Material Breaches. The references in this Agreement to specific material breaches of this Agreement shall not be construed as implying that other breaches of this Agreement are not material.
Material Breaches. The notice and cure provisions in paragraph 22.2.1 do not apply to defaults identified in this Agreement as Material Breaches. Material Breaches must be cured as expeditiously as possible following occurrence of the breach.
Material Breaches. Commerce materially breaches this Agreement; or
Material Breaches. Either Party may terminate this Agreement before the normal expiration hereof in the event of a material breach by the other Party. In order to terminate for material breach, the non-breaching Party must give the breaching Party written notice identifying the purported breach in reasonable detail and requesting that the breach be cured (the “Cure Notice”). If the breaching Party fails to cure the breach within thirty (30) days of receipt of the Cure Notice, the other Party shall have the right to terminate this Agreement, effective upon seven (7) days prior written notice to the breaching Party (the “Terminating Notice”); provided, however that if such breach cannot reasonably be cured within thirty (30) days of receipt of the Cure Notice, the same shall not constitute a failure to cure hereunder if, prior to the delivery of the Terminating Notice to the breaching Party, the Parties mutually agree upon a written plan to cure the breach and the breaching Party continues to perform in accordance with the written plan of cure.
Material Breaches. 16.1. Should the Service Provider committed a Material and/or Non-Material Breach of the Agreement and failed to repair said violation within 5 working days from the date of the Company’s written demand, the Company will be entitled, at its sole discretion, to take one or more of the following steps detailed herein, and this without causing the termination of the Agreement:
Material Breaches. Without limiting the foregoing, the following shall all be deemed material breaches of this Agreement:
Material Breaches. Following any material breach (i) by Xxxxxxx X. Xxxxxx of the Citron Employment Agreement or (ii) by Xxxx X. Xxxxx of the Lefar Employment Agreement, Holdings shall exercise all of its rights and remedies provided by law to be compensated for all damages, losses, claims and expenses arising out of or in connection with such material breach, including, without limitation, the right to require the breaching party to account for and pay to Holdings all compensation, profits, moneys, accruals, increments or other benefits derived or received by such breaching party as a result of any transaction constituting such material breach. In the event that any such material breach constitutes an activity prohibited by any restrictive covenant contained in the Citron Employment Agreement or Lefar Employment Agreement, as appropriate, Holdings shall also seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the breaching party from engaging in such activity, or such other relief as may be required specifically to enforce the applicable restrictive covenant.
Material Breaches. Section 2.1.1 — any act or omission by ARIAD that is inconsistent with, or that materially adversely affects, the rights and licenses granted to Bellicum as set forth in Section 2.1.1;
Material Breaches. A Party shall be deemed to be in default under this Agreement only if such Party has materially breached or failed to perform its obligations hereunder, and non-material breaches or failures shall not be grounds for declaring a Party to be in default, postponing the Transfer of Operational Control, or terminating this Agreement. For purposes of this Agreement, a Party’s failure or refusal to execute any of the Ancillary Agreements shall constitute a material breach.
Material Breaches. Material breaches shall include, but shall not be limited to, the following:
