Termination for Breach. This Agreement may be terminated by the Company or the Buyer in the event the other party is in breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party of the breach, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breach.
Appears in 12 contracts
Sources: Securities Purchase Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc)
Termination for Breach. This Either party may suspend performance or terminate this Agreement may be terminated by the Company or the Buyer in the event if: (i) the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this the Agreement such and fails to cure that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of the breach, and this Agreement more than two times notwithstanding any cure of such breach has continued without cure for a period of ten (10) Business Days after the notice of breachbreaches.
Appears in 12 contracts
Sources: Terms of Use, Terms of Use, Google Apps for Education Agreement
Termination for Breach. This Either Party may terminate this Agreement may be terminated by the Company or the Buyer in the event if: (i) the other party Party is in material breach in any material respect of any representation, warranty, covenant the Agreement and fails to cure such breach within thirty (30) days after receipt of written notice requiring it to make such rectification or agreement contained in this Agreement such that breach is not capable of rectification; or (ii) the conditions other Party ceases its business operations or becomes subject to insolvency proceedings and which proceedings are not dismissed within thirty (30) days (unless a Party is prevented from terminating due to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party provisions of the breach, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breachapplicable law).
Appears in 6 contracts
Sources: Master Services Agreement, Master Services Agreement, Master Services Agreement
Termination for Breach. This Agreement may be terminated by the Company or the Buyer in the event If a party materially breaches this Agreement, the other party, after giving the breaching party is in breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party of the breach, and such breach has continued without cure for a period of ten (10) Business Days after days prior written notice, may terminate this Agreement if the notice breach remains uncured. In addition, either party may terminate this Agreement if the other party makes a general assignment for the benefit of breachits creditors, permits the appointment of a receiver for its business or assets, or takes steps to wind down its business.
Appears in 6 contracts
Sources: Content Distributor Agreement (Media888 Inc), Content Distributor Agreement (Media888 Inc), Distributor Agreement (Media888 Inc)
Termination for Breach. This Either Party may terminate this Agreement may be terminated by the Company or the Buyer in the event if: (i) the other party Party is in material breach in any material respect of any representation, warranty, covenant the Agreement and fails to cure such breach within thirty (30) days after receipt of written notice; or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified (ii) the other party of the breachParty ceases its business operations or becomes subject to insolvency proceedings, and such breach has continued without cure for a period of ten which proceedings are not dismissed within thirty (1030) Business Days after the notice of breachdays.
Appears in 5 contracts
Sources: Master Customer Agreement, Master Customer Agreement, Master Customer Agreement
Termination for Breach. This Either party may terminate the Agreement may be terminated by the Company or the Buyer in the event if: (a) the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this the Agreement and fails to remedy such that breach within thirty (30) days after receipt of written notice to do so from the conditions to the nonbreaching non-defaulting party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified ; (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety (90) days or the other party otherwise suffers or is subject to any insolvency event; or (c) the other party materially breaches the Agreement more than three (3) times notwithstanding any remedy of the breach, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breachbreaches.
Appears in 5 contracts
Sources: Master Agreement, Public Platform Master Agreement, Public Platform Master Agreement
Termination for Breach. This Agreement may be terminated by the Company or the Buyer in the event the other party is in breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party of the breach, and such breach has continued without cure for a period of ten (10) Business Days days after the notice of breach.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc), Securities Purchase Agreement (Meta Financial Group Inc)
Termination for Breach. This Either Party may terminate this Agreement may be terminated by the Company or the Buyer in the event for breach if: (i) the other party Party is in material breach in any material respect of any representation, warranty, covenant the Agreement and fails to cure that breach within thirty days after receipt of written notice; or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified (ii) the other party of Party ceases its business operations or becomes subject to insolvency proceedings and the breach, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breachproceedings are not dismissed within ninety days.
Appears in 4 contracts
Sources: End User License Agreement, End User License Agreement, End User License Agreement
Termination for Breach. This A party may immediately terminate this Agreement may be terminated by written notice to the Company other if any of the following events has occurred in respect of the other party:
(a) a material breach of this Agreement which is not remediable or the Buyer in the event if capable of remedy, where the other party is in fails to remedy the breach in any material respect within thirty (30) days of any representationwritten notice; and
(b) an Insolvency Event occurs, warranty, covenant or agreement contained in this Agreement such that the conditions other than an internal reconstruction with notice to the nonbreaching other party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party of the breach, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breach.
