Common use of Termination for Breach Clause in Contracts

Termination for Breach. Either party may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that 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 this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 12 contracts

Sources: Terms of Use, Terms of Use, Google Apps for Education Agreement

Termination for Breach. Either party This Agreement may suspend performance be terminated by the Company or terminate this Agreement if: (i) the Buyer in the event the other party is in breach in any material breach 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 and fails to cure that breach within thirty days after receipt of written notice; (ii) would not be satisfied, the terminating party has notified the other party ceases its business operations or becomes subject to insolvency proceedings of the breach, and such breach has continued without cure for a period of ten (10) Business Days after the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach notice of this Agreement more than two times notwithstanding any cure of such breachesbreach.

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. Either party Party may suspend performance or terminate this Agreement if: (i) the other party Party is in material breach of the Agreement and fails to cure that such breach within thirty (30) days after receipt of written noticenotice requiring it to make such rectification or such breach is not capable of rectification; or (ii) the other party Party ceases its business operations or becomes subject to insolvency proceedings and the which proceedings are not dismissed within ninety days; or thirty (iii30) days (unless a Party is prevented from terminating due to the other party is in material breach provisions of this Agreement more than two times notwithstanding any cure of such breachesapplicable law).

Appears in 6 contracts

Sources: Master Services Agreement, Master Services Agreement, Master Services Agreement

Termination for Breach. Either If a party materially breaches this Agreement, the other party, after giving the breaching party ten (10) days prior written notice, may suspend performance or terminate this Agreement if: (i) if the breach remains uncured. In addition, either party may terminate this Agreement if the other party is in material breach makes a general assignment for the benefit of its creditors, permits the Agreement and fails to cure that breach within thirty days after receipt appointment of written notice; (ii) the other party ceases a receiver for its business operations or becomes subject assets, or takes steps to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breacheswind 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. Either party Party may suspend performance or terminate this Agreement if: (i) the other party Party is in material breach of the Agreement and fails to cure that such breach within thirty (30) days after receipt of written notice; or (ii) the other party Party ceases its business operations or becomes subject to insolvency proceedings and the proceedings, which proceedings are not dismissed within ninety thirty (30) days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 5 contracts

Sources: Master Customer Agreement, Master Customer Agreement, Master Customer Agreement

Termination for Breach. Either party may suspend performance or terminate this the Agreement if: (ia) the other party is in material breach of the Agreement and fails to cure that remedy such breach within thirty (30) days after receipt of written noticenotice to do so from the non-defaulting party; (iib) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days(90) days or the other party otherwise suffers or is subject to any insolvency event; or (iiic) the other party is in material breach of this materially breaches the Agreement more than two three (3) times notwithstanding any cure remedy of such breaches.

Appears in 5 contracts

Sources: Master Agreement, Public Platform Master Agreement, Public Platform Master Agreement

Termination for Breach. Either party This Agreement may suspend performance be terminated by the Company or terminate this Agreement if: (i) the Buyer in the event the other party is in breach in any material breach 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 and fails to cure that breach within thirty days after receipt of written notice; (ii) would not be satisfied, the terminating party has notified the other party ceases its business operations or becomes subject to insolvency proceedings of the breach, and such breach has continued without cure for a period of ten (10) days after the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach notice of this Agreement more than two times notwithstanding any cure of such breachesbreach.

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. Either party Party may suspend performance or terminate this Agreement for breach if: (i) the other party Party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; or (ii) the other party 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 this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 4 contracts

Sources: End User License Agreement, End User License Agreement, End User License Agreement

Termination for Breach. Either A party may suspend performance or immediately terminate this Agreement if: (i) by written notice to the other party is in material breach if any of the Agreement and fails to cure that breach within thirty days after receipt following events has occurred in respect 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 party: (iiia) the other party is in a material breach of this Agreement more which is not remediable or if capable of remedy, where the other party fails to remedy the breach within thirty (30) days of written notice; and (b) an Insolvency Event occurs, other than two times notwithstanding any cure of such breachesan internal reconstruction with notice to the other party.

