Common use of Termination for Material Breach Clause in Contracts

Termination for Material Breach. A party may terminate this Agreement immediately upon notice to the other parties if any of the other parties materially breaches this Agreement, and if capable of cure, does not cure the breach within 10 days after receiving notice specifying the breach. If the material breach affects only certain Services, the non-breaching party that served the notice may choose to terminate only the affected Services.

Appears in 40 contracts

Samples: Stripe Services Agreement, Stripe Services Agreement, Stripe Services Agreement

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Termination for Material Breach. A In the event that either party may terminate this Agreement immediately upon notice to the other parties if commits a material breach of any of the other parties materially breaches its obligations under this Agreement, and if capable including failure to make timely payment of cure, does not cure the breach within 10 days after receiving notice specifying the breach. If the material breach affects only certain Servicesany amounts due, the non-breaching party that served may terminate this Agreement upon 60 days written notice to the other party, unless the party in breach cures such breach within the 60 days notice may choose to terminate only the affected Servicesperiod.

Appears in 7 contracts

Samples: Joint Collaboration Agreement (Dyax Corp), Joint Collaboration Agreement (Dyax Corp), Collaboration Agreement (Dyax Corp)

Termination for Material Breach. A party Either Party may terminate this Agreement immediately upon written notice to if the other parties if Party has breached any of the other parties materially breaches its material obligations under this Agreement, and if capable of cure, does (a) such breach has not cure the breach been cured within 10 60 days after receiving written notice specifying of the breach. If the material breach affects only certain Services, or (b) if a plan, reasonably acceptable to the non-breaching party that served Party, is not implemented to cure as soon as practicable after notice of the notice may choose to terminate only the affected Services.breach

Appears in 5 contracts

Samples: Manufacturing and Supply Agreement (Connetics Corp), Confidential Treatment (Inyx Inc), Manufacturing and Supply Agreement (Inyx Inc)

Termination for Material Breach. A Each party may terminate this Agreement immediately upon written notice to if the other parties if any of the other parties party materially breaches this Agreement, Agreement and if capable of cure, does not cure the such breach within 10 thirty (30) days after receiving written notice specifying the breach. If the material breach affects only certain Services, from the non-breaching party that served the notice may choose to terminate only the affected Servicesspecifying such breach.

Appears in 5 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

Termination for Material Breach. A party Either Party may terminate this Agreement immediately upon written notice to the other parties Party if any of the other parties Party materially breaches this Agreement, and if capable of cure, does not fully cure the breach within 10 days after receiving notice specifying the breach. If the material breach affects only certain Services, to the non-breaching party that served Party’s satisfaction within ninety (90) days after the non-breaching Party gives notice may choose of the breach to terminate only the affected Servicesbreaching Party.

Appears in 5 contracts

Samples: Project Funding Agreement (Murphy Canyon Acquisition Corp.), Project Funding Agreement (Murphy Canyon Acquisition Corp.), Funding Agreement (Murphy Canyon Acquisition Corp.)

Termination for Material Breach. A Either party may immediately terminate this Agreement immediately effective upon delivery of written notice to the other parties party if any of the such other parties party materially breaches this Agreement, Agreement and if capable of cure, does not fails to cure the such breach within 10 a period of thirty (30) days after receiving delivery of written notice specifying the breach. If the material breach affects only certain Services, the non-breaching party that served the notice may choose to terminate only the affected Servicesthereof.

Appears in 5 contracts

Samples: ’s Agreement, ’s Agreement, ’s Agreement

Termination for Material Breach. A Either party may terminate this Agreement immediately upon notice to if the other parties if any of the other parties materially breaches this Agreement, party is in material breach hereunder and if capable of cure, does has not cure cured the breach within 10 thirty (30) days after receiving written notice specifying the breach. If the material breach affects only certain Services, the non-breaching party that served the notice may choose to terminate only the affected Services.

Appears in 5 contracts

Samples: License Agreement (New York Life Investments ETF Trust), Sub License Agreement (IndexIQ ETF Trust), Sub License Agreement (IndexIQ ETF Trust)

Termination for Material Breach. A party Either Party may terminate this Agreement based upon a material breach of this Agreement by the other Party, provided that the non-breaching Party gives the breaching Party thirty (30) days written notice and the opportunity to cure such breach, and the breach is not cured during the notice period. In the event such material breach is not cured, the non-breaching Party may terminate this Agreement immediately upon notice to the other parties if any expiration of the other parties materially breaches this Agreement, and if capable of cure, does notice period. In the event it is not possible to cure the breach within 10 days after receiving notice specifying the such material breach. If the material breach affects only certain Services, the non-breaching party that served the notice Party may choose to terminate only the affected Servicesthis Agreement immediately and without any notice.

