Common use of PARTIAL PERFORMANCE Clause in Contracts

PARTIAL PERFORMANCE. Lilly and Aurora agree that Aurora may, under certain circumstances, partially perform under this Agreement, without terminating the Agreement, as set forth below: 11.4.1. In the event that Aurora is i) unable to deliver to Lilly the LILLYUHTSS by the Target Delivery Date as specified in Section 2.1.2.1 or ii) Aurora is unable to Complete a Module as specified in Section 2.1.3, Aurora shall permit Lilly to continue to use the rights granted in accordance with this Agreement to conduct the Collaborative Screening Program and the Lilly Screening Program, so long as Lilly has no outstanding payments to Aurora, and Lilly continues to permit Aurora to cure the delivery of the LILLYUHTSS by the Target Delivery Date as specified in Section 2.1.2.1 or the Completion of a Module as specified in Section 2.1.3 and Lilly notifies in writing Aurora within 30 days of such partial *** CONFIDENTIAL TREATMENT REQUESTED 44 45 performance that it desires Aurora to cure under this Section 12.2.3.