Appears in 4 contracts

Sources: Software Product Development Agreement, Software Product Development Agreement, Software Development Agreement

Termination for Breach. Either party Think Power or Customer may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty 30 days after receipt of written notice; notice or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety 90 days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 3 contracts

Sources: Saas Agreement, Saas Agreement, Saas Agreement

Termination for Breach. Either party Each Party may suspend performance or terminate this Agreement if: upon sixty (60) days’ prior written notice to the other Party in the event that the other Party (i) the other party is in material breach of the Agreement materially breaches this Agreement, and fails to cure that 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 does not dismissed cure such breach within ninety days; or such sixty (iii60) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breachesday period.

Appears in 3 contracts

Sources: Sourcing Services Agreement (SharkNinja, Inc.), Sourcing Services Agreement (SharkNinja, Inc.), Sourcing Services Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that 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 this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 3 contracts

Sources: Purchase Agreement, Purchase Agreement, License Agreement

Termination for Breach. Either 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 or of and/or terminate this Agreement if: if (i) the other party is in material breach materially breaches any term or condition of the this Agreement and fails to cure that such breach within thirty (30) days after receipt receiving written notice of written notice; the breach, or (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 either party is in material breach of this Agreement more than two times notwithstanding any cure of such breachesSection 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. Either party may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 3 contracts

Sources: Institutional Agreement, Google Apps for Education Agreement, Google Apps for Work via Reseller Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement if: If: (ia) the other party is in material breach of the Agreement and fails to cure that 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 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 requiring it to do so; (b) clause 19.4(b) applies; or (c) an Insolvency Event occurs in relation to a Party, then the other party may terminate this Agreement more than two times notwithstanding any cure of such breachesby written notice to that party, in 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. Either party may suspend performance or terminate this Agreement if: (i) if the other party is in commits a material breach of the Agreement and fails to cure that such material breach within thirty 15 days after receipt of written notice; notice from the other party and/or (ii) immediately if the other party ceases its business operations becomes insolvent, has filed for bankruptcy, or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; if a notice or (iii) the other party is demand for winding up has been issued in material breach of this Agreement more than two times notwithstanding any cure respect of such breachesparty.

Appears in 2 contracts

Sources: Referral Partner Agreement, Affiliate Partner Agreement

Termination for Breach. Either Notwithstanding anything to the contrary elsewhere in the Agreement, either party may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that 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; or (iii) the other party is in material breach of this Agreement more than two (2) times notwithstanding any cure of such breaches.

Appears in 2 contracts

Sources: Service Provider Agreement, Service Provider Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of 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 this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 2 contracts

Sources: Reseller Services Agreement, Reseller Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement for breach if: (i) the other party is in material breach of the Agreement and fails to cure that 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 this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 2 contracts

Sources: Order Form Agreement, Terms of Service

Termination for Breach. Either party may suspend performance or terminate this Agreement immediately if: : (ia) the other party is in breach (other than a trivial breach causing no material breach harm) of the any provision of this Agreement and fails (where the breach is capable of remedy) the party in breach has failed to cure that remedy the breach within thirty 7 days after of receipt of written notice; (ii) notice from the other party ceases its business operations or becomes subject describing the breach and calling for it to insolvency proceedings and the proceedings are not dismissed within ninety daysbe remedied; or or (iiib) an Insolvency Event occurs in relation to the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breachesparty.

