Common use of Disputed Breach Clause in Contracts

Disputed Breach. If the alleged breaching Party disputes in good faith the existence or materiality of a breach specified in a notice provided by the other Party in accordance with Section 15.3.1 and such alleged breaching Party provides the other Party notice of such dispute within such [***] or [***] period, as applicable, then the non-breaching Party will not have the right to terminate this Agreement under Section 15.3.1 unless and until the dispute resolution process set forth in Section 16.3 has be completed (including the tolling and cure periods set forth therein).

Appears in 4 contracts

Sources: Collaboration Agreement (Coherus BioSciences, Inc.), Collaboration Agreement (Surface Oncology, Inc.), Collaboration Agreement (Surface Oncology, Inc.)

Disputed Breach. If the alleged breaching Party disputes in good faith the existence or materiality of a breach specified in a notice provided by the other Party in accordance with Section 15.3.1 13.3.1 and such alleged breaching Party provides the other Party notice of such dispute within such [***] 90-day or [***] 30-day period, as applicable, then the non-breaching other Party will not have the right to terminate this Agreement under Section 15.3.1 13.3.1 unless and until the dispute resolution process set forth in Section 16.3 14.3 has be completed (including the tolling and cure periods set forth therein)been completed.

Appears in 2 contracts

Sources: License Agreement (TradeUP Acquisition Corp.), License Agreement (TradeUP Acquisition Corp.)

Disputed Breach. If the alleged breaching Party disputes in good faith the existence or materiality of a breach specified in a notice provided by the other Party in accordance with Section 15.3.1 10.3.1 and such alleged breaching Party provides the other Party notice of such dispute within such [***] or [***] the applicable cure period, as applicable, then the non-breaching non‑breaching Party will not have the right to terminate this Agreement under Section 15.3.1 10.3.1 unless and until the dispute resolution process set forth in Section 16.3 11.3 has be been completed (including the tolling and cure periods set forth therein).

Appears in 1 contract

Sources: License and Technology Access Agreement (ThermoGenesis Holdings, Inc.)

Disputed Breach. If the alleged breaching Party disputes in good faith the existence or materiality of a breach specified in a notice provided by the other Party in accordance with Section 15.3.1 and such alleged breaching Party provides the other Party notice of such dispute within such [...***...] or [...***] period...], as applicable, then the non-breaching Party will not have the right to terminate this Agreement under Section 15.3.1 unless and until the dispute resolution process set forth in Section 16.3 16.4 has be completed (including the tolling and cure periods set forth therein).

Appears in 1 contract

Sources: Collaboration and License Agreement (Xencor Inc)

Disputed Breach. If the alleged breaching Party disputes in good faith the existence or materiality of a breach specified in a notice provided by the other Party in accordance with Section 15.3.1 13.4.1 and such alleged breaching Party provides the other Party notice of such dispute within such [***] or [***] thirty (30) day period, as applicable, then the non-breaching Party will not have the right to terminate this Agreement under Section 15.3.1 13.4.1 unless and until the dispute resolution process set forth in Section 16.3 14.3 has be been completed (including the tolling and cure periods set forth therein).

Appears in 1 contract

Sources: Collaboration and License Agreement (Corbus Pharmaceuticals Holdings, Inc.)

Disputed Breach. If the alleged breaching Party disputes in good faith the existence or materiality of a breach specified in a notice provided by the other Party in accordance with Section 15.3.1 Party, and such alleged breaching Party provides the other Party notice of such dispute within such [***] or [***] period, as applicable], then the non-breaching other Party will shall not have the right to terminate this Agreement under Section 15.3.1 9.3(a) unless and until a panel of arbitrators, in accordance with Section 10.2, has determined that the dispute resolution process alleged breaching Party has materially breached this Agreement and such Party fails to cure such breach within the applicable cure period set forth in Section 16.3 has be completed (including the tolling and cure periods set forth therein)above following such decision.

Appears in 1 contract

Sources: License Agreement (Rallybio Corp)

Disputed Breach. If the alleged breaching Party disputes in good faith the existence or materiality of a breach specified in a notice provided by the other Party in accordance with Section 15.3.1 10.3.1, and such alleged breaching Party provides the other Party notice of such dispute within such [***] or [*** * *] period, as applicable, then the non-breaching Party will not have the right to terminate this Agreement under Section 15.3.1 unless and until the dispute resolution process set forth in Section 16.3 has be completed (including the tolling and cure periods set forth therein)[* * *].

Appears in 1 contract

Sources: Asset Transfer and License Agreement (Durect Corp)

Disputed Breach. If the alleged breaching Party disputes in good faith the existence or materiality of a breach specified in a notice provided by the other Party in accordance with Section 15.3.1 12.5.1 and such alleged breaching Party provides the other Party notice of such dispute within such [***] or ([***] ]) day period, as applicable, then the non-breaching Party will not have the right to terminate this Agreement under Section 15.3.1 12.5.1 unless and until the dispute resolution process set forth in Section 16.3 13.3 has be been completed (including the tolling and cure periods set forth therein).

Appears in 1 contract

Sources: Option and Collaboration Agreement (Social Capital Suvretta Holdings Corp. I)