Common use of Breach and Cure Clause in Contracts

Breach and Cure. a. In addition to applicable legal standards, Company shall be deemed to be in material breach of this Agreement for: (i) failure to pay fully and promptly amounts due pursuant to Section 4 (including without limitation, the minimum royalties under subsection b(ii)(B) thereof and any payments required under subsection h thereof) and payable pursuant to Section 5; (ii) failure of Company to meet any of its obligations under Section 6 of this Agreement; (iii) failure to comply with governmental requests directed to Columbia or Company pursuant to Section 10b; (iv) failure to reimburse Columbia for or pay fully and promptly the costs of prosecuting and maintaining Patents pursuant to Section 11; (v) failure to obtain and maintain insurance in the amount and of the type provided for in Section 12; and (vi) failure to comply with the Export Laws under Section 14. 18

Appears in 2 contracts

Samples: Exclusive License Agreement (Belite Bio, Inc), Exclusive License Agreement (Belite Bio, Inc)

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Breach and Cure. a. In addition to applicable legal standards, Company shall be deemed to be in material breach of this Agreement for: (i) failure to pay fully and promptly amounts due pursuant to Section 4 (including without limitation, the minimum royalties under subsection b(ii)(B) thereof and limitation any payments required under subsection h thereof) and payable pursuant to Section 5; (ii) failure of Company to meet any of its obligations under Section 6 of this Agreement; (iii) failure to comply with governmental requests directed to Columbia or Company pursuant to Section 10b; (iv) failure to reimburse Columbia for or pay fully and promptly the costs of prosecuting and maintaining Patents pursuant to Section 11; (v) failure to obtain and maintain insurance in the amount and of the type provided for in Section 12; and (vi) failure to comply with the Export Laws under Section 14. 18.

Appears in 1 contract

Samples: License Agreement (Singular Genomics Systems, Inc.)

Breach and Cure. a. In addition to applicable legal standards, Company shall be deemed to be in material breach of this Agreement for: (i) failure to pay fully and promptly amounts due pursuant to Section 4 (including without limitation, the minimum royalties under subsection b(ii)(Bb(iii)(B) thereof and any payments required under subsection h thereof) and payable pursuant to Section 5; (ii) failure of Company to meet any of its obligations under Section 6 of this Agreement; (iii) failure to comply with governmental requests directed to Columbia or Company pursuant to Section 10b; (iv) failure to reimburse Columbia for or pay fully and promptly the costs of prosecuting and maintaining Patents pursuant to Section 11; (v) failure to obtain and maintain insurance in the amount and of the type provided for in Section 12; and (vi) failure to comply with the Export Laws under Section 14. 18.

Appears in 1 contract

Samples: Discussion Purposes Only

Breach and Cure. a. In addition to applicable legal standards, Company shall be deemed to be in material breach of this Agreement for: (i) failure to pay fully and promptly amounts due pursuant to Section 4 (including without limitation, the minimum royalties under subsection b(ii)(B) thereof and any payments required under subsection h thereof) and payable pursuant to Section 5; (ii) failure of Company to use commercially reasonable efforts to meet any of its obligations under Section 6 6(a) or 6(b) of this Agreement; (iii) failure to comply with governmental requests directed to Columbia or Company pursuant to Company’s breach of Section 10b; (iv) failure to reimburse Columbia for or pay fully and promptly the costs of prosecuting and maintaining Patents pursuant to Section 11; (v) failure to obtain and maintain insurance in the amount and of the type provided for in pay amounts due to Columbia pursuant to Section 1211(b); and (vi) failure to comply with the Export Laws under Section 14. 18Upon such a material breach, Columbia shall have the rights set forth in Section 16(c) below.

Appears in 1 contract

Samples: Exclusive License Agreement (Zogenix, Inc.)

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Breach and Cure. a. In addition to applicable legal standards, Company shall be deemed to be in material breach of this Agreement forfor the following: (i) failure to pay fully and promptly amounts due pursuant to Section 4 5 (including without limitation, the minimum royalties under subsection b(ii)(B) thereof and any payments required under subsection h d thereof) and payable pursuant to Section 56; (ii) failure of Company to meet any of its obligations under Section 6 7 of this Agreement; (iii) failure to comply with governmental requests directed to Columbia or Company pursuant to Section 10bll(b); (iv) failure to reimburse Columbia for or pay fully and promptly the costs of prosecuting and maintaining Licensed Patents pursuant to Section 1112; (v) failure to obtain and maintain insurance in the amount and of the type provided for in Section 1213; and (vi) failure to comply with the Export Laws under Section 14. 1815.

Appears in 1 contract

Samples: Software and Patent License Agreement (NFT Gaming Co Inc.)

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