Appears in 2 contracts

Sources: Donation & Charitable Giving, Donation Agreement

Termination for Breach. Either party Party may suspend performance or terminate this Agreement for breach if: (ia) the other party Party is in material breach of the this Agreement and fails to cure that breach within thirty (30) days after receipt of written notice; (iib) the other party Party ceases its business operations operations; or (c) becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety (90) days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 2 contracts

Sources: Platform License Agreement, Pulsepoint Aed Platform License Agreement

Termination for Breach. Either A party may suspend performance or and/or terminate this Agreement if: (i) Agreement, with immediate effect, if the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; party: (iia) 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 this Agreement more than two times notwithstanding any cure where the breach is incapable of remedy; or (b) is in material breach of this Agreement where the breach is capable of remedy and fails to remedy that breach within thirty (30) days after receiving written notice of such breachesbreach.

Appears in 2 contracts

Sources: Promotion and Distribution Agreement (WhiteSmoke, Inc.), Promotion and Distribution Agreement (WhiteSmoke, Inc.)

Termination for Breach. Either party may suspend performance or terminate this Agreement immediately by giving written notice to the other party if: : (ia) the The other party is in material breach of the Agreement and fails to cure that 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 a fundamental term of this Agreement more than two times notwithstanding and such breach is not remedied within 20 Business Days of written notice from the aggrieved party; (b) The other party becomes, threatens or resolves to become or is in jeopardy of becoming subject to any cure form of such breaches.insolvency administration; or

Appears in 2 contracts

Sources: Software License Agreement, Software License Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement agreement immediately by giving written notice to the other party if: : (ia) the other party is in material breach of any of its material obligations under this agreement ; and (b) the Agreement and fails party in breach has failed to cure that remedy the breach within thirty 60 days after of receipt of written notice; (ii) notice from the other party ceases its business operations or becomes subject describing the breach and calling for it to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breachesbe remedied.

Appears in 2 contracts

Sources: Licence Agreement (Progen Pharmaceuticals LTD), Licence Agreement (Progen Pharmaceuticals LTD)

Termination for Breach. Either party may suspend performance or terminate this Agreement if: (i) due to the other party is in material breach of the Agreement and fails to cure that 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 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 may terminate this Agreement more than two times notwithstanding any cure if such breach is not cured within sixty (60) days of such breachesnotice thereof.

Appears in 2 contracts

Sources: Limited Tcc™ License Agreement (Tessera Technologies Inc), Limited TCC License Agreement (Tessera Technologies Inc)

Termination for Breach. Either party 8bits1byte Limited or Customer may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty 30 days after receipt of written notice; notice or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety 90 days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 2 contracts

Sources: Master Subscription Agreement, Master Subscription Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement if: : (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; Agreement; (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 this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 2 contracts

Sources: Terms of Service Agreement, Terms of Service Agreement

Termination for Breach. Either party may suspend performance or terminate this the Agreement ifif the other party: (ia) the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; or (iib) 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 this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 2 contracts

Sources: Ledyard Ventures (Online) Agreement, G Suite (Online) Agreement

Termination for Breach. Either Notwithstanding anything to the contrary elsewhere in the Agreement, either party may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty 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; or (iii) the other party is in material breach of this Agreement more than two (2) times notwithstanding any cure of such breaches.

Appears in 2 contracts

Sources: Marketing Affiliate Agreement, Marketing Affiliate Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement for breach if: (i) the other party is in material breach of the Agreement and fails to cure that 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 Partner ceases to maintain its resale partnership agreement with Google or (iiiiv) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 1 contract

Sources: Google Cloud Platform License Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement if: : (i) the other party is in material breach of the Agreement and fails to cure that 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 this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 1 contract

Sources: Apps Agreement

Termination for Breach. Either party may suspend performance or immediately terminate this Agreement ifon written notice if the other party: (i) the other party is in material breach of the Agreement and fails to cure that 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 this Agreement more than two times notwithstanding any cure where the breach is incapable of remedy; or (ii) is in material breach of this Agreement where the breach is capable of remedy and fails to remedy that breach within fourteen (14) days after receiving written notice of such breachesbreach.

