Common use of Termination by Either Party Clause in Contracts

Termination by Either Party. This Agreement may be terminated by either party, in the event that the other party (a) files or has filed against it a petition under the Bankruptcy Act, makes an assignment for the benefit of creditors, has a receiver appointed for it or a substantial part of its assets, or otherwise takes advantage of any statute or law designed for relief of debtors or (b) fails to perform or otherwise breaches any of its obligations hereunder, if, following the giving of notice by the terminating party of its intent to terminate and stating the grounds therefor, the party receiving such notice shall not have cured the failure or breach within thirty (30) days. In no event, however, shall such notice or intention to terminate be deemed to waive any rights to damages or any other remedy which the party giving notice of breach may have as a consequence of such failure or breach.

Appears in 21 contracts

Samples: License Agreement (Surgivision Inc), License Agreement (Surgivision Inc), License Agreement (Mri Interventions, Inc.)

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Termination by Either Party. This Agreement may be terminated by either party, in the event that the other party (a) files or has filed against it a petition under the Bankruptcy Act, makes an assignment for the benefit of creditors, has a receiver appointed for it or a substantial part of its assets, or otherwise takes advantage of any statute or law designed for relief of debtors or (b) fails to perform or otherwise materially breaches any of its obligations hereunder, if, following the giving of notice by the terminating party of its intent to terminate and stating the grounds therefor, the party receiving such notice shall not have cured the failure or breach within thirty (30) days[***]. In no event, however, shall such notice or intention to terminate be deemed to waive any rights to damages or any other remedy remedy, which the party giving notice of breach may have as a consequence of such failure or breach.

Appears in 4 contracts

Samples: Exclusive License Agreement (Allakos Inc.), Exclusive License Agreement (Allakos Inc.), Exclusive License Agreement (Allakos Inc.)

Termination by Either Party. This Agreement may be terminated by either party, in the event that the other party (a) files or has filed against it a petition under the Bankruptcy Act, makes an assignment for the benefit of creditors, has a receiver appointed for it or a substantial part of its assets, or otherwise takes advantage of any statute or law designed for relief of debtors or (b) fails to perform or otherwise breaches any of its material obligations hereunder, if, following the giving of notice by the terminating party of its intent to terminate and stating the grounds therefor, the party receiving such notice shall not have cured the failure or breach within thirty (30) days. In no event, however, shall such notice or intention to terminate be deemed to waive any rights to damages or any other remedy which the party giving notice of breach may have as a consequence of such failure or breach.

Appears in 3 contracts

Samples: License Agreement (Rosetta Genomics Ltd.), Collaboration Agreement (Bionumerik Pharmaceuticals Inc), Collaboration Agreement (BioNumerik Pharmaceuticals, Inc.)

Termination by Either Party. This Agreement may be terminated by either party, in the event that the other party (a) files or has filed against it a petition under the Bankruptcy Act, makes an assignment for the benefit of creditors, has a receiver appointed for it or a substantial part of its assets, or otherwise takes advantage of any statute or law designed for relief of debtors or (b) fails to perform or otherwise breaches any of its material obligations hereunder, if, following the giving of notice by the terminating party of its intent to terminate and stating the grounds therefor, the party receiving such notice shall not have cured the failure or breach within thirty ninety (3090) days. In no event, however, shall such notice or intention to terminate be deemed to waive any rights to damages or any other remedy which the party giving notice of breach may have as a consequence of such failure or breach.

Appears in 3 contracts

Samples: License Agreement (BIND Therapeutics, Inc), License Agreement (BIND Therapeutics, Inc), Exclusive License Agreement (Xcelthera, INC.)

Termination by Either Party. This Agreement may be terminated by either party, in the event that the other party (a) files becomes insolvent or has filed against it a petition seeks protection under the Bankruptcy Actany bankruptcy, makes an assignment for the benefit of creditorsreceivership, has a receiver appointed for it trust deed, creditors arrangement, composition or a substantial part of its assetscomparable proceeding, or otherwise takes advantage of if any statute or law designed for relief of debtors such proceeding is instituted against a party and not dismissed within fourteen (14) days, or (b) fails to perform or otherwise breaches any of its obligations hereunder, if, following the giving of notice by the terminating party of its intent to terminate and stating the grounds therefortherefore, the party receiving such notice shall not have cured the failure or breach within thirty (30) days. In no event, however, shall such notice or intention to terminate be deemed to waive any rights to damages or any other remedy which that the party giving notice of breach may have as a consequence of such failure or breach.

