Termination for Breach. Either Party may terminate the Agreement, upon written notice, if the other Party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s).
Appears in 4 contracts
Sources: Master Services Agreement, Master Services Agreement, Master Services Agreement
Termination for Breach. Either If either Party may terminate the Agreement, upon written notice, if the other Party materially breaches the commits a material breach of this Agreement and the fails to remedy that breach within sixty (a) remains uncured thirty (3060) days after the date the breaching Party receives a receipt of written notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)Party, the non-breaching Party only giving notice may terminate this Agreement by written notice to the relevant Service(s)other Party, effective upon receipt. Material breach includes but is not limited to failure to provide any resources such as payment of any amounts due under this Agreement.
Appears in 4 contracts
Sources: Research Agreement, Research Agreement, Research Agreement
Termination for Breach. Either Party may terminate the If either party breaches any of its obligations under this Agreement, upon written notice, if the other Party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only party may provide the breaching party with written notice of the breach. If the breaching party fails to cure the breach within 30 days after receipt of such notice, the non-breaching party may terminate this Agreement upon delivery to the relevant Service(s)breaching party of a written notice to that effect, with the termination effective upon delivery of such notice to the breaching party. The non-breaching party may, in its reasonable discretion, determine whether the breach has been cured.
Appears in 3 contracts
Sources: Sponsor Agreement, Sponsor Agreement, Sponsor Agreement
Termination for Breach. Either In the event that a Party may terminate the materially breaches any material term or obligation of this Agreement, upon the other Party shall have the right to terminate this Agreement by giving 60 days written noticenotice to the breaching Party; provided, however, that in the case of a breach capable of being cured, if the other breaching Party materially breaches cures such breach within the relevant notice period, then the notice shall not be effective and the Agreement and the breach (a) remains uncured thirty (30) shall not terminate based on such notice. The notice period shall be reduced to 30 days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)for payment defaults.
Appears in 3 contracts
Sources: Materials Supply Agreement (Roka BioScience, Inc.), Materials Supply Agreement (Roka BioScience, Inc.), Materials Supply Agreement (Roka BioScience, Inc.)
Termination for Breach. Either Party may may, at its option, terminate the AgreementAgreement in the event of a material breach by the other Party, upon provided such Party has provided written notice, if notice to the other Party materially breaches the Agreement and specifically identifying the breach (a) remains uncured or breaches on which such notice of termination is based. The other Party will have a right to cure such breach or breaches within thirty (30) days after of receipt of such notice, and the date Agreement will terminate in the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or event that such cure is not made within such thirty (b30) is incapable day period. For purposes of being cured. If the material breach relates solely to one or more Services (but not all the Services)clarity, the Customer’s non-breaching Party only may terminate payment of fees validly due and payable under the relevant Service(s)Agreement will be deemed a material breach.
Appears in 3 contracts
Sources: Digital Ticket Sales Agreement, Digital Ticket Sales Agreement, Digital Ticket Sales Agreement
Termination for Breach. Either Party may terminate the If either party breaches any of its obligations under this Agreement, upon written notice, if the other Party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date non- breaching party may provide the breaching Party receives a party with written notice from of the other Party describing the breach and requiring it to be cured or (b) is incapable of being curedbreach. If the material breaching party fails to cure the breach relates solely to one or more Services (but not all the Services)within 30 days after receipt of such notice, the non-breaching Party only party may terminate this Agreement upon delivery to the relevant Service(s)breaching party of a written notice to that effect, with the termination effective upon delivery of such notice to the breaching party. The non-breaching party may, in its reasonable discretion, determine whether the breach has been cured.
Appears in 3 contracts
Sources: Exhibitor Agreement, Exhibitor Agreement, Exhibitor Agreement
Termination for Breach. Either Party may terminate the Agreement, upon written notice, this Agreement if the other Party materially breaches the Agreement and the commits a material breach (a) remains uncured of any of its warranties, covenants, conditions, obligations or agreements contained herein, provided that such breach continues for a period of thirty (30) days after the date non-breaching Party provides the breaching Party receives a with written notice from the other Party describing the breach and requiring it to thereof. Such termination shall be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), immediately effective upon the non-breaching Party only may terminate providing the relevant Service(s)breaching Party with further written notice of termination after the breaching Party failed to cure such breach within such 30-day cure period.
Appears in 3 contracts
Sources: Supply Agreement (Anbio Biotechnology), Supply Agreement (Anbio Biotechnology), Supply Agreement (Anbio Biotechnology)
Termination for Breach. Either Party may terminate the Agreement, upon written notice, this Agreement if the other Party materially breaches the is in material breach of this Agreement and does not cure such breach to the breach (a) remains uncured reasonable satisfaction of the non-breaching Party within thirty (30) days after the date the breaching Party receives a following its receipt of written notice from the other Party describing of the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), from the non-breaching Party only may terminate the relevant Service(s)Party, unless otherwise provided for in this Agreement.
Appears in 3 contracts
Sources: Pay Out Support Provider Agreement (InFinT Acquisition Corp), Pay Out Support Provider Agreement (InFinT Acquisition Corp), Pay Out Support Provider Agreement (InFinT Acquisition Corp)
Termination for Breach. Either Party party may terminate the Agreement, upon written notice, this Agreement if ---------------------- the other Party party materially breaches the Agreement a material obligation hereunder and the such breach (a) remains uncured for thirty (30) days after following the date notice to the breaching Party receives a notice from the other Party describing party of the breach and requiring it the notifying party's intention to terminate. All undisputed payments that have accrued prior to the termination or expiration of this Agreement for any reason will be cured or payable in full within thirty (b30) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)days thereof.
Appears in 3 contracts
Sources: Services Agreement (E Stamp Corp), Services Agreement (E Stamp Corp), Services Agreement (E Stamp Corp)
Termination for Breach. Either Party may terminate the If either party breaches any of its obligations under this Agreement, upon written notice, if the other Party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only party may provide the breaching party with written notice of the breach. If the breaching party fails to cure the breach within 30 days after receipt of such notice, the non-breaching party may terminate this Agreement upon delivery to the relevant Service(s)breaching party of a written notice to that effect, with the termination effective upon delivery of such notice to the breaching party. The non-breaching party may in its reasonable discretion determine whether the breach has been cured.
Appears in 3 contracts
Sources: Corporate Sponsorship Agreement, Corporate Sponsorship Agreement, Corporate Sponsorship Agreement
Termination for Breach. Either Party party may terminate the AgreementAgreement or either the Design Services or the Work for breach if: (i) the other party materially breaches any obligation to pay amounts due or any obligation of confidentiality and such breach continues without a cure for a period of 30 days after the delivery of written notice thereof by the terminating party to the other party, upon written notice, or (ii) if the other Party party materially breaches the any other term or condition of this Agreement and the such breach (a) remains uncured thirty (30) continues unremedied for a period of 90 days after the date delivery of written notice thereof by the breaching Party receives a notice from terminating party to the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)party.
Appears in 3 contracts
Sources: Design and Manufacturing Services Agreement (FireEye, Inc.), Design and Manufacturing Services Agreement (FireEye, Inc.), Design and Manufacturing Services Agreement (FireEye, Inc.)
