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 13.3(a) or 13.3(b), and such alleged breaching Party provides the other Party notice of such dispute within [***] after receiving notice of such breach (or [***] after notice if the applicable cure period is [***]), then the non-breaching Party shall not have the right to terminate this Agreement under Section 13.3(a) or 13.3(b) unless and until an arbitrator, in accordance with Article 16, has determined that the alleged breaching Party has materially breached the Agreement and that such Party fails to cure such breach within [***] following such arbitrator’s decision (except to the extent such breach involves the failure to make a payment when due, which breach must be cured within [***] following such arbitrator’s decision). It is understood and agreed that during the pendency of such dispute, all of the terms and conditions of this Agreement shall remain in effect and the Parties shall continue to perform all of their respective obligations hereunder.

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 13.3(a) or 13.3(b14.2(a), and such alleged breaching Party provides the other Party notice of such dispute and its intention to seek arbitration or judgment by a court pursuant to Article 15 within [***such [ * ] after receiving notice of such breach period (or [***[ * ] after notice if the applicable cure period is [***]for failure to make any payment), then the non-breaching Party shall not have the right to terminate this Agreement under Section 13.3(a) or 13.3(b14.2(a) unless and until an arbitratorarbitrator or court, in accordance with Article 1615, has determined that the alleged breaching Party has materially breached the this Agreement and that such Party fails to cure such breach within [***[ * ] following such arbitrator’s decision of such arbitrator or court (except to the extent such breach involves the failure to make a payment when due, which breach must be cured within [***[ * ] following such arbitrator’s decisiondecision of such arbitrator or court). It is understood and agreed that during the pendency of such dispute, all of the terms and conditions of this Agreement shall remain in effect and the Parties shall continue to perform all of their respective obligations hereunder.

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 13.3(a) or 13.3(b14.2(a), and such alleged breaching Party provides the other Party notice of such dispute and its intention to seek arbitration or judgment by a court pursuant to Article 15 within such [***] after receiving notice of such breach period (or [***] after notice if the applicable cure period is [***]for failure to make any payment), then the non-breaching Party shall not have the right to terminate this Agreement under Section 13.3(a) or 13.3(b14.2(a) unless and until an arbitratorarbitrator or court, in accordance with Article 1615, has determined that the alleged breaching Party has materially breached the this Agreement and that such Party fails to cure such *Confidential Treatment Requested 70 breach within [***] following such arbitrator’s decision of such arbitrator or court (except to the extent such breach involves the failure to make a payment when due, which breach must be cured within [***] following such arbitrator’s decisiondecision of such arbitrator or court). It is understood and agreed that during the pendency of such dispute, all of the terms and conditions of this Agreement shall remain in effect and the Parties shall continue to perform all of their respective obligations hereunder.