Appears in 5 contracts

Samples: Business Associate Contract and Data Use Agreement, Participation Agreement, Business Associate Contract and Data Use Agreement

Termination for Material Breach. A party Either Party may terminate this Agreement immediately upon notice to if the other parties if any of the other parties Party materially breaches this Agreement, Agreement and if capable of cure, does not fails to cure the such breach within 10 thirty (30) days after receiving receipt of written notice specifying the breach. If the material breach affects only certain Services, from the non-breaching party that served Party, specifying in detail the notice may choose to terminate only nature of the affected Servicesbreach.

Appears in 5 contracts

Samples: Collaboration Agreement, Collaboration Agreement (Ambit Biosciences Corp), Collaboration Agreement (Ambit Biosciences Corp)

Termination for Material Breach. A Either party may terminate this Agreement immediately upon notice to if the other parties if any of the other parties materially breaches this Agreement, and if capable of cure, party does not cure the its material breach of this Agreement within 10 30 days after of receiving written notice specifying the breach. If of the material breach affects only certain Services, from the non-breaching party. Termination in accordance with this Section 6.3 will take effect when the breaching party that served receives written notice of termination from the non-breaching party, which notice may choose must not be delivered until the breaching party has failed to terminate only cure its material breach during the affected Services30-day cure period.

Appears in 4 contracts

Samples: Distributor Agreement, Distributor Agreement (Maxlinear Inc), Distributor Agreement (Maxlinear Inc)

Termination for Material Breach. A Without prejudice to any other rights or remedies available, each party may terminate this Agreement immediately upon agreement on thirty (10) days written notice to the other parties if any of the other parties another party materially breaches this Agreementagreement, and if capable of cure, does not cure unless the breaching party cures such said breach within 10 days after receiving notice specifying the breach. If the material breach affects only certain Services, the non-breaching party that served the notice may choose to terminate only the affected Servicessuch thirty day period.

Appears in 4 contracts

Samples: Marketing Agreement, Marketing Agreement, Joint Agreement

Termination for Material Breach. A party may terminate this Agreement immediately upon notice to the other parties party if any of the other parties party materially breaches this Agreement, and if capable of cure, does not cure the breach within 10 days after receiving notice specifying the breach. If the material breach affects only certain Services, the non-breaching party that served the notice may choose to terminate only the affected Services.

Appears in 3 contracts

Samples: Stripe Services Agreement, Stripe Services Agreement (Tirios Propco Series LLC), Stripe Services Agreement

Termination for Material Breach. A If either party is in material breach of this agreement, the other party may terminate this Agreement immediately upon notice with immediate effect. If breach is a curable breach and the breach has not been cured within 10 business days following written notification from the non breaching party to the other parties if any of the other parties materially breaches this Agreementbreaching party, and if capable of cure, does not cure the breach within 10 days after receiving notice specifying the breach. If the material breach affects only certain Services, the non-such non breaching party that served may terminate the notice may choose to terminate only the affected ServicesAgreement with immediate effect.

Appears in 3 contracts

Samples: Torque Master Subscription Agreement, Master Subscription Agreement, Torque Master Subscription Agreement

Termination for Material Breach. A Either party may terminate this Agreement immediately upon in the event of a material breach by the other, provided that the party asserting such breach first serves written notice to the other parties if any of the other parties materially breaches this Agreement, alleged breach on the offending party and if capable such alleged breach is not cured within (60) days of cure, does not cure the breach within 10 days after receiving notice specifying the breach. If the material breach affects only certain Services, the non-breaching party that served the notice may choose to terminate only the affected Servicessaid notice.

Appears in 2 contracts

Samples: Supply Agreement (Neoprobe Corp), Supply Agreement (Neoprobe Corp)

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Termination for Material Breach. A Either party may terminate this Agreement immediately upon notice to if the other parties if any of the other parties materially breaches this Agreement, and if capable of cure, party does not cure the its material breach of this Agreement within 10 30 days after of receiving written notice specifying the breach. If of the material breach affects only certain Services, from the non-breaching party. Termination in accordance with this Section 5.3 will take effect when the breaching party that served receives written notice of termination from the non-breaching party, which notice may choose must not be delivered until the breaching party has failed to terminate only cure its material breach during the affected Services30-day cure period.