Termination for Breach. Either In the event of a breach of any term or condition of this agreement, the Party claiming breach shall provide written notice to the other Party specifying the factual basis for the claim that a breach has occurred. If the breach is not remedied within fifteen (15) days after notice is mailed to the Breaching Party at the address provided herein, the Non-breaching Party may terminate the Agreement, upon written this Agreement without further notice, if the other Party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s).
Appears in 3 contracts
Sources: Intergovernmental Agreement for Election Services, Intergovernmental Agreement for Election Services, Intergovernmental Agreement for Election Services
Termination for Breach. Either Party may terminate the this Agreement if any other Party commits a material breach of this Agreement, upon including a breach of a representation or warranty, by giving the breaching Party written notice, notice of termination for breach. The notice of termination for breach must specify the nature of the breach in reasonable detail. This Agreement will terminate if the other Party materially breaches material breach described in the Agreement and the breach (a) remains uncured thirty (30) notice is not cured within 30 days after the date notice is given. A termination for breach will be without prejudice to the breaching rights any Party receives a notice from may have against the other Party describing Party, whether arising in connection with the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)otherwise.
Appears in 2 contracts
Sources: Qa Team on Demand Services Agreement, Qa Team on Demand Services Agreement
Termination for Breach. Either Party may terminate this Agreement immediately upon notice to the Agreement, upon written notice, other Party if the other Party materially breaches the Agreement this Agreement, and the such breach (a) remains uncured more than thirty (30) days after the date the breaching Party receives a receipt of written notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)such breach.
Appears in 2 contracts
Sources: Terms of Service, Master Agreement
Termination for Breach. Either Party Notwithstanding, this Agreement may terminate the Agreement, be immediately terminated by either party upon written notice, notice to the other party if the other Party materially breaches the party is in material breach of this Agreement and the has failed to cure such breach (a) remains uncured within thirty (30) days after the date the breaching Party receives a its receipt of written notice of such breach from the other Party describing first party. In the case of a breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)confidentiality provisions of this Agreement, the non-breaching Party only may party will have the right to immediately terminate this Agreement upon written notice to the relevant Service(s)other without giving the breaching party the right to cure.
Appears in 2 contracts
Sources: Completetax Program License Agreement (JTH Holding, Inc.), Completetax Program License Agreement (JTH Holding, Inc.)
Termination for Breach. Either Party may A party (“non-breaching party”) shall have the right to terminate this Agreement in the Agreement, upon written notice, if event the other Party materially breaches party (“breaching party”) is in material breach of any of its material obligations under this Agreement. The non- breaching party shall provide written notice to the Agreement and the breach (a) remains uncured breaching party. The breaching party shall have a period of thirty (30) days after the date the breaching Party receives a such written notice from the other Party describing the breach and requiring it is provided to be cured or (b) is incapable of being curedcure such breach. If such breach is not cured within the material breach relates solely to one or more Services (but not all the Services)thirty day period, the non-breaching Party only may terminate the relevant Service(s)this Agreement shall effectively terminate.
Appears in 2 contracts
Sources: Amendment Agreement, Amendment Agreement
Termination for Breach. Either Party may terminate the Agreement, this Agreement immediately upon written notice, if notice in the event that the other Party materially breaches the this Agreement and thereafter (i) in the case of material breach resulting from non-payment of amounts due hereunder, has failed to pay such amounts within ten (10) days after receiving written notice thereof; or (ii) has failed to cure any other material breach (aor to commence diligent efforts to cure such breach that are reasonably acceptable to the terminating Party) remains uncured within thirty (30) days after the date the breaching Party receives a receiving written notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)thereof.
Appears in 2 contracts
Termination for Breach. Either Party may terminate the Agreement, this Agreement immediately upon written notice, notice to the other Party if the other Party materially breaches the this Agreement and does not fully cure the breach (a) remains uncured to the non-breaching Party’s satisfaction within thirty (30) days after such Party gives notice of the date the breaching Party receives a notice from breach to the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)Party.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Sorrento Therapeutics, Inc.), Services Agreement (Sorrento Therapeutics, Inc.)
Termination for Breach. Either Party may terminate the Agreement, upon written notice, if the other Party materially If either party breaches the a material provision of this Agreement and does not cure the breach (a) remains uncured thirty (30) within 45 days after the date the breaching Party receives a written notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)party, the non-breaching Party only may party shall have the right to: (i) suspend performance or payment until the breach is cured; (ii) terminate this Agreement; or (iii) seek such other remedies as are available at law or equity except as limited by the relevant Service(s)terms of this Agreement.
Appears in 2 contracts
Sources: Confidentiality Agreement (Guided Therapeutics Inc), Confidentiality Agreement (Guided Therapeutics Inc)
Termination for Breach. Either Party This Agreement may terminate the Agreement, upon written notice, if the other Party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), terminated by the non-breaching Party only may terminate upon the relevant Service(s)occurrence of a breach by the other Party in the performance of its obligations under this Agreement, which breach (if capable of cure) is not cured to the reasonable satisfaction of the non-breaching Party within thirty (30) business days after the non-breaching Party has delivered written notice of such breach to the breaching Party.
Appears in 2 contracts
Sources: License Agreement (FVA Ventures, Inc.), License Agreement (FVA Ventures, Inc.)
Termination for Breach. Either Party party may terminate the AgreementAgree- ment, upon written notice, if the other Party materially party ma- terially breaches the Agreement and the breach (a) remains uncured unremedied thirty (30) days after the date the breaching Party party receives a notice from the other Party party describing the breach and requiring requir- ing it to be cured cured, or (b) is incapable of being be- ing cured. If However, if the material breach relates solely to one or more Services Ser- vices (but not all the Services), the non-non- breaching Party party may only may terminate the relevant Service(s).
Appears in 2 contracts
Sources: Platform General Terms & Conditions, Platform General Terms & Conditions
Termination for Breach. Either Party may terminate this Agreement and/or any Statement(s) of Work in the Agreement, upon written notice, if event of a material breach by the other Party materially breaches that remains uncured for a period of fifteen (15) days following the Agreement and breaching Party’s receipt of written notice of the breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may Party. For clarity, unless otherwise specified in a Party’s written notice of termination, termination of a Statement of Work in accordance with this Section will not terminate the relevant Service(s)this Agreement or any other Statement of Work.
Appears in 2 contracts
Sources: Master Services Agreement, Master Services Agreement
Termination for Breach. Either Party party may terminate this Agreement due to the other party’s breach of this Agreement, upon written noticesuch as failure to perform its duties, if the other Party materially breaches the Agreement obligations, or responsibilities herein (including, without limitation, failure to pay royalties and the breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being curedprovide reports as set forth herein). If the material breach relates solely to one or more Services (but not all the Services), the The non-breaching Party only party may terminate the relevant Service(s)this Agreement if such breach is not cured within sixty (60) days of notice thereof.
Appears in 2 contracts
Sources: Limited Tcc™ License Agreement (Tessera Technologies Inc), Limited TCC License Agreement (Tessera Technologies Inc)
Termination for Breach. 9.3.1. Either Party party may terminate the Agreement, upon written notice, this Agreement if the other Party materially breaches the Agreement and the party is in material breach (a) remains uncured of any material obligation provided that such material breach is not cured within thirty (30) days after the date the breaching Party receives a following notice from the other Party describing the in writing of such breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), has been provided by the non-breaching Party only may terminate party requesting that the relevant Service(s)material breach be remedied within said period by the party in material breach.