Appears in 1 contract

Sources: Co Marketing Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement if: (i) in ---------------------- the event the other party is in material breach of the Agreement and fails to cure that 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 a material breach of this Agreement more than two times notwithstanding any cure within sixty (60) days of such breachesreceiving notice thereof.

Appears in 1 contract

Sources: Manufacturing Services Agreement (Storm Technology Inc)

Termination for Breach. Either party may suspend performance or terminate this Agreement ifAgreement: (ia) if the other party is in material breach of the Agreement and fails to cure that breach within thirty (30) days after receipt of written notice; (iib) 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 this Agreement more than two times notwithstanding any cure of such breaches.if

Appears in 1 contract

Sources: Master Services Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement if: agreement and claim immediate action in terms hereof if (i) the other party is in materially breaches any material breach term or condition of the Agreement this agreement and fails to cure that correct the breach within thirty seven (7) days after receipt of following written notice; communication specifying the breach, or (ii) the other party ceases its to conduct business operations in the normal course, becomes insolvent, enters into insolvency procedures, including business rescue, or becomes is subject to insolvency any other judicial proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breachesthat relate to insolvency.

Appears in 1 contract

Sources: Standard Terms and Conditions

Termination for Breach. Either party may suspend performance or terminate this Agreement if: immediately upon written notice in the event that the other party materially breaches this Agreement and (i) in the other party is in case of material breach resulting from non-payment of the Agreement and fails amounts due hereunder, has failed to cure that breach pay such amounts within thirty ten (10) days after receipt of receiving written notice; notice thereof, or (ii) the has failed to cure any 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 this Agreement more than two times notwithstanding any (or to commence diligent efforts to cure of such breachesbreach that are reasonably acceptable to the terminating party) within thirty (30) days after receiving written notice thereof.

Appears in 1 contract

Sources: License Agreement

Termination for Breach. Either party Party may suspend performance or terminate this the Agreement if: if the other Party (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty 30 days after receipt of written notice; , (ii) enters into an arrangement or composition with or for the other party benefit of its creditors, goes into administration, receivership or administrative receivership, or is dissolved or otherwise ceases its business operations operations, or (iii) becomes subject to insolvency or bankruptcy proceedings and the such proceedings are not dismissed within ninety 90 days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 1 contract

Sources: Merchant Reconciliation System Agreement

Termination for Breach. Either A party may suspend performance or terminate this Agreement if: (i) immediately on notice to the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; (ii) if the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or party: (iiia) the other party is in commits a material breach of this Agreement more than two times notwithstanding any cure and, in the case of such breachesa material breach which can be remedied, fails to remedy that material breach within 30 days of receiving notice requiring it to do so; or (b) suffers an Insolvency Event.

Appears in 1 contract

Sources: Saas and Implementation Services Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement if: (i) immediately upon written notice in the event that the other party is in material breach of materially breaches the Agreement and fails thereafter: (a) in the case of material breach resulting from non-payment of amounts due hereunder, has failed to cure that breach pay such amounts within thirty ten (10) days after receipt of receiving written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety daysnotice thereof; or (iiib) the has failed to cure any other party is in material breach of this Agreement more than two times notwithstanding any (or to commence diligent efforts to cure of such breachesbreach that are reasonably acceptable to the terminating party) within thirty (30) days after receiving written notice thereof.

Appears in 1 contract

Sources: License and Services Agreement

Termination for Breach. Either party One Party may suspend performance or terminate this Agreement if: (i) or suspend performance under this Agreement upon written notice to the other party is in material breach Party at any time during the Term of the Agreement and fails to cure that breach within thirty days after receipt of written notice; (ii) this Agreement, if 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 Party is in material breach of this Agreement more than two times notwithstanding any and such other Party has not cured such material breach within sixty (60) days after notice requesting the cure of such breachesthe breach. If a cure is not capable, the non-breaching Party may terminate this Agreement, or suspend performance under this Agreement, immediately.

