Common use of Sublicensee Breach Clause in Contracts

Sublicensee Breach. If Sarepta becomes aware of a material breach of the terms of any sublicense by any Sarepta Sublicensee that it is necessary for Sarepta’s compliance with the terms of this Agreement, then Sarepta shall promptly notify Summit of the particulars of the same and shall use Commercially Reasonable Efforts to cause the Sublicensee to comply with all of the terms of the sublicense agreement necessary for Sarepta’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, Sarepta shall terminate the sublicense agreement at the request of Summit. Notwithstanding any sublicense, Sarepta shall remain primarily liable to Summit for the performance of all of Sarepta’s obligations under, and Sarepta’s compliance with all terms and conditions of, this Agreement.