Common use of DEFAULT BY EITHER PARTY Clause in Contracts

DEFAULT BY EITHER PARTY. An Event of Default shall have occurred upon (i) the occurrence of a breach of a material term of this Agreement (other than a material breach described in clause (ii) below or in Section 11.4.2) if the breaching party fails to remedy such breach within *** days after written notice thereof by the nonbreaching party, or (ii) the bankruptcy, insolvency, dissolution or sale of all or substantially all of the assets of a party that are necessary for the performance of this Agreement.

Appears in 2 contracts

Sources: Collaboration and License Agreement (Genome Therapeutics Corp), Collaboration and License Agreement (Genome Therapeutics Corp)

DEFAULT BY EITHER PARTY. An Event of Default shall have occurred upon (i) the occurrence of a material breach of a material term of this Agreement (other than a material breach an Event of Default described in clause (ii) below or in Section 11.4.29.3.2) if the breaching party fails to remedy such breach within *** thirty (30) days after written notice thereof by the nonbreaching party, non-breaching party or (ii) the bankruptcy, insolvency, dissolution or sale of all or substantially all of the assets winding up of a party that are necessary for the performance of this Agreementparry.

Appears in 2 contracts

Sources: License Agreement (Genaissance Pharmaceuticals Inc), License Agreement (Genaissance Pharmaceuticals Inc)

DEFAULT BY EITHER PARTY. An Event of Default shall have occurred upon (i) the occurrence of a material breach of a material term of this Agreement (other than a material breach described in clause (ii) below hereof or in Section 11.4.211.2.2 below) if the breaching party fails to remedy such breach within *** ninety (90) days after written notice thereof by the nonbreaching non-breaching party, or (ii) the bankruptcy, insolvency, dissolution or sale of all or substantially all of the assets winding up of a party that are necessary for the performance of this Agreementparty.

Appears in 2 contracts

Sources: Collaboration and License Agreement (Genome Therapeutics Corp), Collaboration and License Agreement (Genome Therapeutics Corp)

DEFAULT BY EITHER PARTY. An Event of Default shall have occurred upon (i) the occurrence of a breach of a material term of this Agreement (other than a material breach described in clause (ii) below hereof or in Section 11.4.211.2.2 below) if the breaching party fails to remedy such breach within *** ninety (90) days after written notice thereof by the nonbreaching non-breaching party, or (ii) the bankruptcy, insolvency, dissolution or sale of all or substantially all of the assets winding up of a party that are necessary for the performance of this Agreementparty.

Appears in 1 contract

Sources: Collaboration and License Agreement (Genome Therapeutics Corp)

DEFAULT BY EITHER PARTY. An Event of Default by either party shall have occurred upon upon; (i) the occurrence of a breach of a material term of this Agreement (other than a material breach described in clause (ii) below or in Section 11.4.2) if the breaching party fails to remedy such breach within *** ninety (90) days after written notice thereof by the nonbreaching party, non-breaching party or (ii) the bankruptcy, insolvency, dissolution or sale of all or substantially all of the assets winding up of a party that are necessary for the performance of this Agreementparty.

Appears in 1 contract

Sources: Commercialisation Agreement (Arqule Inc)

DEFAULT BY EITHER PARTY. An Subject to Section 10.3(b), an Event of Default by either party shall have occurred upon (i) the occurrence of a breach of a material term of this Agreement (other than a material breach described in clause (ii) below hereof or in Section 11.4.210.3(b)) if the breaching party fails to remedy such breach within *** ninety (90) days after written notice thereof by the nonbreaching party, non-breaching party or (ii) the bankruptcy, insolvency, dissolution or sale of all or substantially all of the assets winding up of a party that are necessary for the performance of this Agreementparty.

Appears in 1 contract

Sources: Research Collaboration and License Agreement (Arqule Inc)

DEFAULT BY EITHER PARTY. An Event of Default shall have occurred upon (i) the occurrence of a material breach of a material term of this Agreement (other than a material breach an Event of Default described in clause (ii) below or in Section 11.4.29.2.2) if the breaching party fails to remedy such breach within *** ninety (90) days after written notice thereof by the nonbreaching party, non-breaching party or (ii) the bankruptcy, insolvency, dissolution or sale of all or substantially all of the assets winding up of a party that are necessary for the performance of this Agreementparty.

Appears in 1 contract

Sources: Confidentiality Agreement (Genaissance Pharmaceuticals Inc)