By Either Party for Cause. Either Party may terminate this Agreement at any time if the other Party has committed any material breach of this Agreement (including, without limitation, failure by Licensee to pay Planet any amounts due under this Agreement) and has failed to cure such breach within thirty (30) days (ten [10] days for non-payment) after receiving written notice of the breach from the other Party (the “Cure Period”).
By Either Party for Cause. Termination of this Agreement by either party under Section 9.3 shall (i) not relieve either party of the performance of any obligations incurred or payments due prior to the date of breach, and (ii) be without prejudice to any remedy that any party may have in addition to those rights as provided under this Agreement.
By Either Party for Cause. Either Party may terminate this Agreement if the other Party breaches any material provision of this Agreement and does not cure such breach within 60 days after being provided with written notice thereof, or, in the event that such breach is not reasonably capable of cure with 60 days, does not provide the other Party with a written Action Plan for curing such breach, including a reasonable deadline for curing such breach, and take reasonable steps to implement such Action Plan within such reasonable deadline.
By Either Party for Cause. Either Party may terminate this Agreement for cause upon written notice to the other Party if the other Party materially breaches any of its obligations, representations or warranties under this Agreement, and such breach is not cured within thirty (30) Days of the other Party's receipt of written notice of such breach and the steps to be taken, if any, to cure the breach. Notwithstanding the foregoing, either Party may terminate this Agreement immediately upon written notice to the other Party if the other Party (1) files a petition in bankruptcy; (2) is the object of an involuntary petition for bankruptcy that is not dismissed within forty-five (45) Days of filing; or (3) is declared insolvent, or otherwise seeks protection from its obligations to its creditors.
By Either Party for Cause. If either Party terminates the Agreement pursuant to Section 12.3 after Microsoft's acceptance of the Phase 2 Deliverables, the cross-licensing provisions of Sections 4.3.2 and 4.4.2 shall terminate. In addition to the Sections set forth in Section 12.7 below, Sections 2, 3, 4.1, 4.2, 4.3.1, 4.4.1 and 6.6 shall survive termination.
