior to the expiration of during such thirty sixty (3060) day period.

Termination for Material Breach. Upon any material breach or default of this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3, the other Party shall have the right to may terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving thirty by providing sixty (3060) days days’ prior written notice to the breaching Party, specifying the material breach. Such The termination shall become effective upon at the expiration end of such thirty the sixty (30)-day 60) day period unless the breaching Party shall have cured any cures such breach or default prior to the expiration of during such thirty sixty (3060) day period.

Termination for Material Breach. Upon any Either Party may terminate this Agreement in its entirety for the other’s material breach or default of this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3, the other Party shall have the right to terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving that is not cured within thirty (30) days following written notice from the non-breaching Party to the breaching PartyParty specifying such breach. Such Any such termination shall become be effective upon at the expiration of such thirty (30)-day period unless the breaching Party shall have cured any such breach or default prior to the expiration end of such thirty (30) day period.

Termination for Material Breach. Upon any material breach or default of this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3, the other Party shall have the right to may terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving thirty by providing sixty (3060) days days’ written notice to the breaching Party, specifying the material breach. Such The termination shall become effective upon at the expiration end of such thirty the sixty (30)-day 60) day period unless unless. (a) the breaching Party shall have cured any cures such breach during that period, or default prior (b) the Parties agree to continue the expiration of such thirty (30) day periodAgreement despite the breach. Any dispute as to whether a material breach has occurred shall be resolved by binding arbitration.

Termination for Material Breach. Upon any material breach or default of this Agreement by either a Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3, the other Party shall have the right to may terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving by providing a thirty (30) days days’ written notice to the breaching Party, specifying the material breach. Such The termination shall become effective upon at the expiration end of such the thirty (30)-day 30) days’ period unless the breaching Party shall have cured any cures such breach or default prior to the expiration of during such thirty (30) day days’ period.

Termination for Material Breach. Upon any material breach or default of this Packaging Agreement by either Party (the "Breaching Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3"), the other Party shall have (the right to terminate this Agreement and the rights"Non-Breaching Party") may, privileges and licenses granted hereunder upon giving by providing thirty (30) days days' written notice to the breaching Breaching Party, terminate this Packaging Agreement. Such The termination shall become effective upon at the expiration end of such thirty (30)-day the notice period unless the breaching Breaching Party shall have cured any cures such breach or default prior during such notice period. Notwithstanding the foregoing, if such breach, by its nature, is incurable, the Non-Breaching Party may terminate this Packaging Agreement immediately upon written notice to the expiration of such thirty (30) day periodBreaching Party.

Termination for Material Breach. Upon Either party may terminate this Agreement, at any material breach or default time, by giving the other written notice if the other: (i) materially breaches any term of this Agreement and fail to remedy such breach within 30 (thirty) days of being requested in writing by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3, the other Party shall have party. Notwithstanding anything to the right to contrary Participation Agreements will terminate on the same date as this Agreement and unless terminated earlier in accordance with the rights, privileges and licenses granted hereunder upon giving thirty (30) days notice to provisions of the breaching Party. Such termination shall become effective upon the expiration of such thirty (30)-day period unless the breaching Party shall have cured any such breach or default prior to the expiration of such thirty (30) day periodrespective Participation Agreement.

Termination for Material Breach. Upon any breach of a material breach or default provision of this Agreement by either a Party (the “Breaching Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3”), the other Party shall have (the right to “Non-Breaching Party”) may terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving thirty by providing ninety (3090) days written notice to the breaching PartyBreaching Party specifying the material breach. Such termination shall become effective upon at the expiration end of such thirty (30)-day the notice period unless the breaching Breaching Party shall have cured any cures such breach or default prior to the expiration of during such thirty (30) day notice period.

Termination for Material Breach. Upon any In addition to the termination rights provided to the parties under Paragraphs5.2 and 5.3 of this Agreement, either party may terminate this Agreement due to the other party’s material breach or default of this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3, the other Party shall have the right to terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving if such breach is not cured within thirty (30) days following written notice of such breach to the breaching Party. Such termination shall become effective upon the expiration of such thirty (30)-day period unless the breaching Party shall have cured any such breach or default prior to the expiration of such thirty (30) day periodparty.

Termination for Material Breach. Upon any material breach or default of this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3, the other Party shall have the right to Either party may terminate this Agreement and immediately upon written notice for the rightsmaterial breach of the other party, privileges and licenses granted hereunder upon giving thirty which material breach has remained uncured for period of forty-five (3045) days from the date of delivery of written notice thereof to the breaching Party. Such termination shall become effective upon the expiration of such thirty (30)-day period unless the breaching Party shall have cured any such breach or default prior to the expiration of such thirty (30) day periodparty.