Appears in 1 contract

Sources: Strategic Development Agreement (China VTV LTD)

Termination for Breach. Either party may suspend performance or ---------------------- and/or terminate this Agreement if: (i) if the other party is in material breach materially breaches any term or condition of the this Agreement and fails to cure that breach within thirty [*] ([*]) days after receipt receiving written notice 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 this Agreement more than two times notwithstanding any cure of such breachesbreach.

Appears in 1 contract

Sources: Information Services Agreement (Inktomi Corp)

Termination for Breach. Either If a party materially breaches this Agreement, the other party, after giving the breaching party sixty (60) days prior written notice, may suspend performance or terminate this Agreement if: (i) if the breach remains uncured. In addition, either party may terminate this Agreement if the other party is in material breach makes a general assignment for the benefit of its creditors, permits the Agreement and fails to cure that breach within thirty days after receipt appointment of written notice; (ii) the other party ceases a receiver for its business operations or becomes subject assets, or takes steps to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breacheswind down its business.

Appears in 1 contract

Sources: Distributor Agreement (Equityalert Com Inc)

Termination for Breach. Either party Party may suspend performance or terminate this Agreement immediately upon notice to the other Party if: : (ia) the other party is in material Party materially breaches this Agreement, and such breach of the Agreement and fails to cure that breach within remains uncured more than thirty (30) days after receipt of written noticenotice of such breach; or (b) the other Party: (i) becomes insolvent; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are files a petition in bankruptcy that is not dismissed within ninety dayssixty (60) days of commencement; or (iiic) makes an assignment for the other party is in material breach benefit of this Agreement more than two times notwithstanding any cure of such breachesits creditors.

Appears in 1 contract

Sources: Saas Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement if: (i) by written notice if the other party is in material commits a breach of this Agreement: (a) Where the Agreement and fails to cure that breach within thirty days after receipt is incapable of written noticeremedy; or (iib) Where the breach is capable of remedy but the other party ceases its business operations or becomes subject fails to insolvency proceedings and rectify the proceedings are not dismissed breach within ninety days; or (iii) 14 days of a request to do so from the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breachesnon-defaulting party.

Appears in 1 contract

Sources: Terms and Conditions

Termination for Breach. Either party may suspend performance or terminate this Agreement or an Addendum if: (ia) the other party is in material breach of the Agreement or an Addendum and fails to cure that breach within thirty 30 days after receipt of written notice; (iib) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety 90 days; or (iiic) the other party is in material breach of materially breaches this Agreement or an Addendum more than two times notwithstanding any cure of such these breaches.

Appears in 1 contract

Sources: Google Enterprise Geo Master License

Termination for Breach. Either party may suspend performance or terminate this Agreement agreement immediately by giving written notice to the other party if: : (ia) the other party is in material breach of any of its material obligations under this agreement; and (b) the Agreement and fails party in breach has failed to cure that remedy the breach within thirty 60 days after of receipt of written notice; (ii) notice from the other party ceases its business operations or becomes subject describing the breach and calling for it to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breachesbe remedied.

Appears in 1 contract

Sources: Sub License Agreement (Dyadic International Inc)

Termination for Breach. Either party Party may suspend performance or terminate this Agreement if: (i) the other party Party is in material breach of the Agreement and fails to cure that such breach within thirty (30) days after of receipt of written notice; or (ii) the other party Party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety thirty (30) days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 1 contract

Sources: Master Hosted Terms

Termination for Breach. Either A party may suspend performance or terminate this Agreement ifAgreement: (i) upon 30 days’ written notice to the other party is in of a material breach of this Agreement if such breach remains uncured at the Agreement and fails to cure that breach within thirty days after receipt expiration of written noticesuch period; (ii) immediately upon written notice if the other party ceases its business operations becomes the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety dayssimilar proceeding; or (iii) if the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches; and (iv) as otherwise provided herein.