Appears in 2 contracts
Sources: Services Agreement, Services Agreement
Termination for Breach. Either Party may terminate the If either party breaches in any material respect any of its material obligations under this Agreement, upon written notice, if in addition to any other right or remedy the other Party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the non-breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)party may have, the non-breaching Party only party may (i) terminate this Agreement effective immediate if the relevant Service(sbreach was not cured within fifteen (15) days after receipt of written notice of the breach or (ii) immediately at any time upon written notice in the event of a material breach which cannot be cured (i.e. breach of confidentiality obligation).
Appears in 2 contracts
Sources: Consulting Agreement (Opgen Inc), Consulting Agreement (Opgen Inc)
Termination for Breach. Either If either Party commits a material breach of this Agreement or a Project Plan hereunder, the non-breaching Party may terminate notify the Agreement, upon written notice, if the other breaching Party materially breaches the Agreement in writing of such breach and the breach (a) remains uncured breaching Party will have thirty (30) days after the date such notice becomes effective to cure such breach. If the breaching Party receives a notice from the other Party describing the breach and requiring it fails to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)cure such breach, the non-non- breaching Party only may may, at its option, immediately terminate this Agreement or the relevant Service(s)specific Project Plan by sending written notice of termination.
Appears in 2 contracts
Sources: Collaboration Agreement, Research Support Services Agreement
Termination for Breach. Either Party may party has the right to terminate the Agreement, upon written notice, if this Agreement at any time for a material breach of this Agreement by the other Party materially breaches party, provided that the Agreement and breaching party has not cured such breach within sixty days after written notice of the breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), by the non-breaching Party only party. The non-breaching party, upon termination of this Agreement, may terminate the relevant Service(s)seek actual or general damages and remedies available to it at law or in equity. NEITHER PARTY WILL SEEK PUNITIVE DAMAGES.
Appears in 2 contracts
Sources: Collaborative Research and License Agreement (Senomyx Inc), Collaborative Research and License Agreement (Senomyx Inc)
Termination for Breach. Either Party may terminate this Agreement in the Agreement, upon written notice, if event the other Party materially breaches the Agreement this Agreement, and the such breach shall have continued for sixty (a) remains uncured thirty (3060) days after the date notice thereof was provided to the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), by the non-breaching Party. Any such termination shall become effective at the end of such sixty (60) day period unless the breaching Party only may terminate has cured any such breach prior to the relevant Service(s)expiration of the sixty (60) day period.
Appears in 2 contracts
Sources: Collaboration and License Agreement (NovaBay Pharmaceuticals, Inc.), Collaboration and License Agreement (NovaBay Pharmaceuticals, Inc.)
Termination for Breach. Either Party may terminate the Agreement, upon written notice, if the other Party either party materially breaches the any representation, term or condition of this Agreement and the fails to remedy such breach (a) remains uncured within thirty (30) days after the date the breaching Party receives a receipt of notice in writing of such material breach from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)Party, the non-breaching Party only Party, may, in addition to any other remedies that such party may have in law or in equity, terminate this Agreement by sending written notice (by registered mail with return receipt/PEC) of termination to the relevant Service(s)other Party.
Appears in 2 contracts
Sources: Fee for Service Agreement (Clementia Pharmaceuticals Inc.), Fee for Service Agreement (Clementia Pharmaceuticals Inc.)
Termination for Breach. Either Party may terminate this Agreement in the Agreement, upon written notice, if the other Party materially breaches the Agreement and the breach event that (a) remains uncured thirty (30) either Party commits a material breach of this Agreement and where such breach is capable of remedy, fails to remedy the breach within 30 days after the date the breaching Party receives a of receiving written notice from the other Party describing the breach and requiring it to be cured or (b) is incapable the Client’s access has been suspended under Section 10 and has not taken the necessary action to restore access within a further 23 days. A failure to make payment by the due date of being cured. If the an amount greater than 10% of Fees (whether singly or in aggregate) constitutes a material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)breach.
Appears in 2 contracts
Sources: Terms of Service Agreement, Terms of Service Agreement
Termination for Breach. Either Party party may terminate the Agreement, upon written notice, if the other Party party materially breaches the Agreement and the breach (a) remains uncured unremedied thirty (30) days after the date the breaching Party party receives a notice from the other Party party describing the breach and requiring it to be cured cured, or (b) is incapable of being cured. If However, if the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party party may only may terminate the relevant Service(s).
Appears in 2 contracts
Sources: Platform General Terms & Conditions, Platform General Terms & Conditions
Termination for Breach. Either If either Party may terminate shall, at any time during the Term of this Agreement, upon written noticebreach any obligation under this Agreement, and, if the other Party materially breaches the Agreement and the such breach is capable of cure, such breach is not cured within fifteen (a15) remains uncured thirty (30) business days after the date the breaching Party receives a written notice from the other Party describing specifying the breach and requiring it to be cured or (b) is incapable nature of being cured. If the material breach relates solely to one or more Services (but not all the Services)breach, the non-breaching other Party only may terminate the relevant Service(s)this Agreement in its entirety upon written notice of such termination.
Appears in 2 contracts
Sources: Opportunity Tester Agreement, Opportunity Tester Agreement
Termination for Breach. Either Party may terminate this Agreement by written notice to the Agreement, upon written notice, other Party if the other Party materially breaches the commits a material breach of this Agreement and the such breach (a) remains uncured for thirty (30) days after following written notice of breach by the date terminating Party; provided, however, that NECS may immediately terminate this Agreement without refund, upon written notice to Customer, in the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)event that Customer breaches Section 3.2.
Appears in 2 contracts
Sources: Software Terms of Service, Software Terms of Service
Termination for Breach. Either Party may terminate the this Agreement, upon effective on written noticenotice to the other Party, if the other Party materially breaches the Agreement this Agreement, and the such breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate provides the relevant Service(s)breaching Party with written notice of such breach.
Appears in 2 contracts
Sources: Saas Subscription Agreement, Saas Subscription Agreement
Termination for Breach. Either If either Party may terminate the Agreement, upon written notice, if the other Party materially breaches the any material provision contained in this Agreement and the breach is not cured within fourteen (a) remains uncured thirty (3014) days after the date the breaching Party receives a notice in writing of the breach (together with reasonable details of such breach) from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)non-breaching Party, the non-breaching Party only may terminate then deliver a second notice to the relevant Service(s)breaching Party immediately terminating this Agreement.
Appears in 2 contracts
Sources: Purchase Agreement, Purchase Agreement
Termination for Breach. Either Party may terminate the Agreement, upon written notice, this Agreement if the other Party materially breaches the Agreement and the commits a material breach (a) remains uncured of any of its warranties, covenants, conditions, obligations or agreements contained herein, provided that such breach continues for a period of thirty (30) days after the date non-breaching Party provides the breaching Party receives a with written notice from the other Party describing the breach and requiring it to thereof. Such termination shall be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), immediately effective upon the non-breaching Party only may terminate providing the relevant Service(s)breaching Party with further written notice of termination after the breaching Party failed to cure such breach within such thirty (30) day cure period.
Appears in 2 contracts
Sources: Supply Agreement (Freenome Holdings, Inc.), Supply Agreement (Freenome Holdings, Inc.)