Termination for Material Breach. Upon any material breach or default of this Agreement by either Party (in such capacity, the “Breaching Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3”), the other Party shall have the right to may terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving by providing thirty (30) days written notice to the breaching Breaching Party, specifying the material breach. Such The termination shall become effective upon at the expiration end of such the thirty (30)-day 30) day period unless the breaching Breaching Party shall have cured any cures such breach or default prior to the expiration of during such thirty (30) day period.

Termination for Material Breach. Upon any material breach or default of under this Agreement by either Party (the "Breaching Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3"), the other Party shall have (the right to "Non-Breaching Party") may terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving thirty by ninety (3090) days days' written notice to the breaching Breaching Party, specifying the material breach, default or other defect. Such The termination shall become becomes effective upon at the expiration end of such thirty the ninety (30)-day 90) day period unless the breaching Breaching Party shall have cured any such cures the breach or default prior to during the expiration of such thirty ninety (3090) day period. The Parties will use best efforts to work together to cure any breach.

Termination for Material Breach. Upon Each party may terminate this agreement with immediate effect by delivering notice of the termination to the other party, if • the other party fails to perform, has made or makes any material breach inaccuracy in, or default otherwise materially breaches, any of this Agreement by either Partyits obligations, other than as set forth in Sections 8.1 covenants, or 8.2 aboverepresentations, and subject to Section 2.4.3• the failure, inaccuracy, or breach continues for a period thirty days after the other Party shall have the right to terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving thirty (30) days injured party delivers notice to the breaching Party. Such termination shall become effective upon party reasonably detailing the expiration of such thirty (30)-day period unless the breaching Party shall have cured any such breach or default prior to the expiration of such thirty (30) day periodbreach.

Termination for Material Breach. Upon any material breach or default of this Agreement Agreement, including without limitation any payment default hereunder, by either Party (in such capacity, the “Breaching Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3”), the other Party shall have the right to may terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving thirty (30) days by providing 30 days’ written notice to the breaching Breaching Party, specifying the material breach. Such The termination shall become effective upon at the expiration end of such thirty (30)-day the 30 day period unless the breaching Breaching Party shall have cured any cures such breach or default prior to the expiration of during such thirty (30) day period.

Termination for Material Breach. Upon any material breach or default of this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3, the other A Party (“non-breaching party”) shall have the right to terminate this Agreement and in the rights, privileges and licenses granted hereunder upon giving thirty event the other Party (30“breaching party”) days is in material breach of any of its material obligations under this Agreement. The non-breaching party shall provide written notice to the breaching Partyparty. Such termination shall become effective upon the expiration of such thirty (30)-day period unless the The breaching Party party shall have cured any a period of 30 days after such written notice to cure such breach, or to provide a timeline to cure such breach or default prior to the expiration satisfaction of the non-breaching party. If such thirty (30) breach is not cured within the 30 day periodperiod or in accordance with the timeline, this Agreement shall effectively terminate.

Termination for Material Breach. Upon Either Party may terminate this Agreement at any time upon or after the material breach or default of this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3, the other Party shall have the right to terminate this Agreement and the rights, privileges and licenses granted hereunder upon giving thirty (30) days by providing written notice thereof to the breaching Party. Such termination shall become effective In addition, Akebia may terminate this Agreement at any time upon or after a material breach by Consultant of any Separation Agreement entered into by the expiration of such thirty (30)-day period unless Parties after the breaching Party shall have cured any such breach or default prior to the expiration of such thirty (30) day periodEffective Date.

Termination for Material Breach. Upon any Either Party may terminate this Agreement immediately in the event of a material breach or default of this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3, the other Party shall have the right (other than with respect to terminate this Agreement those specific material breaches identified in Section 12.2.2 and the rights, privileges and licenses granted hereunder upon giving thirty (30) days notice to the breaching Party. Such termination shall become effective upon the expiration of such thirty (30)-day period unless Section 12.2.3); provided that the breaching Party shall have cured any has received written notice from the non-breaching Party of such breach, specifying in reasonable detail the particulars of the alleged breach and such breach has not been cured within ninety (90) days following the date of the relevant notice (or default prior to such longer period, as may be mutually agreed by the expiration of such thirty (30) day periodParties).

Termination for Material Breach. Upon any material breach or default of this Agreement by either Party, other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3, the other Either Party shall have the right to terminate this Agreement and in the rights, privileges and licenses granted hereunder upon event that the other Party commits a material breach of this Agreement by giving thirty (30) days written notice of such breach to the breaching Party. Such termination Termination shall become be effective upon ninety (90) days after the expiration giving of such thirty (30)-day period notice unless the breaching Party shall have cured any has remedied the breach within such breach or default prior to the expiration of such thirty ninety (3090) day period.