Appears in 1 contract

Sources: Google Terms of Service for Apigee Products

Termination for Breach. Either party Party may suspend performance or terminate this Agreement Agreement, whether in whole or in part (including any Statement of Work) at any time by giving prior notice in writing to the other Party, if: : (ia) the other party is in material breach of the Agreement and fails to cure that 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 Party commits a material breach of this Agreement more than two times notwithstanding any cure and such breach is not remediable; (b) the other Party commits a material breach of this Agreement that is not remedied within 30 (thirty) days of receiving written notice of such breachesbreach; or (c) if the other Party experiences an Insolvency Event.

Appears in 1 contract

Sources: Vendor Agreement

Termination for Breach. Either party Party may suspend performance or terminate this Agreement ifimmediately upon written notice in the event that the other Party materially breaches this Agreement and thereafter: (ia) in the other party is in case of material breach resulting from non-payment of the Agreement and fails amounts due hereunder, has failed to cure that breach pay such amounts within thirty ten (10) days after receipt of receiving written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety daysnotice thereof; or (iiib) the has failed to cure any other party is in material breach of this Agreement more than two times notwithstanding any (or to commence diligent efforts to cure of such breachesbreach that are reasonably acceptable to the terminating Party) within thirty (30) days after receiving written notice thereof.

Appears in 1 contract

Sources: Master Services Agreement

Termination for Breach. 4.3.1 Either party may suspend performance or terminate this Agreement if: (i) if the other party is in breaches any material breach term of the this Agreement and fails to cure that breach within thirty 30 days after receipt of written notice; (ii) . 4.3.2 In the other event a party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) learns the other party is in material breach subject to an insolvency event (e.g. failing to pay its obligations as they arise, being declared bankrupt, or commencing proceedings under any law providing debt relief to the party), the party that is not the subject of this the insolvency event may terminate the Agreement more than two times notwithstanding any cure immediately upon notice to the party that is the subject of such breachesthe insolvency event.

Appears in 1 contract

Sources: Master Subscription Agreement

Termination for Breach. Either To the extent permitted by applicable law, either party may suspend performance or terminate this Agreement if: immediately on written notice if (ia) the other party is in material breach of the Agreement and fails to cure that breach within thirty 30 days after receipt of written notice; notice of the breach, or (iib) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety 90 days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 1 contract

Sources: California Student Data Privacy Addendum

Termination for Breach. Either To the extent permitted by applicable law, either party may suspend performance or terminate this Agreement if: immediately on written notice if (ia) the other party is in material breach of the Agreement and fails to cure that breach within thirty 30 days after receipt of written notice; notice of the breach or (iib) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety 90 days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 1 contract

Sources: California Student Data Privacy Addendum

Termination for Breach. Either party Party may suspend performance or terminate this Agreement if: (i) or suspend performance under this Agreement upon written notice to the other party is in material breach Party at any time during the term of the Agreement and fails to cure that breach within thirty days after receipt of written notice; (ii) this Agreement, if 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 Party is in material breach of this Agreement more than two times notwithstanding any and such other Party has not cured such material breach within one hundred and eighty (180) days after notice requesting cure of such breachesthe breach. If a cure is not capable, the non-breaching Party may terminate this Agreement, or suspend performance under this Agreement, immediately.

Appears in 1 contract

Sources: Product Development Agreement (Vickers Vantage Corp. I)

Termination for Breach. Either party WeVideo or Customer may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty 30 days after receipt of written notice; notice or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety 90 days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 1 contract

Sources: Wevideo Enterprise Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that 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 daysoperations; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 1 contract

Sources: Access and Use Agreement

Termination for Breach. Either party Party may suspend performance or terminate this Agreement for breach if: (i) the other party Party is in material breach of the Agreement and fails to cure that breach within thirty 30 (thirty) days after receipt of written notice; or (ii) the other party Party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety 90 (ninety) days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 1 contract