Appears in 4 contracts
Sources: Software Product Development Agreement, Software Product Development Agreement, Software Development Agreement
Termination for Breach. This Either Think Power or Customer may terminate this Agreement may be terminated by the Company or the Buyer in the event if: (i) the other party is in material breach in any material respect of any representation, warranty, covenant the Agreement and fails to cure that breach within 30 days after receipt of written notice or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified (ii) the other party of ceases its business operations or becomes subject to insolvency proceedings and the breach, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breachproceedings are not dismissed within 90 days.
Appears in 3 contracts
Sources: Saas Agreement, Saas Agreement, Saas Agreement
Termination for Breach. This Either party may terminate this Agreement may be terminated by the Company or the Buyer in the event if: (i) the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this the Agreement such and fails to cure that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of the breach, and this Agreement more than two times notwithstanding any cure of such breach has continued without cure for a period of ten (10) Business Days after the notice of breachbreaches.
Appears in 3 contracts
Sources: Purchase Agreement, Purchase Agreement, License Agreement
Termination for Breach. This Either party may suspend performance or terminate this Agreement may be terminated by the Company or the Buyer in the event if: (i) the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this the Agreement such and fails to cure that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of the breach, and this Agreement more than two times notwithstanding any cure of such breach has continued without cure for a period of ten (10) Business Days after the notice of breachbreaches.
Appears in 3 contracts
Sources: Institutional Agreement, Google Apps for Education Agreement, Google Apps for Work via Reseller Agreement
Termination for Breach. This In addition to any other rights and/or remedies that either party may have under the circumstances, all of which are expressly reserved, either party may suspend performance of and/or terminate this Agreement may be terminated by the Company or the Buyer in the event if (i) the other party is in breach in materially breaches any material respect term or condition of any representation, warranty, covenant or agreement contained in this Agreement and fails to cure such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party breach within thirty (30) days after receiving written notice of the breach, and such or (ii) either party is in material breach has continued without cure for a period of ten (10) Business Days after the notice of breachSection 6.1.
Appears in 3 contracts
Sources: Portal Services Agreement (Inktomi Corp), Portal Services Agreement (Inktomi Corp), Portal Services Agreement (Inktomi Corp)
Termination for Breach. This Each Party may terminate this Agreement may be terminated by upon sixty (60) days’ prior written notice to the Company or the Buyer other Party in the event that the other party is in breach in any material respect of any representation, warranty, covenant or agreement contained in Party (i) materially breaches this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party of the breachAgreement, and (ii) does not cure such breach has continued without cure for a period of ten within such sixty (1060) Business Days after the notice of breachday period.
Appears in 3 contracts
Sources: Sourcing Services Agreement (SharkNinja, Inc.), Sourcing Services Agreement (SharkNinja, Inc.), Sourcing Services Agreement
Termination for Breach. This Either party may terminate the Agreement may be terminated by the Company or the Buyer in the event if the other party party: (a) is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party of the breach, Agreement and such fails to cure that breach has continued without cure for a period within thirty days after receipt of ten written notice; or (10b) Business Days after ceases its business operations or becomes subject to insolvency proceedings and the notice of breachproceedings are not dismissed within ninety days.
Appears in 2 contracts
Sources: Ledyard Ventures (Online) Agreement, G Suite (Online) Agreement
Termination for Breach. This Either party may terminate this Agreement may be terminated by the Company or the Buyer in the event (i) if the other party is in commits a material breach in any of the Agreement and fails to cure such material respect breach within 15 days of any representation, warranty, covenant or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified written notice from the other party and/or (ii) immediately if the other party becomes insolvent, has filed for bankruptcy, or if a notice or demand for winding up has been issued in respect of the breach, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breachparty.
Appears in 2 contracts
Sources: Referral Partner Agreement, Affiliate Partner Agreement
Termination for Breach. This Either 8bits1byte Limited or Customer may terminate this Agreement may be terminated by the Company or the Buyer in the event if: (i) the other party is in material breach in any material respect of any representation, warranty, covenant the Agreement and fails to cure that breach within 30 days after receipt of written notice or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified (ii) the other party of ceases its business operations or becomes subject to insolvency proceedings and the breach, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breachproceedings are not dismissed within 90 days.
Appears in 2 contracts
Sources: Master Subscription Agreement, Master Subscription Agreement
Termination for Breach. This Agreement A party may be terminated by the Company or the Buyer in the event suspend performance and/or terminate this Agreement, with immediate effect, if the other party party:
(a) is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such that where the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by breach is incapable of remedy; or
(b) is in material breach of this Agreement would not be satisfied, where the terminating party has notified the other party breach is capable of the breach, remedy and such fails to remedy that breach has continued without cure for a period of ten within thirty (1030) Business Days days after the receiving written notice of such breach.
Appears in 2 contracts
Sources: Promotion and Distribution Agreement (WhiteSmoke, Inc.), Promotion and Distribution Agreement (WhiteSmoke, Inc.)
Termination for Breach. This Either party may terminate this Agreement may be terminated by the Company or the Buyer in the event due to the other party’s breach of this Agreement, such as failure to perform its duties, obligations, or responsibilities herein (including, without limitation, failure to pay royalties and provide reports as set forth herein). The non-breaching party is in breach in any material respect of any representation, warranty, covenant or agreement contained in may terminate this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party of the breach, and if such breach has continued without cure for a period is not cured within sixty (60) days of ten (10) Business Days after the notice of breachthereof.
Appears in 2 contracts
Sources: Limited Tcc™ License Agreement (Tessera Technologies Inc), Limited TCC License Agreement (Tessera Technologies Inc)
Termination for Breach. This Agreement may be terminated by Notwithstanding anything to the Company or the Buyer contrary elsewhere in the event Agreement, either party may suspend performance or terminate this Agreement if: (i) the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this the Agreement such and fails to cure that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified breach within thirty (30) days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety (90) days; (iii) the other party is in material breach of the breach, and this Agreement more than two (2) times notwithstanding any cure of such breach has continued without cure for a period of ten (10) Business Days after the notice of breachbreaches.
Appears in 2 contracts
Sources: Service Provider Agreement, Service Provider Agreement
Termination for Breach. This Either party may terminate this Agreement may be terminated by the Company or the Buyer in the event for breach if: (i) the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this the Agreement such and fails to cure that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of the breach, and this Agreement more than two times notwithstanding any cure of such breach has continued without cure for a period of ten (10) Business Days after the notice of breachbreaches.
Appears in 2 contracts
Sources: Order Form Agreement, Terms of Service
Termination for Breach. This Agreement may be terminated by Notwithstanding anything to the Company or the Buyer contrary elsewhere in the event Agreement, either party may suspend performance or terminate this Agreement if: (i) the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this the Agreement such and fails to cure that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified breach within fifteen (15) days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety (90) days; (iii) the other party is in material breach of the breach, and this Agreement more than two (2) times notwithstanding any cure of such breach has continued without cure for a period of ten (10) Business Days after the notice of breachbreaches.
Appears in 2 contracts
Sources: Marketing Affiliate Agreement, Marketing Affiliate Agreement
Termination for Breach. This Either Party may terminate this Agreement may be terminated by the Company or the Buyer in the event for breach if: (a) the other party Party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such and fails to cure that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified breach within thirty (30) days after receipt of written notice; (b) the other party of Party ceases its business operations; or (c) becomes subject to insolvency proceedings and the breach, and such breach has continued without cure for a period of ten proceedings are not dismissed within ninety (1090) Business Days after the notice of breachdays.
Appears in 2 contracts
Sources: Platform License Agreement, Pulsepoint Aed Platform License Agreement
Termination for Breach. This Either party may terminate this Agreement may be terminated by the Company or the Buyer in the event immediately if:
(a) the other party is in breach in any (other than a trivial breach causing no material respect harm) of any representation, warranty, covenant or agreement contained in provision of this Agreement such that and (where the conditions breach is capable of remedy) the party in breach has failed to remedy the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified breach within 7 days of receipt of written notice from the other party of describing the breach, breach and such breach has continued without cure calling for a period of ten it to be remedied; or
(10b) Business Days after an Insolvency Event occurs in relation to the notice of breachother party.
Appears in 2 contracts
Termination for Breach. This Either party may terminate this Agreement may be terminated immediately by giving written notice to the Company or the Buyer in the event the other party if:
(a) The other party is in breach in any material respect of any representation, warranty, covenant or agreement contained in a fundamental term of this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party of the breach, and such breach has continued without cure for a period of ten (10) is not remedied within 20 Business Days after of written notice from the notice aggrieved party;
(b) The other party becomes, threatens or resolves to become or is in jeopardy of breach.becoming subject to any form of insolvency administration; or
Appears in 2 contracts
Sources: Software License Agreement, Software License Agreement
Termination for Breach. This Agreement may be terminated by the Company or the Buyer in the event If:
(a) a Party commits a material breach of this agreement and fails to remedy that breach within 30 days of receiving notice from the other party is requiring it to do so;
(b) clause 19.4(b) applies; or
(c) an Insolvency Event occurs in breach in any material respect of any representationrelation to a Party, warranty, covenant or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified then the other party of the breachmay terminate this Agreement by written notice to that party, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breachin which case this Agreement will terminate immediately.
Appears in 2 contracts
Sources: Software as a Service Agreement, Software as a Service Agreement
Termination for Breach. This Either party may suspend performance or terminate this Agreement may be terminated by the Company or the Buyer in the event if: (i) the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this the Agreement such and fails to cure that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified breach within thirty days after receiving a written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of the breach, and this Agreement more than two times notwithstanding any cure of such breach has continued without cure for a period of ten (10) Business Days after the notice of breachbreaches.
Appears in 2 contracts
Termination for Breach. This Either party may terminate this Agreement may be terminated by the Company or the Buyer in the event if:
(i) the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified Agreement;
(ii) the other party of ceases its business operations or becomes subject to insolvency proceedings and the breach, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breachproceedings are not dismissed within ninety days.
Appears in 2 contracts
Sources: Terms of Service Agreement, Terms of Service Agreement
Termination for Breach. This One Party may terminate this Agreement may be terminated by the Company or the Buyer in the event suspend performance under this Agreement upon written notice to the other party Party at any time during the Term of this Agreement, if the other Party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement and such that other Party has not cured such material breach within sixty (60) days after notice requesting the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party cure of the breach. If a cure is not capable, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breachnon-breaching Party may terminate this Agreement, or suspend performance under this Agreement, immediately.
Appears in 1 contract
Termination for Breach. This Either party may suspend performance ---------------------- and/or terminate this Agreement may be terminated by the Company or the Buyer in the event if the other party is in breach in materially breaches any material respect term or condition of any representation, warranty, covenant or agreement contained in this Agreement such and fails to cure that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party breach within [*] ([*]) days after receiving written notice of the breach, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breach.
Appears in 1 contract
Termination for Breach. This Either WeVideo or Customer may suspend performance or terminate this Agreement may be terminated by the Company or the Buyer in the event if: (i) the other party is in material breach in any material respect of any representation, warranty, covenant the Agreement and fails to cure that breach within 30 days after receipt of written notice or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified (ii) the other party of ceases its business operations or becomes subject to insolvency proceedings and the breach, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breachproceedings are not dismissed within 90 days.
Appears in 1 contract
Sources: Wevideo Enterprise Agreement
Termination for Breach. This Either party may suspend performance or terminate this Agreement may be terminated by the Company or the Buyer in the event if: (i) the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this the Agreement such and fails to cure that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations; or (iii) the other party is in material breach of the breach, and this Agreement more than two times notwithstanding any cure of such breach has continued without cure for a period of ten (10) Business Days after the notice of breachbreaches.
Appears in 1 contract
Sources: Access and Use Agreement
Termination for Breach. This Either party may suspend performance or terminate this Agreement may be terminated by the Company or the Buyer in the event if: (i) the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this the Agreement such and fails to cure that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified breach within thirty days after receipt of written notice; (ii) the other party of ceases its business operations or becomes subject to insolvency proceedings and the breach, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breach.proceedings are not dismissed within ninety days; or
Appears in 1 contract
Sources: G Suite (Online) Agreement
Termination for Breach. This Either party may terminate this Agreement may be terminated by the Company or the Buyer in the event if (a) the other party is in material breach in any material respect of any representation, warranty, covenant the Agreement and fails to cure that breach within 30 days after receipt of written notice or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified (b) the other party of ceases its business operations or becomes subject to insolvency proceedings and the breach, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breachproceedings are not dismissed within 90 days.
Appears in 1 contract
Termination for Breach. This Either party may terminate this Agreement may be terminated by the Company or the Buyer in the event due to the other party's breach of this Agreement, such as failure to perform its duties, obligations, or responsibilities herein (including, without limitation, failure to pay royalties and provide reports as set forth herein). The parties agree that such breach will cause substantial damages to the party is not in breach in any material respect of any representationbreach. Therefore, warranty, covenant or agreement contained in the non-breaching party may terminate this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party of the breach, and if such breach has continued without cure for a period is not cured within sixty (60) days of ten (10) Business Days after the notice of breachthereof.
Appears in 1 contract
Termination for Breach. This Either party may terminate this Agreement may be terminated by the Company or the Buyer in the event an Addendum if: (a) the other party is in material breach in any material respect of any representation, warranty, covenant the Agreement or agreement contained in this Agreement such an Addendum and fails to cure that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified breach within 30 days after receipt of written notice; (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) the other party materially breaches this Agreement or an Addendum more than two times notwithstanding any cure of the breach, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breachthese breaches.
Appears in 1 contract
Sources: Google Enterprise Geo Master License
Termination for Breach. This Either party may terminate this Agreement may be terminated by the Company or the Buyer in the event written notice if the other party commits a breach of this Agreement:
(a) Where the breach is in incapable of remedy; or
(b) Where the breach in any material respect is capable of any representation, warranty, covenant or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified remedy but the other party fails to rectify the breach within 14 days of a request to do so from the breach, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breachnon-defaulting party.
Appears in 1 contract
Sources: Terms and Conditions
Termination for Breach. This Either party may immediately terminate this Agreement may be terminated by the Company or the Buyer in the event on written notice if the other party party: (i) is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such that where the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by breach is incapable of remedy; or (ii) is in material breach of this Agreement would not be satisfied, where the terminating party has notified the other party breach is capable of the breach, remedy and such fails to remedy that breach has continued without cure for a period of ten within fourteen (1014) Business Days days after the receiving written notice of such breach.
Appears in 1 contract
Sources: Co Marketing Agreement
Termination for Breach. This Either Party may terminate the Agreement may be terminated by the Company or the Buyer in the event if the other party Party (i) is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party of the breachAgreement and fails to cure that breach within 30 days after receipt of written notice, (ii) enters into an arrangement or composition with or for the benefit of its creditors, goes into administration, receivership or administrative receivership, or is dissolved or otherwise ceases its business operations, or (iii) becomes subject to insolvency or bankruptcy proceedings and such breach has continued without cure for a period of ten (10) Business Days after the notice of breachproceedings are not dismissed within 90 days.
Appears in 1 contract
Termination for Breach. This Agreement Either party may be terminated by the Company or the Buyer terminate this agreement and claim immediate action in the event terms hereof if (i) the other party is in breach in materially breaches any material respect term or condition of any representationthis agreement and fails to correct the breach within seven (7) days following written communication specifying the breach, warranty, covenant or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified (ii) the other party of ceases to conduct business in the breachnormal course, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breachbecomes insolvent, enters into insolvency procedures, including business rescue, or is subject to any other judicial proceedings that relate to insolvency.
Appears in 1 contract
Sources: Standard Terms and Conditions
Termination for Breach. This Either party may suspend performance or terminate this Agreement may be terminated by the Company or the Buyer in the event if: (a) the other party is in material breach in any material respect of any representation, warranty, covenant the Agreement and fails to cure that breach within 30 days after receipt of written notice; or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) the other party is in material breach of the breach, and this Agreement more than two times notwithstanding any cure of such breach has continued without cure for a period of ten (10) Business Days after the notice of breachbreaches.
Appears in 1 contract
Termination for Breach. This 4.3.1 Either party may terminate this Agreement may be terminated by if the Company or the Buyer in other party breaches any material term of this Agreement and fails to cure that breach within 30 days after receipt of written notice.
4.3.2 In the event a party learns the other party is in breach in subject to an insolvency event (e.g. failing to pay its obligations as they arise, being declared bankrupt, or commencing proceedings under any material respect of any representation, warranty, covenant or agreement contained in this Agreement such that the conditions law providing debt relief to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied), the terminating party has notified that is not the other party subject of the breach, and such breach has continued without cure for a period insolvency event may terminate the Agreement immediately upon notice to the party that is the subject of ten (10) Business Days after the notice of breachinsolvency event.
Appears in 1 contract
Sources: Master Subscription Agreement
Termination for Breach. This To the extent permitted by applicable law, either party may terminate this Agreement may be terminated by the Company or the Buyer in the event immediately on written notice if (a) the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this the Agreement such and fails to cure that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party breach within 30 days after receipt of written notice of the breach, or (b) the other party ceases its business operations or becomes subject to insolvency proceedings and such breach has continued without cure for a period of ten (10) Business Days after the notice of breachproceedings are not dismissed within 90 days.”
