Common use of Default in Covenants Clause in Contracts

Default in Covenants. Unica's or Lotus's material non-observance or material non-performance of any covenant or agreement contained herein, other than a material non-observance or material non-performance that constitutes either a Lotus Material Adverse Event or an Unica Material Adverse Event (each as defined below), (provided, however, that such default shall not constitute an Event of Default hereunder unless such default is not cured within twenty (20) business days after delivery of written notice thereof to the breaching party by the non-breaching party); or