Common use of Dependency Clause in Contracts

Dependency. 10.1 In the event that a ▇▇▇ Party, a Skype Party, the Company or any other member of the Group (“Affected Party”) is prevented from performing an obligation or undertaking or complying with any provision under this Agreement as a direct result of a breach of any of the terms of this Agreement or the Deed (“Breach”) by: 10.1.1 in the case of a ▇▇▇ Party, a Skype Party; 10.1.2 in the case of a Skype Party, a ▇▇▇ Party; and 10.1.3 in the case of the Company or any member of the Group, a Skype Party or a ▇▇▇ Party, and the Affected Party provides written notice to the breaching party detailing the Breach and requiring the breaching party to cure the Breach within thirty (30) days of the date of the notice, the Affected Party shall not be obligated to perform the relevant obligation or undertaking affected by the Breach so long as such Breach continues uncured where such non-performance or non-compliance would be deemed a material breach of this Agreement or the Deed, and shall not be liable for such material breach. For the avoidance of doubt, the withholding by any Party of consent as a Shareholder under the Deed, as such consent may be required in the Deed from time to time (including, without limitation, pursuant to clause 6 thereof), shall not be deemed a Breach.

Appears in 2 contracts

Sources: Co Branding Agreement, Co Branding Agreement (Tom Online Inc)