Appears in 2 contracts

Samples: Distributor Agreement (Maxlinear Inc), Distributor Agreement (Maxlinear Inc)

Termination for Material Breach. A party Either Party may terminate this Agreement based upon a material breach of this Agreement by the other Party, provided that the non- breaching Party gives the breaching Party thirty (30) days written notice and the opportunity to cure such breach, and the breach is not cured during the notice period. In the event such material breach is not cured, the non-breaching Party may terminate this Agreement immediately upon notice to the other parties if any expiration of the other parties materially breaches this Agreement, and if capable of cure, does notice period. In the event it is not possible to cure the breach within 10 days after receiving notice specifying the such material breach. If the material breach affects only certain Services, the non-breaching party that served the notice Party may choose to terminate only the affected Servicesthis Agreement immediately and without any notice.

Appears in 2 contracts

Samples: Business Associate Contract and Data Use Agreement, Agreement

Termination for Material Breach. A This Agreement may be terminated at any time by either party may terminate this Agreement immediately for the other’s material breach upon at least sixty (60) days prior written notice and an opportunity to the other parties if any of the other parties materially breaches this Agreement, and if capable of cure, does not cure the breach within 10 days after receiving notice specifying the such breach. If the material breaching party cures the breach affects only certain Servicesin question during such sixty (60) day period, the non-breaching party that served shall not have the notice may choose right to terminate only the affected Servicesthis Agreement as a result of such breach.

Appears in 2 contracts

Samples: And Likeness License Agreement (Bare Escentuals Inc), Name and Likeness License Agreement (Bare Escentuals Inc)

Termination for Material Breach. A Either party may terminate this Agreement immediately upon written notice to the other parties party if any of the other parties materially breaches this Agreement, and if capable of cure, does not cure the breach within 10 days after receiving notice specifying the breach. If the party commits any material breach affects only certain Services, of this Agreement which the breaching party fails to cure within sixty (60) days following written notice from the non-breaching party that served the notice may choose to terminate only the affected Servicesspecifying such breach.

Appears in 1 contract

Samples: Manufacturing and Supply Agreement (Dexcom Inc)

Termination for Material Breach. A party This Agreement may terminate this Agreement be terminated effective immediately upon by written notice to by a Party at any time during the Term if the other parties if any of the other parties Party materially breaches this Agreement, which breach remains uncured for 30 days measured from the date written notice of such breach is given to the breaching Party. Such notice must specify the nature of the breach and demand its cure; provided, however, that if such breach is not capable of cure, does not cure being cured within the breach within 10 days after receiving notice specifying the breach. If the material breach affects only certain Services, the non-breaching party that served the notice may choose to terminate only the affected Services.stated period and the

Appears in 1 contract

Samples: Materials Transfer Agreement

Termination for Material Breach. A party This Agreement may terminate this Agreement immediately upon be terminated written notice and an opportunity to the other parties if any of the other parties materially breaches this Agreement, and if capable of cure, does not cure the breach within 10 days after receiving notice specifying the such breach. If the material breaching party cures the breach affects only certain Servicesin question during the thirty (30) day period, the non-breaching party that served shall not have the notice may choose right to terminate only the affected Servicesthis Agreement as a result of such breach, unless such breach is a recurrent breach.

Appears in 1 contract

Samples: Licensing Agreement

Termination for Material Breach. A party may terminate this Agreement immediately upon or any Statement of Work by the delivery of written notice to the other parties party if any of the other parties party materially breaches this Agreement, Agreement or a Statement of Work and if capable of cure, does not cure the breach within 10 days after receiving notice specifying breach, if curable, to the breach. If the material breach affects only certain Services, reasonable satisfaction of the non-breaching party that served no later than ten (10) days after the non- breaching party delivers the written breach notice may choose to terminate only the affected Servicesbreaching party.

Appears in 1 contract

Samples: Master Service Agreement

Termination for Material Breach. A party Any Party may terminate this Agreement immediately upon notice to the other parties if any of the other parties another Party materially breaches this Agreement, Agreement and if capable of cure, does not such breaching Party fails to cure the breach within 10 thirty (30) days after receiving receipt of written notice specifying the breach. If the material breach affects only certain Services, the from a non-breaching party that served Party, such notice specifying in detail the notice may choose to terminate only nature of the affected Servicesbreach.

Appears in 1 contract

Samples: Laboratory Agreement (OncoCyte Corp)

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