Termination for Breach. Either Party may terminate the Agreement, upon written notice, this Agreement if the other Party materially breaches the Agreement any of its duties or obligations hereunder and the such breach (a) remains uncured for at least thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate gives written notice of the relevant Service(s)breach. Any such termination shall not constitute the sole remedy in the event of a breach.
Appears in 2 contracts
Sources: Collaboration Agreement (Stellar Biotechnologies, Inc.), Collaboration Agreement (Stellar Biotechnologies, Inc.)
Termination for Breach. Either Party party may terminate the Agreement, this Agreement immediately upon written notice, notice to the other party if the other Party materially party breaches the any material obligation under this Agreement and the such breach (a) remains uncured has not been cured within thirty (30) days after the date the breaching Party receives a other party’s receipt of such written notice from the other Party describing the breach and requiring it to be cured (or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), such additional cure period as the non-breaching Party only defaulting party may terminate authorize). Notwithstanding the relevant Service(s)preceding sentence, this Agreement may be terminated immediately by either party upon written notice to the other party, without a cure period, in the event of a breach of Confidential Information or Personal Data.
Appears in 2 contracts
Sources: Investigator Agreement, Institution and Investigator Agreement
Termination for Breach. Either Party may terminate the this Agreement, effective immediately upon written noticenotice to the other Party, if for a material breach by the other Party materially breaches the of this Agreement and the breach (a) that, if curable, remains uncured for thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may first gives written notice to the other Party of such breach and its intent to terminate the relevant Service(s)this Agreement if such breach is not cured.
Appears in 2 contracts
Sources: Master Collaboration Agreement (ArcherDX, Inc.), Master Collaboration Agreement (ArcherDX, Inc.)
Termination for Breach. Either Party may terminate In the Agreement, upon written notice, if the other event that either Party materially breaches any provision of the Agreement and the breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)Agreement, the non-breaching Party only may terminate the relevant Service(s)Agreement effective upon thirty (30) calendar days’ prior written notice to the breaching Party, provided that such material breach remains uncured upon the expiration of such thirty (30) day period.
Appears in 2 contracts
Sources: Terms of Use, Terms of Use
Termination for Breach. Either Party may terminate the If either party materially breaches any of its obligations under this Agreement, upon the non- breaching party may provide the breaching party with written notice, if notice of the other Party materially breaches material breach. If the Agreement and breaching party fails to cure the breach within fifteen (a) remains uncured thirty (3015) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable receipt of being cured. If the material breach relates solely to one or more Services (but not all the Services)such notice, the non-breaching Party only party may terminate this Agreement effective immediately upon delivery to the relevant Service(s)breaching party of a written notice to that effect. The non-breaching party may in its reasonable discretion determine whether the breach has been cured.
Appears in 2 contracts
Sources: Project Agreement, Subgrant Agreement
Termination for Breach. Either Party party may terminate this Agreement in the Agreement, upon written notice, if event of a material breach by the other Party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the party. The non-breaching Party receives a party shall provide written notice from the other Party describing of the breach and requiring it to be cured or (b) is incapable of being curedallow a 15-day cure period. If the material breach relates solely to one or more Services (but is not all the Services)remedied within that period, the non-breaching Party only party may terminate the relevant Service(s)Agreement. In such a case, the Client will retain ownership of any completed work up to the most recent paid milestone.
Appears in 2 contracts
Sources: Web and Mobile Application Development Agreement (Ex-Im America LTD), Web and Mobile Application Development Agreement (Ex-Im America LTD)
Termination for Breach. Either Party may terminate the Agreement, upon written notice, if the other Party If a party materially breaches this Agreement and/or any Quote (the Agreement “Defaulting Party”), and the Defaulting Party does not cure such breach (a) remains uncured within thirty (30) calendar days after the date the breaching Party receives a its receipt of written notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)breach, the non-breaching Party only defaulting party may terminate this Agreement and/or the relevant Service(s)Quote upon written notice to the Defaulting Party. Termination of a Quote and/or this Agreement will be without prejudice to any other rights and remedies that the non-defaulting party may have under this Agreement and/or at law and/or in equity.
Appears in 2 contracts
Sources: Master Services Agreement, Master Services Agreement
Termination for Breach. Either Party may terminate the AgreementIf either party is in material breach, upon written notice, if the other Party materially breaches party shall so notify the Agreement and breaching party in writing, specifying the breach (a) remains uncured nature of the breach. The breaching party shall have thirty (30) days after from receipt of such notice to correct the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being curedbreach. If the material breach relates solely to one or more Services (but is not all the Services)cured within that time period, the non-breaching Party only other party may terminate this Agreement by providing the relevant Service(s)breaching party with written notice of termination.
Appears in 2 contracts
Sources: Master Software Development Agreement, Master Software Development Agreement (Blue Star Foods Corp.)
Termination for Breach. Either Party may terminate In the Agreement, upon written notice, if the other Party materially breaches the Agreement and the event of any breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)this agreement, the non-breaching Party only party may terminate this agreement by giving 60 days written notice to the relevant Service(s)other party in the manner provided for in Section 3.3 above; provided, however, that this agreement shall not terminate if the other party has cured the breach prior to the expiration of such 60 day period, or if such breach cannot be cured within such 60 day period, the other party has taken steps within such 60 day period to cure the breach and thereafter cured such breach as soon as practicable.
Appears in 2 contracts
Sources: Sales Agency Website Agreement (Earthramp Com Communications Inc), Sales Agency Website Agreement (Earthramp Com Communications Inc)
Termination for Breach. Either Party may terminate this Agreement in the Agreement, upon written notice, if event of a material breach by the other Party materially breaches the Agreement and the breach (a) that remains uncured thirty for a period of fifteen (3015) days after the date following the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable Party’s receipt of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate Party’s written notice setting forth the relevant Service(s)breach.
Appears in 1 contract
Sources: Service Subscription Agreement
Termination for Breach. Either Party may terminate the If either party materially breaches any of its obligations under this Agreement, upon written notice, if the other Party materially breaches party shall have the right, without prejudice to any other rights it may have, at any time thereafter to terminate this Agreement and the breach (a) remains uncured upon at least thirty (30) days after days’ notice thereto, provided that for any such curable breach, such breach has not been cured and is continuing at the date end of the relevant notice period. Such termination shall automatically become effective unless the breaching Party receives a party completely remedies such breach within such notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)period.
Appears in 1 contract
Sources: Settlement Agreement
Termination for Breach. Either Party may terminate the Agreement, upon written notice, if give the other Party materially breaches written notice of a material, substantial and continuing breach of this Agreement (“Breach Notice”). If the Agreement and breaching Party has not cured the breach (a) remains uncured within thirty (30) days after from the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)Breach Notice was received, the non-breaching Breaching Party only may terminate this Agreement. The Parties may agree in writing to extend the relevant Service(s).cure period beyond thirty
Appears in 1 contract
Termination for Breach. Either Party may terminate the If either party breaches any of its obligations under this Agreement, upon written notice, if the other Party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only party may provide the breaching party with written notice of the breach. If the breaching party fails to cure the breach within fifteen (15) days after receipt of such notice, the non-breaching party may terminate this Agreement upon delivery to the relevant Service(s)breaching party of a written notice to that effect, with the termination effective upon receipt of such notice by the breaching party. The non-breaching party may in its reasonable discretion determine whether the breach has been cured.