Appears in 1 contract
Termination for Breach. This Either party may suspend performance or terminate this Agreement may be terminated by the Company or the Buyer in the event if: (i) the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party of the breachAgreement and fails to cure that breach within thirty days after receipt of written notice, and unless such breach has continued without cure is for a period non-payment and then within five (5) days of ten (10) Business Days after the notice of breachsuch notice.
Appears in 1 contract
Sources: General Terms and Conditions
Termination for Breach. This Either party may terminate this Agreement may be terminated by the Company or the Buyer in ---------------------- the event the other party is in fails to cure a material breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party within sixty (60) days of the breach, and such breach has continued without cure for a period of ten (10) Business Days after the receiving notice of breachthereof.
Appears in 1 contract
Sources: Manufacturing Services Agreement (Storm Technology Inc)
Termination for Breach. This Agreement Either party may be terminated by the Company suspend performance or the Buyer in the event terminate this Agreement: (a) if the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party of the breach, Agreement and such fails to cure that breach has continued without cure for a period within thirty (30) days after receipt of ten written notice; (10b) Business Days after the notice of breach.if
Appears in 1 contract
Sources: Master Services Agreement
Termination for Breach. This Either Party may terminate this Agreement may be terminated by if: (i) the Company or other Party is in material breach of the Buyer Agreement and fails to cure such breach within thirty (30) days after receipt of written notice. For the avoidance of doubt, in the event Customer terminates the Agreement as a result of material breach by PureCyber, Customer remains liable to pay PureCyber the Deposit which shall not be refunded or waived; or (ii) the other party is in breach in any material respect of any representation, warranty, covenant Party ceases its business operations or agreement contained in this Agreement such that the conditions becomes subject to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would insolvency proceedings’ which proceedings are not be satisfied, the terminating party has notified the other party of the breach, and such breach has continued without cure for a period of ten dismissed within thirty (1030) Business Days after the notice of breachdays.
Appears in 1 contract
Sources: Master Customer Agreement
Termination for Breach. This Either party may suspend performance or terminate this Agreement may be terminated by the Company or the Buyer in the event if:
(i) the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this the Agreement such and fails to cure that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of the breach, and this Agreement more than two times notwithstanding any cure of such breach has continued without cure for a period of ten (10) Business Days after the notice of breachbreaches.
Appears in 1 contract
Sources: Apps Agreement
Termination for Breach. This Either Party may terminate this Agreement may be terminated by the Company or the Buyer in the event immediately upon notice to the other party is in breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified Party if:
(a) the other party of the breachParty materially breaches this Agreement, and such breach has continued without cure for a period remains uncured more than thirty (30) days after receipt of ten (10) Business Days after the written notice of such breach; or
(b) the other Party: (i) becomes insolvent; (ii) files a petition in bankruptcy that is not dismissed within sixty (60) days of commencement; or (c) makes an assignment for the benefit of its creditors.
Appears in 1 contract
Sources: Saas Agreement
Termination for Breach. This Either Party may terminate this Agreement may be terminated by the Company or the Buyer in the event if: (i) the other party Party is in material breach in any material respect of any representation, warranty, covenant the Agreement and fails to cure such breach within thirty (30) days of receipt of written notice; or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified (ii) the other party of Party ceases its business operations or becomes subject to insolvency proceedings and the breach, and such breach has continued without cure for a period of ten proceedings are not dismissed within thirty (1030) Business Days after the notice of breachdays.
Appears in 1 contract
Sources: Master Hosted Terms
Termination for Breach. This A party may terminate this Agreement: (i) upon 30 days’ written notice to the other party of a material breach of this Agreement may be terminated by if such breach remains uncured at the Company expiration of such period; (ii) immediately upon written notice if the other party becomes the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors or the Buyer in the event similar proceeding; (iii) if the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement more than two times notwithstanding any cure of such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party of the breach, breaches; and such breach has continued without cure for a period of ten (10iv) Business Days after the notice of breachas otherwise provided herein.
Appears in 1 contract
Termination for Breach. This Either Party may terminate this Agreement may be terminated by the Company or the Buyer in the event if: (i) the other party Party is in material breach in any material respect of any representation, warranty, covenant the Agreement and fails to cure that breach within 30 days after receipt of written notice; or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified (ii) the other party of Party ceases its business operations or becomes subject to insolvency proceedings and the breach, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breachproceedings are not dismissed within 30 days.
