DEFAULTS BY LICENSEE Sample Clauses

DEFAULTS BY LICENSEE. The occurrence of any one or more of the following shall constitute a default by Licensee under this Restated Agreement:
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DEFAULTS BY LICENSEE. The occurrence of any one or more of the following shall constitute a default by Licensee under this Agreement:
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DEFAULTS BY LICENSEE. A) Except as otherwise expressly provided in this Agreement, i) in the event Licensee shall default in the performance of any of the terms, obligations and conditions on the part of Licensee to be performed hereunder, and if such default involves the payment of money and the same shall not be cured within ten (10) days after Licensee's receipt of written notice, or if such default involves performance other than the payment of money and same shall not be cured within thirty (30) days after Licensee's receipt of written notice, or ii) if a Receiver is appointed to, or one or more creditors do take possession of all or substantially all of the assets of Licensee, or iii) if Licensee shall make a general assignment for the benefit of creditors, or iv) if any action is taken or suffered by Licensee under any insolvency or bankruptcy act; then, and in any one or more of such events, and in addition to any other rights which Licensor may have under this Agreement or at law or in equity, Licensor may immediately and without prior notice cancel and terminate this Agreement. In the event Licensee commits three or more defaults and corrections thereof of any nature during the term hereof and any extension, of which Licensor has given written notice, Licensor, in addition to its other rights hereunder and at law or in equity, may immediately and without prior notice, cancel and terminate this Agreement. The time for performance of any act required of either party shall be extended by a period equal to the period during which such party was actually prevented from performance by fire, flood, storm or other like casualty.
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DEFAULTS BY LICENSEE. Except as otherwise expressly provided for in this Agreement, in the event Licensee shall default in the performance of any of the terms and conditions to be performed hereunder, including the payment of royalties, and the same shall not be cured within ten days (10) after written notice to Licensee, Licensor may, at its option, or any time thereafter, cancel and terminate this Agreement.
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DEFAULTS BY LICENSEE. If default shall be made by Licensee in the performance or compliance with any of the agreements, terms, covenants or conditions in this License, Licensor, at any time, may give written notice to Licensee specifying such event of default or defaults stating that this License is revoked and is terminated, and thereupon all rights of Licensee under this License shall thereby expire and terminate immediately. Upon any such revocation or termination of this License, Licensee shall remove such Site Improvements as may be requested by Licensor, within fourteen (14) days of receipt of such notice, quit and peacefully surrender the Premises to Licensor, and Licensor, upon or at any such revocation or termination, may without further notice enter or re-enter the Premises and possess and repossess itself thereof, by summary proceedings or any other process available to Licensor under Maine law, and may dispossess Licensee and remove Licensee and all other persons and property from the Premises without being liable to prosecution therefor, and may have, hold and enjoy the Premises. Licensee covenants and agrees, in the event of any such revocation or termination of this License, or summary proceedings, to remain liable to Licensor for all charges incurred by Licensor in enforcing or prosecuting the same, including attorneys’ fees, interest and penalties therefore, and to further be liable to Licensor for all costs and expenses of returning the Premises to the same condition as existed upon the commencement of the License Term. Any and all rights and remedies which Licensor may have under this License upon any breach shall be in addition to such rights and remedies as Licensor may have at law or in equity.
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DEFAULTS BY LICENSEE. Except as provided, in the event Licensee materially defaults in the performance of any of the terms and conditions hereunder, and if such default involves the payment of money not cured within ten (10) business days after receipt of written notice or if such default involves performance other than the payment of money, and Licensee shall not have commenced curing the same within thirty (30) days after receipt of written notice, or if a Receiver is appointed to, or one or more creditors take possession of all or substantially all of Licensee's assets, or if Licensee shall make a general assignment for the benefit of creditors, of if any action is taken or suffered by Licensee under any insolvency or bankruptcy act, then in such event Licensor may cancel and terminate this Agreement upon written notice to Licensee. Such cancellation and termination will not relieve Licensee of any of its obligations as may by then have accrued hereunder. If Licensee commits three or more defaults and corrections thereof during the term or extension of this Agreement, Licensor may terminate this Agreement with written notice to Licensee. If at the time of termination Licensee shall have paid to Licensor royalties in excess of the amounts required to be paid by the Licensee pursuant to Paragraph 3, Licensor shall retain such excess pending a final accounting from Licensee of Sell-Off Inventory (as hereafter defined), and shall within thirty (30) days of receipt of such accounting remit the excess, if any, to Licensee. The time for performance of any act required of either party shall be extended by a period equal to the period during which a party was reasonably prevented from performance, by fire, flood, storm, or like casualty.
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DEFAULTS BY LICENSEE 
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Related to DEFAULTS BY LICENSEE

  • Defaults by Tenant The occurrence of any one or more of the following events shall be a default under and breach of this Lease by Tenant:

  • DEFAULTS BY LANDLORD Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifying, with reasonable particularity, the nature of Landlord’s failure. If, however, the failure cannot reasonably be cured within the thirty (30) day period, Landlord shall not be in default hereunder if Landlord or Landlord’s Mortgagee commences to cure the failure within the thirty (30) days and thereafter pursues the curing of same diligently to completion. If Tenant recovers a money judgment against Landlord for Landlord’s default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord’s obligations hereunder.

  • Defaults Remedies (a) It shall be an Event of Default:

  • Termination by Licensee 10.1 Licensee will have the right at any time to terminate this Agreement in whole or as to any portion of Patent Rights by giving notice in writing to The Regents. Such Notice of Termination will be subject to Article 18. (Notices) and termination of this Agreement will be effective sixty (60) days after the effective date thereof.

  • Termination by Licensor Licensor, at its option, may immediately terminate the Agreement, or any part of Patent Rights, or any part of Field, or any part of Territory, or the exclusive nature of the license grant, upon delivery of written notice to Licensee of Licensor’s decision to terminate, if any of the following occur:

  • Infringement of Patents by Third Parties (a) Except as expressly provided in the remainder of this Section 6.3, Intrexon shall have the sole right to take appropriate action against any person or entity directly or indirectly infringing any Intrexon Patent (or asserting that an Intrexon Patent is invalid or unenforceable) (collectively, “Infringement”), either by settlement or lawsuit or other appropriate action.

  • Waiver of Past Defaults and Events of Default Subject to Sections 6.02, 6.08 and 8.02, the Holders of a majority in aggregate principal amount of the Notes then outstanding have the right to waive any existing Default or compliance with any provision of this Indenture or the Notes. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto.

  • Direction of Proceedings and Xxxxxx of Defaults by Majority of Holders The Holders of a majority of the aggregate principal amount of the Notes at the time outstanding determined in accordance with Section 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Notes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liability. The Holders of a majority in aggregate principal amount of the Notes at the time outstanding determined in accordance with Section 8.04 may on behalf of the Holders of all of the Notes waive any past Default or Event of Default hereunder and its consequences except (i) a default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Fundamental Change Repurchase Price) of, the Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Note affected. Upon any such waiver the Company, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.09, said Default or Event of Default shall for all purposes of the Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

  • Waiver of Defaults and Events of Default (a) The Noteholders of a majority of the Note Balance of the Controlling Class may waive any Default or Event of Default, except an Event of Default (i) in the payment of principal of or interest on any of the Notes (other than an Event of Default relating to failure to pay principal due only by reason of acceleration) or (ii) in respect of a covenant or provision of this Indenture that cannot be amended, supplemented or modified without the consent of all Noteholders.

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