Appears in 1 contract
Sources: Sales Consultant Agreement
Termination for Breach. Either Party may terminate the AgreementIf either party is in material breach of a ---------------------- Statement of Work, upon written notice, if the other Party materially breaches party shall so notify the Agreement and breaching party in writing, specifying the breach (a) remains uncured nature of the breach. The breaching party shall have thirty (30) days after from receipt of such notice to correct the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being curedbreach. If the material breach relates solely to one or more Services (but is not all the Services)cured within that time period, the non-breaching Party only other party may terminate the relevant Service(s)Statement of Work by providing the breaching party with written notice of termination.
Appears in 1 contract
Termination for Breach. Either Party party may terminate this Agreement upon a material breach of the Agreement, upon written noticeAgreement by the other, if the other Party materially breaches the Agreement and breaching party does not cure the breach within forty-five (a45) remains uncured days after written notice from the nonbreaching party specifying the breach. Notwithstanding the foregoing, SalesLogix may terminate this Agreement upon written notice if Customer fails to pay any sums due under this Agreement within thirty (30) days after the date the breaching Party receives a notice from due date. Termination by either party for breach shall not release the other Party describing party from any liability to the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)nonbreaching party for such breach.
Appears in 1 contract
Termination for Breach. Either Any Party may terminate this Agreement in the Agreement, upon written notice, if event of a material breach by the other Party materially breaches of any of the Agreement and the material terms or conditions of this Agreement, provided such breach is not remedied within sixty (a) remains uncured thirty (3060) days after the date notice to the breaching Party receives a notice thereof from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate or otherwise cured pursuant to the relevant Service(s)dispute resolution provisions set forth in Section 14 herein.
Appears in 1 contract
Sources: Energy Efficiency Program Agreement
Termination for Breach. Either Party may terminate In the Agreement, upon written notice, if event either party fails to perform any material term in this Agreement (the other Party materially breaches the Agreement "Defaulting Party") and the fails to cure such breach (a) remains uncured within thirty (30) days after the date the breaching Party receives a of receipt of written notice from the other Party describing party specifically identifying the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)breaches, the non-breaching other party may, without limitation of its other rights, and at its election, terminate this Agreement, without further obligation or liability to the Defaulting Party only may terminate thereunder by giving at least ten (30) days advance written notice to the relevant Service(s)Defaulting Party of the intended termination date.
Appears in 1 contract
Sources: Strategic Collaboration Agreement (New Generation Plastic Inc /De/)
Termination for Breach. Either In the event of any material breach of the Agreement or any Ordering Document by either Party, the other Party may terminate such Agreement or Ordering Document, by giving thirty (30) days' prior written notice thereof, provided, however, that such Agreement or Ordering Document shall not terminate at the Agreement, upon written notice, end of such thirty (30) days' notice period if the Party in breach has provided (i) evidence to the other Party materially breaches that it has cured the Agreement and material breach of which it has been notified prior to the breach (a) remains uncured expiration of such thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (bii) is incapable of being cured. If reasonable assurances that the material breach relates solely to one or more Services (but will not all the Services), the non-breaching Party only may terminate the relevant Service(s)occur again.
Appears in 1 contract
Sources: Affiliate Agreement
Termination for Breach. Either (a) If a party breaches any provision of the Agreement (Breaching Party), the other party may give written notice requiring the Breaching Party to remedy the breach. If the Breaching Party does not remedy the breach within 10 Business Days of receiving such a notice, the other party may terminate the Agreement, upon written notice, if the other Party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or .
(b) is incapable of being cured. If the material Provider exercises its right to terminate for unremedied breach relates solely by the Client in accordance with the Agreement, Provider will not be obliged to one or more Services (but not all refund any money to the Services), the non-breaching Party only may terminate the relevant Service(s)Client.
Appears in 1 contract
Sources: Terms of Use Agreement
Termination for Breach. Either Party party may terminate the Agreement, upon written notice, this Agreement if the other Party materially party breaches the any material term of this Agreement and the breach (a) remains uncured thirty (30) is not cured within [***] days after written notice of the breach is provided to the defaulting party by the non-defaulting party. Unless otherwise provided in the notice, or unless the breach has been cured, the termination is effective [***] days after the date of the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)notice.
Appears in 1 contract
Sources: Wireless Internet Service Agreement (Jamdat Mobile Inc)
Termination for Breach. Either Party Any party may terminate the Agreement, upon this Agreement by written notice, notice to each other party if the other Party a party materially breaches the any provision of this Agreement and the fails to cure such breach (a) remains uncured within thirty (30) days after the date the breaching Party receives a receiving written notice from the other Party describing of the breach and requiring it from a non- breaching party. Notwithstanding any termination of the Agreement, a party in breach of its obligations under this Agreement shall be liable to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not any nonbreaching party for all the Services), the Damages incurred by such non-breaching Party only may terminate the relevant Service(s)party.
Appears in 1 contract
Termination for Breach. Either Party may terminate the Agreement, upon written notice, this Agreement if the other Party materially breaches commits a material breach of this Agreement, including a breach of a representation or warranty by giving the Agreement and breaching Party written Notice of termination for breach (a “Termination for Breach”). The Notice of Termination for Breach must specify the nature of the breach (a) remains uncured thirty (30) in reasonable detail. This Agreement will terminate if a material breach is not cured within 60 days after the date Notice of Termination for Breach is given. A Termination for Breach will be without prejudice to the breaching rights either Party receives a notice from may have against the other Party describing other, whether arising in connection with the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)otherwise.
Appears in 1 contract
Sources: Distribution Agreement (AgEagle Aerial Systems Inc.)
Termination for Breach. Either Party may terminate the Agreementparty may, upon written on notice, terminate this Agreement (and all Enrollments) if the other Party party materially breaches the Agreement and this Agreement. Except where the breach (a) remains uncured thirty (30) days after is by its nature not curable within 30 days, the date the breaching Party receives a notice from terminating party must give the other Party describing the breach party 30 days’ notice and requiring it opportunity to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)cure.
Appears in 1 contract
Termination for Breach. Either Party may terminate the this Agreement, effective immediately upon written noticenotice to the other Party, if for a material breach by the other Party materially breaches the of this Agreement and the breach (a) that, if curable, remains uncured thirty for twenty (3020) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may first gives written notice to the other Party of such breach and its intent to terminate the relevant Service(s)this Agreement if such breach is not cured.
Appears in 1 contract
Sources: Master Services Agreement (X4 Pharmaceuticals, Inc)
Termination for Breach. Either Party party may terminate the Agreement, upon written notice, if the other Party party materially breaches the Agreement and the breach (a) remains uncured thirty (30) unremedied 30 days after the date the breaching Party party receives a notice from the other Party party describing the breach and requiring it to be cured cured; or (b) is incapable of being cured. If However, if the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party party only may terminate the relevant Service(s).
Appears in 1 contract
Sources: User License Agreement
Termination for Breach. Either Each Party may will have the right to terminate this Agreement by written notice to the Agreement, upon written notice, other Party if the other Party materially breaches the Agreement and fails to cure such breach, or implement a corrective action plan designed to cure the breach breach, within sixty (a) remains uncured thirty (3060) days after the date the breaching Party receives a receiving * Confidential Treatment Requested 4. written notice from the other Party describing of the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), from the non-breaching Party only may terminate and if such breach still has not been cured, or a corrective action plan still has not been implemented, when the relevant Service(s)termination notice is given.