Appears in 1 contract
Sources: Master Customer Agreement
Termination for Breach. This Agreement Either party may be terminated by the Company or the Buyer in the event suspend performance and/or terminate this Agreement, (including all Order Pages entered into under it) with immediate effect, if the other party party: (i) is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such that where the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by breach is incapable of remedy; (ii) is in material breach of this Agreement would not be satisfied, two times or more notwithstanding any remedy of such breach; or (iii) is in material breach of this Agreement where the terminating party has notified the other party breach is capable of the breach, remedy and such fails to remedy that breach has continued without cure for a period of ten (10) Business Days within thirty days after the receiving written notice of such breach.
Appears in 1 contract
Termination for Breach. This Either Party may terminate this Agreement may be terminated by the Company or the Buyer in the event for breach if: (i) the other party Party is in material breach in any material respect of any representation, warranty, covenant the Agreement and fails to cure that breach within 30 (thirty) days after receipt of written notice; or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified (ii) the other party of Party ceases its business operations or becomes subject to insolvency proceedings and the breach, and such breach has continued without cure for a period of ten proceedings are not dismissed within 90 (10ninety) Business Days after the notice of breachdays.
Appears in 1 contract
Sources: End User License Agreement
Termination for Breach. This A party may terminate this Agreement may be terminated by the Company or the Buyer in the event immediately on notice to the other party is in if the other party:
(a) commits a material breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such and, in the case of a material breach which can be remedied, fails to remedy that the conditions material breach within 30 days of receiving notice requiring it to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party of the breach, and such breach has continued without cure for a period of ten do so; or
(10b) Business Days after the notice of breachsuffers an Insolvency Event.
Appears in 1 contract
Termination for Breach. This Either party may suspend or terminate this Agreement may be terminated by the Company or the Buyer in the event for breach if: (i) the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this the Agreement such and fails to cure that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified breach within 30 days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days; (iii) the Partner ceases to maintain its resale partnership agreement with Google or (iv) the other party is in material breach of the breach, and this Agreement more than two times notwithstanding any cure of such breach has continued without cure for a period of ten (10) Business Days after the notice of breachbreaches.
Appears in 1 contract
Termination for Breach. This Agreement Either Party may be terminated terminate this Agreement, whether in whole or in part (including any Statement of Work) at any time by the Company or the Buyer giving prior notice in the event writing to the other party is in Party, if:
(a) the other Party commits a material breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party of the breach, and such breach has continued without cure for is not remediable;
(b) the other Party commits a period material breach of ten this Agreement that is not remedied within 30 (10thirty) Business Days after the days of receiving written notice of such breach; or
(c) if the other Party experiences an Insolvency Event.
Appears in 1 contract
Sources: Vendor Agreement
Termination for Breach. This A party may terminate this Agreement may be terminated with immediate effect by the Company or the Buyer in the event notice to the other party is in breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified if the other party party:
(a) commits a material breach that is not capable of remedy;
(b) commits a material breach that is capable of remedy, and has not remedied that breach within ten business days after receipt of notice of the breach, and such breach has continued without cure for a period of ten ; or
(10c) Business Days after the notice of breachsuffers an Insolvency Event.
Appears in 1 contract
Sources: Supply Agreement
Termination for Breach. This Either party may terminate this Agreement may be terminated by the Company or the Buyer in the event for breach if: (i) the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this the Agreement such and fails to cure that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified breach within thirty days after receipt of written notice; (ii) the other party of ceases its business operations or becomes subject to insolvency proceedings and the breach, and such breach has continued without cure for a period of ten (10) Business Days after the notice of breach.proceedings are not dismissed within ninety days; or
Appears in 1 contract
Sources: Service Level Agreement
Termination for Breach. This Either party may suspend performance or terminate this Agreement may be terminated by the Company or the Buyer in the event if; (i) the other party is in material breach in any material respect of any representation, warranty, covenant or agreement contained in this Agreement such that the conditions to the nonbreaching party’s obligation to consummate the transactions contemplated by this Agreement would not be satisfied, the terminating party has notified the other party of the breachAgreement and fails to cure that breach within thirty days after receipt of written notice, and unless such breach has continued without cure is for a period non-payment and then within five (5) days of ten (10) Business Days after the notice of breachsuch notice.
Appears in 1 contract
Sources: Terms and Conditions