Common use of Sublicensee Breach Clause in Contracts

Sublicensee Breach. If Summit becomes aware of a material breach of the terms of any sublicense by any Summit Sublicensee that it is necessary for Summit’s compliance with the terms of this Agreement, then Summit shall promptly notify Sarepta of the particulars of the same and use Commercially Reasonable Efforts to cause the Sublicensee to comply with all of the terms of the sublicense agreement necessary for Summit’s compliance with the terms of this Agreement. In the event that (i) the Sublicensee has failed to cure a material breach within sixty (60) days after notice of such breach and (ii) such material breach also constitutes a material breach of this Agreement, Summit shall terminate the sublicense agreement at the request of Sarepta. Notwithstanding any sublicense, Summit shall remain primarily liable to Sarepta for the performance of all of Summit’s obligations under, and Summit’s compliance with all terms and conditions of, this Agreement.