Appears in 1 contract
Sources: Exclusive Supply Agreement (Sorrento Networks Corp)
Termination for Breach. Either Party may terminate the A) If either party breaches a material term of this Agreement, upon written notice, and if the other Party materially breaches the Agreement and breaching party does not cure the breach (a) remains uncured thirty (30) within 30 calendar days after receiving notice of the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)breach, the non-breaching Party only party may immediately thereafter terminate this Agreement.
B) If a party believes in good faith that the other is in breach of Section 5), above, and doesn’t cure that breach within 3 business days’ of receiving notice of the breach, the non-breaching party may terminate the relevant Service(s)this Agreement, regardless of whether an actual breach occurred.
Appears in 1 contract
Sources: Collaboration and Data Licensing Agreement (Startengine Crowdfunding, Inc.)
Termination for Breach. Either Party FIGmd or Practice may terminate the Agreement, this Agreement upon written notice, if the other Party materially breaches the Party’s material breach of this Agreement and the breach (a) remains uncured thirty (30) days after the date by providing the breaching Party receives a with written notice of its intention to terminate. The breaching Party shall have ten (10) days from receipt of such notice to cure the other Party describing the breach and requiring it to be cured or (b) is incapable of being curedbreach. If such breach is not cured to the material breach relates solely to one or more Services (but not all the Services), the satisfaction of such non-breaching Party only may Party, this Agreement shall terminate automatically effective at the relevant Service(s)end of such ten (10)-day cure period.
Appears in 1 contract
Sources: Master Registry Agreement
Termination for Breach. Either Party party may terminate the Agreement, upon written notice, if this Agreement for material breach of the other Party materially breaches party by giving written notice to the Agreement other party and specifying the nature of the alleged breach. If the other party has not cured or commenced efforts to substantially cure such breach (a) remains uncured within thirty (30) days after following receipt of the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)breach, then the non-breaching Party only may party shall have the right to terminate this Agreement immediately upon written notice to the relevant Service(s)breaching party.
Appears in 1 contract
Sources: Master Services Agreement (Celldex Therapeutics Inc)
Termination for Breach. Either Party party may terminate this Agreement in the Agreement, upon written notice, if event that the other Party materially breaches the party is in material breach of its obligations under this Agreement and the such breach (a) remains uncured thirty for a period of twenty (3020) days after following written notice of breach. In the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) event this Agreement is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)terminated as provided in this Subsection, the non-breaching Party only may party’s sole remedy shall be its election to terminate the relevant Service(s)Agreement without further liability by either party to the other except as otherwise provided elsewhere in this Section 9. The parties’ right to claim damages under Section 11 shall remain unaffected.
Appears in 1 contract
Sources: General Terms and Conditions
Termination for Breach. Either Party party may terminate this Agreement and the Agreement, Service Period upon written notice, notice to the other party if the other Party party materially breaches the any term of this Agreement and the fails to cure such breach (a) remains uncured within thirty (30) days after of the date original notice thereof or such other period as may be mutually agreed to by the parties; provided further that in the event a breach is not curable, the non- breaching Party receives a party may immediately terminate on written notice from to the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)party.
Appears in 1 contract
Sources: Terms and Conditions
Termination for Breach. Either Party may terminate In the Agreement, upon written notice, if the other event that a Party materially breaches the Agreement any of its obligations under this Agreement, and the does not cure such breach (a) remains uncured thirty (30) within 10 days after the date the breaching Party receives a receiving written notice thereof from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)non-breaching Party, then the non-breaching Party only may may, in addition to any other remedies available to it, terminate any Transition Service affected by such breach or this Agreement in its entirety by providing written notice of termination to the relevant Service(s)other Party, which termination shall be effective immediately.
Appears in 1 contract
Sources: Asset Purchase Agreement (Macquarie Infrastructure CO LLC)
Termination for Breach. Either Any Party may terminate the Agreement, upon written notice, this Agreement if the other another Party materially breaches the Agreement and the breaching Party fails to cure such breach (a) remains uncured within thirty (30) days after the date the breaching Party receives a from receipt of written notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate describing the relevant Service(sbreach, except that there shall be no cure period for breaches of Section 6 hereof (Confidential Information).
Appears in 1 contract
Termination for Breach. Either Party party may terminate the Agreement, upon written notice, this Agreement (i) if the other Party party materially breaches the Agreement its obligations hereunder and the such breach (a) remains uncured for thirty (30) days after the date following delivery of written notice to the breaching Party receives a party of the breach, or (ii) immediately upon written notice from if the other Party describing the breach and requiring it party is subject to be cured voluntary or (b) is incapable of being cured. If the material breach relates solely to one involuntary bankruptcy proceedings, insolvency, liquidation or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)otherwise substantially discontinues its business operations.
Appears in 1 contract
Sources: Adcenter License, Hosting and Support Agreement (Looksmart LTD)
Termination for Breach. Either Party If either party materially breaches any of Its obligations and falls to remedy the breach within 10 days after notice thereof by the other party, then the other party may terminate this Agreement at the Agreement, upon written notice, if end of that 10-day period. No refunds will be made to the party that has breached by the other Party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)party.
Appears in 1 contract
Sources: Development and Support License Agreement (Vocus, Inc.)
Termination for Breach. Either Except as set forth herein (in particular excluding Section 3.8.6), either Party may terminate the this Agreement, effective immediately upon written noticenotice to the other Party, if for a material breach by the other Party materially breaches the of this Agreement and the breach (a) that remains uncured ninety (90) days (thirty (30) days after in the date the breaching Party receives a notice from the other Party describing event that the breach and requiring it is a failure of a Party to be cured or (bmake any payment required hereunder) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), after the non-breaching Party only may first gives written notice to the other Party of such breach and its intent to terminate the relevant Service(s)this Agreement if such breach is not cured.
Appears in 1 contract
Sources: Collaboration Agreement (Transition Therapeutics Inc.)
Termination for Breach. Either Party may terminate this Agreement at any time by giving written notice to the Agreement, upon written notice, other Party if the other Party materially breaches commits a material breach of this Agreement, and, if curable, fails to cure the Agreement and the breach (a) remains uncured breach, within thirty (30) days after being given written notice, specifying details of the date the breaching Party receives a notice from the other Party describing the breach breach, and requiring it the same to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)remedied.
Appears in 1 contract
Termination for Breach. Either Party Notwithstanding Section 15.1, either party (the “Terminating Party”) may terminate the Agreement, upon written notice, this Agreement for breach if the other Party materially breaches the Agreement and the party fails to cure a material breach (a) remains uncured thirty (30) more than 30 days after delivery by the date Terminating Party of notice stating the breaching Party receives a notice from intent to terminate and reasonably describing the breach. In the event of termination of this Agreement by either party for material breach by the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)party, the non-breaching Party only may terminate the relevant Service(s)terminating party shall be entitled to pursue all other remedies available at law or equity.
Appears in 1 contract
Termination for Breach. Either In the event that a Party may terminate the breaches any material term of this Agreement, upon the other Party shall have the right to terminate this Agreement by giving forty-five (45) days’ written noticenotice to the breaching Party; provided, however, that in the case of a breach capable of being cured, if the other Party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the cures such breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate within the relevant Service(s)notice period, then the notice shall not be effective.