Sources: End User License Agreement

Termination for Breach. Either party Party may suspend performance or terminate this Agreement if: (i) the other party Party is in material breach of the Agreement and fails to cure that breach within thirty 30 days after receipt of written notice; or (ii) the other party Party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety 30 days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 1 contract

Sources: Master Customer Agreement

Termination for Breach. Either party may suspend performance or and/or terminate this Agreement ifAgreement, (including all Order Pages entered into under it) with immediate effect, if the other party: (i) the other party is in material breach of the Agreement and fails to cure that 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 this Agreement more than where the breach is incapable of remedy; (ii) is in material breach of this Agreement two times or more notwithstanding any cure remedy of such breachesbreach; or (iii) is in material breach of this Agreement where the breach is capable of remedy and fails to remedy that breach within thirty days after receiving written notice of such breach.

Appears in 1 contract

Sources: Google Apps Enterprise Online Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement if: (i) due to the other party is in material breach of the Agreement and fails to cure that 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 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 not in breach. Therefore, the non-breaching party may terminate this Agreement more than two times notwithstanding any cure if such breach is not cured within sixty (60) days of such breachesnotice thereof.

Appears in 1 contract

Sources: Limited TCC License Agreement (Tessera Inc)

Termination for Breach. Either party Party may suspend performance or terminate this Agreement if: (i) immediately by notice to the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; (ii) Party if the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or Party: (iiia) the other party is in commits a material breach of this Agreement more than two times notwithstanding any cure and that breach is incapable of such breachesremedy; or (b) commits a material breach of this Agreement and fails to remedy that breach within 30 days of receipt of written notice requiring the other Party to remedy that breach.

Appears in 1 contract

Sources: Research Support Program Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement if: (ia) the other party is in material breach of the Agreement and fails to cure that breach within thirty 30 days after receipt of written notice; or (iib) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety 90 days; or (iiic) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 1 contract

Sources: Chrome Os for Enterprise License Agreement

Termination for Breach. Either A party may suspend performance or terminate this Agreement if: (i) with immediate effect by notice to the other party is in if the other party: (a) commits a material breach that is not capable of the Agreement remedy; (b) commits a material breach that is capable of remedy, and fails to cure has not remedied that breach within thirty ten business days after receipt of written noticenotice of the breach; or (iic) 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 this Agreement more than two times notwithstanding any cure of such breachessuffers an Insolvency Event.

Appears in 1 contract

Sources: Supply Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement for breach if: (i) the other party is in material breach of the Agreement and fails to cure that 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 this Agreement more than two times notwithstanding any cure of such breaches.or

Appears in 1 contract

Sources: Service Level Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement if: if (ia) the other party is in material breach of the Agreement and fails to cure that breach within thirty 30 days after receipt of written notice; notice or (iib) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety 90 days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 1 contract

Sources: Google Cloud Backup and Dr Terms of Service

Termination for Breach. Either party may suspend performance or terminate this Agreement if: ; (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; , unless such breach is for non-payment and then within five (ii5) 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 this Agreement more than two times notwithstanding any cure days of such breachesnotice.

Appears in 1 contract

Sources: Terms and Conditions

Termination for Breach. Either party may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; , unless such breach is for non-payment and then within five (ii5) 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 this Agreement more than two times notwithstanding any cure days of such breachesnotice.

Appears in 1 contract

Sources: General Terms and Conditions

Termination for Breach. Either party Party may suspend performance or terminate this Agreement if: (i) the other party Party is in material breach of the Agreement and fails to cure that 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 Party ceases its business operations or becomes subject to insolvency proceedings and the proceedings’ which proceedings are not dismissed within ninety thirty (30) days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.

Appears in 1 contract

Sources: Master Customer Agreement

Termination for Breach. Either party may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that 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 this Agreement more than two times notwithstanding any cure of such breaches.or

Appears in 1 contract

Sources: G Suite (Online) Agreement