Common use of Terminating Party Clause in Contracts

Terminating Party. By any party hereto (the "Terminating Party") if (x) any other party is in material breach of this Omnibus Agreement which would give rise to a claim for damages under Section 7.3 hereof and (y) such Terminating Party is not then in material breach of this Omnibus Agreement;

Terminating Party. By any party hereto (the ----------------- "Terminating Party") if (x) any other party is in material breach of this ------------------ Omnibus Agreement which would give rise to a claim for damages under Section 7.3 hereof and (y) such Terminating Party is not then in material breach of this Omnibus Agreement;