Appears in 1 contract
Sources: Supply Agreement (Codex DNA, Inc.)
Termination for Breach. Either Party party may terminate the AgreementAgreement or either the Design Services or the Manufacturing Services for breach if (i) the other party defaults in any payment to the terminating party and such default continues without a cure for a period of fourteen (14) days after the delivery of written notice thereof by the terminating party to the other party, upon written notice, or (ii) if the other Party materially breaches party defaults in the performance of any other material term or condition of this Agreement and the breach (a) remains uncured such default continues unremedied for a period of thirty (30) days after the date delivery of written notice thereof by the breaching Party receives a notice from terminating party to the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)party.
Appears in 1 contract
Termination for Breach. Either Party may terminate the Agreement, this Agreement immediately upon written notice, if notice in the event that the other Party materially breaches the this Agreement and thereafter (i) in the case of material breach (a) remains uncured resulting from non-payment of amounts due hereunder, has failed to pay such amounts within thirty (30) days after the date the breaching Party receives a receiving written notice from the other Party describing the breach and requiring it to be cured thereof; or (bii) is incapable of being cured. If the has failed to cure any other material breach relates solely (or to one or more Services commence diligent efforts to cure such breach that are reasonably acceptable to the terminating Party) within thirty (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)30) days after receiving written notice thereof.
Appears in 1 contract
Sources: Software License Agreement
Termination for Breach. Either If either Party materially breaches this Agreement, the other Party may terminate the Agreement, this Agreement upon written notice, if the other Party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the breaching Party receives a days’ prior written notice from (“Notice Period”) to the other Party describing unless the breach and requiring it is cured to be cured the sole satisfaction of the non-breaching Party during such Notice Period; provided, that in the event either Party materially breaches its representations or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)warranties as set forth in Section 11.1, the non-breaching Party only may terminate this Agreement with immediate effect upon written notice to the relevant Service(s)breaching Party.
Appears in 1 contract
Sources: Collaborative Research and Development Agreement (NLS Pharmaceutics Ltd.)
Termination for Breach. Either Party may terminate the Agreement, upon written notice, this Agreement if the other Party materially breaches the Agreement commits a material breach of this Agreement, and the such material breach (a) remains uncured thirty (30) is not cured within [***] days after receipt of written notice thereof from the date other Party; provided that if such material breach cannot reasonably be cured within [***] days, the Parties shall mutually agree on a reasonable additional period of time for the breaching Party receives a notice from to cure such breach, and the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but shall not all the Services), the nonterminate this Agreement until such agreed-breaching Party only may terminate the relevant Service(s)upon reasonable additional time period expires.
Appears in 1 contract
Sources: Clinical Trial Collaboration and Supply Agreement (IDEAYA Biosciences, Inc.)
Termination for Breach. Either In the event of a breach of this Agreement by either Party may terminate the Agreement, upon written notice, if the other Party materially breaches the Agreement and the such Party's failure to remedy such breach (a) remains uncured within thirty (30) days after the date the breaching Party receives a receiving notice thereof from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only which specifies the circumstances that constitute the breach, then the non-breaching Party may terminate this Agreement with immediate effect upon written notice to the relevant Service(s)breaching Party; provided, however, that such thirty (30) day period shall be reduced to twenty (20) days with respect to any failure by Nycomed to pay amounts due under this Agreement on the date when such amounts become due.
Appears in 1 contract
Sources: Sales, Marketing and Distribution Agreement (Medicines Co/ Ma)
Termination for Breach. Either Party party may terminate the Agreement, immediately upon written notice, if the other Party party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the breaching Party party receives a written notice from the other Party party describing the breach and requiring it to be cured cured; or (b) is incapable of being cured. If However, if the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only party may terminate only the relevant Service(s).
Appears in 1 contract
Sources: Content License Agreement
Termination for Breach. Either Party party may terminate the Agreement, upon written notice, this Agreement if the other Party party materially breaches the Agreement and the breach its obligations hereunder, provided that (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate party sends written notice to the relevant Service(s)breaching party that specifies the nature of the breach and the expected cure, if possible to cure and (b) the breaching party does not cure the breach within sixty (60) days following its receipt of such notice.
Appears in 1 contract
Sources: Mobile Health Clinic Agreement
Termination for Breach. Either Party may terminate In the Agreement, upon written notice, if the other Party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the breaching Party receives event of a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to of this Agreement by one or more Services (but not all the Services)Party, the non-breaching Party only may provide written notice of the breach and terminate this Agreement provided, however, that the relevant Service(s)breaching Party shall be afforded the opportunity to cure such breach, if curable, within thirty (30) days of its receipt of written notice of such breach. If the breaching Party, prior to expiration of such time period, has cured the breach, this Agreement shall remain in effect.
Appears in 1 contract
Sources: Medical Director Agreement
Termination for Breach. Either Party may terminate the Agreement, upon written notice, an Agreement if the other Party materially breaches is in material breach of the Order Form or this Agreement and the such breach (a) remains uncured for more than thirty (30) days after receipt of written notice thereof; provided that if Company and Radial are Party to multiple Agreements, then only the date the breaching Party receives a notice from the other Party describing the Agreement(s) affected by such breach and requiring it to may be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)terminated.
Appears in 1 contract
Sources: Fulfillment Services Agreement
Termination for Breach. Either Party party may terminate the Agreement, upon written notice, this Agreement for ---------------------- material breach by another party if the other Party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services remains uncured for a period of fifteen (but not all 15) days following receipt of notice of the Services)breach. Thereafter, the a non-breaching Party only party may terminate the relevant Service(s)immediately by issuing a notice of termination.
Appears in 1 contract
Sources: Interim Software License Agreement (Concentra Operating Corp)
Termination for Breach. Either Party party may terminate the Agreementthis Agreement at any time, upon written notice, if in response to a material breach by the other Party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from party by giving the other Party describing party notice of such intention to terminate and sixty (60) Days to cure the breach and requiring it to be cured or (b) is incapable of being curedmaterial breach. If the other party fails to cure the material breach relates solely to one or more Services within such sixty (but not all the Services)60) day period, the non-breaching Party only such party may terminate this Agreement by further written notice of termination to the relevant Service(s)other party. Such termination shall not affect any other legal or equitable remedies for breach which the terminating party may have.
Appears in 1 contract
Termination for Breach. Either Party may terminate the If either party breaches any provision contained in this Agreement, upon written notice, if the other Party materially breaches the Agreement and the breach (a) remains uncured is not cured within thirty (30) days after the date breaching party receives notice of the breach from the non‐breaching party, the non‐breaching party may then deliver a second notice to the breaching Party receives party immediately terminating this Agreement. Failure of the Client to perform specific instructions pertaining to Services by an officer or representative of CCN, will be considered a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)this Agreement.
Appears in 1 contract
Sources: Service Agreement
Termination for Breach. Either Party may terminate the Agreement, upon written notice, if the other Party If either party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)this Agreement, the non-breaching Party only party may provide the breaching party with written notice of the breach. If the breaching party fails to cure the breach within 30 days after receipt of such notice, the non-breaching party may terminate this Agreement upon delivery to the relevant Service(s)breaching party of a written notice to that effect, with the termination effective upon delivery of such notice. The non-breaching party may, in its reasonable discretion, determine whether the breach has been cured.