Appears in 2 contracts

Samples: License Agreement (Amicus Therapeutics Inc), License Agreement (Amicus Therapeutics Inc)

Termination by Either Party. This Agreement may be terminated by either party, in the event that the other party party: (a) files or has filed against it a petition under the Bankruptcy Act, makes an assignment for the benefit of creditors, has a receiver appointed for it or a substantial part of its assets, or otherwise takes advantage of any statute or law designed for relief of debtors debtors; or (b) fails to perform or otherwise breaches any of its obligations hereunder, if, following the giving of notice by the terminating party of its intent to terminate and stating the grounds therefor, the party receiving such notice shall not have cured the failure or breach within thirty sixty (3060) days. In no event, however, shall such notice or intention to terminate be deemed to waive any rights to damages or any other remedy which the party giving notice of breach may have as a consequence of such failure or breach.

Appears in 2 contracts

Samples: License Agreement (Aldagen Inc), License Agreement (Aldagen Inc)

Termination by Either Party. (a) This Agreement may be terminated by either party, in the event that the other party (a) files or has filed against it a petition under the Bankruptcy Act, makes an assignment for the benefit of creditors, voluntarily has a receiver appointed for it or a substantial part of its assets, or otherwise takes advantage of any statute or law designed for relief of debtors or (b) fails to perform or otherwise breaches any of its obligations hereunder, if, following the giving of notice by the terminating party of its intent to terminate and stating the grounds therefor, the party receiving such notice shall not have cured the failure or breach within thirty (30) days. In no event, however, shall such notice or intention to terminate be deemed to waive any rights to damages or any other remedy which the party giving notice of breach may have as a consequence of such failure or breach.

Appears in 1 contract

Samples: Exclusive License Agreement (Capricor Therapeutics, Inc.)

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Termination by Either Party. This Agreement may be terminated by either party, party in the event that the other party (a) files or has filed against it a petition under the Bankruptcy Act, makes an assignment for the benefit of creditors, has a receiver appointed for it or a substantial part of its assets, or otherwise takes advantage of any statute or law designed for relief of debtors or (b) fails to perform or otherwise breaches any of its obligations hereunder, if, following the giving of notice by the terminating party of its intent to terminate and stating the grounds therefor, the therefore. The party receiving such notice shall not have cured 45 days to cure the failure or breach within thirty (30) days. such breach upon written notice.. In no event, however, shall such notice or intention to terminate be deemed to waive any rights to damages or any other remedy remedy, which the party giving notice of breach may have as a consequence of such failure or breach.

Appears in 1 contract

Samples: License Agreement (Proteonomix, Inc.)

Termination by Either Party. This Agreement may be terminated by either party, in the event that the other party (a) files or has filed against it a petition under the Bankruptcy Act, makes an assignment for the benefit of creditors, has a receiver appointed for it or a substantial part of its assets, or otherwise takes advantage of any statute or law designed for relief of debtors or (b) fails to perform or otherwise breaches any of its obligations hereunder, if, following the giving of notice by the terminating party of its intent to terminate and stating the grounds therefor, the party receiving such notice shall not have cured the failure or breach within thirty sixty (3060) days. In no event, however, shall such notice or intention to terminate be deemed to waive any rights to damages or any other remedy which the party giving notice of breach may have as a consequence of such failure or breach.. CONFIDENTIAL DRAFT

Appears in 1 contract

Samples: License Agreement (Protea Biosciences Inc.)

Termination by Either Party. This Agreement may be terminated by either partyParty, in the event that the other party Party (a) files or has filed against it a petition under the Bankruptcy Act, makes an assignment for the benefit of creditors, has a receiver appointed for it or a substantial part of its assets, or otherwise takes advantage of any statute or law designed for relief of debtors or (b) fails to perform or otherwise breaches any of its obligations hereunder, if, following the giving of notice by the terminating party Party of its intent to terminate and stating the grounds therefor, the party Party receiving such notice shall not have cured the failure or breach within thirty sixty (3060) days. In no event, however, shall such notice or intention to terminate be deemed to waive any rights to damages or any other remedy remedy, which the party Party giving notice of breach may have as a consequence of such failure or breach.

Appears in 1 contract

Samples: License Agreement (Viacell Inc)

Termination by Either Party. This Agreement may be terminated by either party, in the event that the other party (a) files files, or has filed against it it, a petition under the Bankruptcy Act, makes an assignment for the benefit of creditors, has a receiver appointed for it or a substantial part of its assets, or otherwise takes advantage of any statute or law designed for relief of debtors or (b) fails to perform or otherwise breaches any of its obligations hereunder, if, following the giving of notice by the terminating party of its intent to terminate and stating the grounds therefortherefore, the party receiving such notice shall not have cured the failure or breach within thirty (30) days. In no event, however, shall such notice or intention to terminate be deemed to waive any rights to damages or any other remedy which that the party giving notice of breach may have as a consequence of such failure or breach.

Appears in 1 contract

Samples: License Agreement (Scientific Industries Inc)

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