Common use of Breach or Failure to Perform Clause in Contracts

Breach or Failure to Perform. the Company shall have breached or failed to perform any of its representations, warranties, covenants or other agreements set forth in this Agreement, which breach or failure to perform (A) would give rise to the failure of any condition set forth in Section 6.2(a) or Section 6.2(b), and (B) is not reasonably capable of being cured, or is not cured, by the Company on or before the earlier of (x) the Termination Date and (y) the date that is thirty (30) calendar days following Parent’s delivery of written notice to the Company of such breach; provided, however, that Parent shall not have the right to terminate this Agreement pursuant to this Section 7.1(d)(i) if Parent or Acquisition Sub is then in material breach of any of its representations, warranties, covenants or agreements hereunder; or

Breach or Failure to Perform. the Company shall have breached or failed to perform any of its representations, warranties, covenants or other agreements set forth in this Agreement, which breach or failure to perform (A) would give rise to the failure of any condition set forth in Section 6.2(a) or Section 6.2(b), and (B) is not reasonably capable of being cured, or is not cured, by the Company on or before the earlier of (x) the Termination Date and (y) the date that is thirty (30) calendar days following Parent’s delivery of written notice to the Company of such breach; provided, however, that Parent shall not have the right to terminate this Agreement pursuant to this Section 7.1(d)(i) if Parent or Acquisition Merger Sub is then in material breach of any of its representations, warranties, covenants or agreements hereunder; or

Breach or Failure to Perform. the Company Parent or Acquisition Sub shall have breached or failed to perform any of its their respective representations, warranties, covenants or other agreements set forth in this Agreement, which breach or failure to perform (A) would give rise to the failure of any condition set forth in Section 6.2(a6.3(a) or Section 6.2(b), 6.3(b) and (B) is not reasonably capable of being cured, or is not cured, by the Company Parent or Acquisition Sub on or before the earlier of (x) the Termination Date and (y) the date that is thirty (30) calendar days following Parentthe Company’s delivery of written notice to the Company Parent or Acquisition Sub, as applicable, of such breach; provided, however, that Parent the Company shall not have the right to terminate this Agreement pursuant to this Section 7.1(d)(i7.1(c)(i) if Parent or Acquisition Sub the Company is then in material breach of any of its representations, warranties, covenants or agreements hereunder; or;