Appears in 1 contract
Sources: Video Production Agreement
Termination for Breach. Either Party may terminate the Agreement, this Agreement immediately upon written notice, if notice in the event that the other Party materially breaches the this Agreement and the breach thereafter: (a) remains uncured in the case of material breach resulting from non-payment of amounts due hereunder, has failed to pay such amounts within ten (10) days after receiving written notice thereof; or (b) has failed to cure any other material breach (or to commence diligent efforts to cure such breach that are reasonably acceptable to the terminating Party) within thirty (30) days after the date the breaching Party receives a receiving written notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)thereof.
Appears in 1 contract
Sources: Master Services Agreement
Termination for Breach. Either Except as set forth herein, (i) either Party may terminate the this Agreement, effective immediately upon written noticenotice to the other Party, if for a material breach by the other Party materially breaches the of any term of this Agreement and the breach (a) that remains uncured sixty (60) days (thirty (30) days after in the date the breaching Party receives a notice from the other Party describing event that the breach and requiring it is a failure of a Party to be cured or (bmake any payment required hereunder) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), after the non-breaching Party only may first gives written notice to the other Party of such breach and its intent to terminate the relevant Service(s)this Agreement if such breach is not cured.
Appears in 1 contract
Sources: Collaboration Agreement (Ariad Pharmaceuticals Inc)
Termination for Breach. Either If either Party may terminate the Agreement, upon written notice, if the other Party materially breaches the any material provision contained in this Agreement and the breach (a) remains uncured is not cured within thirty (30) days after the date the breaching Party receives a notice in writing of the breach (together with reasonable details of such breach) from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services)non-breaching Party, the non-breaching Party only may terminate then deliver a second notice to the relevant Service(s)breaching Party immediately terminating this Agreement.
Appears in 1 contract
Sources: Indemnification & Liability
Termination for Breach. Either Party Sponsor, Institution or Investigator (the “Non-Breaching Party”) may terminate this Agreement for a material breach of a provision of this Agreement by another party (the Agreement“Breaching Party”), immediately upon written noticenotice to the other parties, if the other Party materially breaches the Agreement and the such breach (a) remains uncured is not cured within thirty (30) days after following the date the breaching Party receives a Breaching Party’s receipt of written notice of such breach from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the nonNon-breaching Party only may terminate the relevant Service(s)Breaching Party.
Appears in 1 contract
Sources: Clinical Trial Agreement
Termination for Breach. Ukončení platnosti z důvodu porušení Smlouvy. Either Party Sponsor or Institution (the “Non- Breaching Party”) may terminate this Agreement for a material breach of a provision of this Agreement by the Agreementother party (the “Breaching Party”), immediately upon written noticenotice to the other party, effective on the following day, if the other Party materially breaches the Agreement and the such breach (a) remains uncured is not cured within thirty (30) days after following the date the breaching Party receives a Breaching Party’s receipt of written notice of such breach from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the nonNon-breaching Party only may terminate the relevant Service(s)Breaching Party.
Appears in 1 contract
Sources: Clinical Trial Agreement
Termination for Breach. Either Party party may terminate the Agreement, this Agreement immediately upon written notice, if notice in the event that the other Party party materially breaches the this Agreement and (i) in the case of material breach resulting from non-payment of amounts due hereunder, has failed to pay such amounts within ten (10) days after receiving written notice thereof, or (ii) has failed to cure any other material breach (aor to commence diligent efforts to cure such breach that are reasonably acceptable to the terminating party) remains uncured within thirty (30) days after the date the breaching Party receives a receiving written notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)thereof.
Appears in 1 contract
Sources: License Agreement
Termination for Breach. Either In the event either Party may terminate the Agreement, upon written notice, if becomes aware that the other Party materially breaches the Agreement and the breach (a) remains uncured thirty (30) days after the date the breaching Party receives has engaged in a notice from the other Party describing the breach and requiring it to be cured pattern of activity or (b) is incapable of being cured. If the practice that constitutes a material breach relates solely to one or more Services (but not all the Services)violation of this Agreement, the non-breaching Party only may request in writing that the breaching Party cure the breach of violation. If the breach of violation is not cured within thirty (30) days of the written notice, the non-breaching Party may terminate this Agreement and the relevant Service(s)Agreement.
Appears in 1 contract
Sources: Business Associate Agreement
Termination for Breach. Either Party may terminate party will notify the Agreement, upon written notice, other party if the other Party materially breaches the Agreement and party has failed to carry out a material duty. The other party must resolve the breach (a) remains uncured thirty (30) within 30 days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured of notification, or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only party may immediately terminate the relevant Service(s)this agreement.
Appears in 1 contract
Sources: Consultancy Services Agreement
Termination for Breach. Either Party FIGmd or Practice may terminate the Agreement, this Agreement upon written notice, if the other Party’s material breach of this Agreement by providing the non- breaching Party materially breaches the Agreement and the breach with written notice of its intention to terminate. The breaching Party shall have ten (a) remains uncured thirty (3010) days after from receipt of such notice to cure the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured or (b) is incapable of being curedbreach. If such breach is not cured to the material breach relates solely to one or more Services (but not all the Services), the satisfaction of such non-breaching Party only may Party, this Agreement shall terminate automatically effective at the relevant Service(s)end of such ten (10)day cure period.
Appears in 1 contract
Sources: Data Warehousing Agreement
Termination for Breach. Either Party may terminate the Agreement, upon written notice, if the other Party materially breaches If a party fails to cure a material breach of the Agreement and the breach (a) remains uncured within thirty (30) days after the date the breaching Party receives a receiving written notice from of breach, the other Party describing the breach and requiring it to be cured or (b) is incapable of being cured. If the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only party may then terminate the relevant Service(s)Agreement within the following thirty (30) days. We will refund you any prepaid, unused fees.
Appears in 1 contract
Sources: Terms of Service
Termination for Breach. Either Party party may terminate this Agreement in the Agreement, upon written notice, if event of a material breach of the terms or conditions of this Agreement by the other Party materially breaches the Agreement and the party if that breach (a) remains uncured is not cured within thirty (30) days after the date the breaching Party receives a of written notice from the other Party describing party not in breach. In addition to these rights of termination, each party will have the breach and requiring it to be cured or (b) is incapable right, in the event of being cured. If the an uncured material breach relates solely by the other party, to one avail itself of all remedies or more Services (but not all the Services)causes of action, the non-breaching Party only may terminate the relevant Service(s)in law or equity, for damages as a result of such breach.
Appears in 1 contract
Sources: Electronic Software Distribution Agreement (Releasenow Com Corp)
Termination for Breach. Either Party may terminate this Agreement by written notice to the Agreement, upon written notice, other Party if the other Party materially breaches the commits a material breach of this Agreement and the breach remains uncured for 30 days following written notice of breach by the terminating Party; provided, however, that Forward Networks may immediately terminate the Agreement without refund, upon written notice to Customer, in the event that: (a) remains uncured thirty (30) days after the date the breaching Party receives a notice from the other Party describing the breach and requiring it to be cured Customer violates Section 3.2; or (b) is incapable of being cured. If Customer fails to pay any amount owed under an Order within 10 days after the material breach relates solely to one or more Services (but not all the Services), the non-breaching Party only may terminate the relevant Service(s)due date.
Appears in 1 contract
Sources: Master Services Agreement