Common use of Termination for Material Breach Clause in Contracts

Termination for Material Breach. Either party may terminate this Agreement and any Order: (i) if the other party is in material breach of any of the terms and conditions of this Agreement and does not cure such material breach within thirty (30) days of receiving notice; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

Appears in 6 contracts

Samples: Zscaler End User Subscription Agreement, Zscaler End User Subscription Agreement, End User Subscription Agreement

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Termination for Material Breach. Either party Without limiting its other rights or remedies, either Party may terminate this Agreement and any Order: (i) with immediate effect by giving written notice to the other Party if the other party is in Party commits a material breach of any of the terms and conditions term of this Agreement and does not cure (if such material a breach is remediable) fails to remedy that breach within thirty (30) days of receiving notice; or (ii) if the other party becomes the subject of a petition that Party being notified in bankruptcy or any proceeding relating writing to insolvency, receivership, liquidation or assignment for the benefit of creditorsdo so.

Appears in 5 contracts

Samples: www.forepaas.com, www.forepaas.com, ai-surge.cloud

Termination for Material Breach. Either party 15.2.1 Each Party may terminate this the Agreement and if any Order: (i) if the other party is in Party commits a material breach of any of its obligations under the terms Agreement, and conditions fails to remedy such breach (if such breach is capable of this Agreement and does not cure such material breach remedy) within thirty (30) a period of 90 days of receiving notice; or (ii) if after being notified in writing to do so, without prejudice to any other rights the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsterminating Party may have.

Appears in 4 contracts

Samples: Joint Development and License Agreement (AzurRx BioPharma, Inc.), Joint Development and License Agreement (AzurRx BioPharma, Inc.), Joint Development and License Agreement (AzurRx BioPharma, Inc.)

Termination for Material Breach. Either In the event that either party may terminate materially breaches any of its obligations under this Agreement and any Order: (i) if the other party is in material breach of any of the terms and conditions of this Agreement and does not cure shall fail to remedy such material breach default within thirty (30) days after written notice thereof, the party not in default shall have the option of receiving notice; or (ii) if terminating this Agreement by giving written notice of termination with an immediate effect to the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsdefaulting party.

Appears in 3 contracts

Samples: Research and Development Collaboration Agreement (Atara Biotherapeutics, Inc.), Research and Development Collaboration Agreement (Atara Biotherapeutics, Inc.), Collaboration Agreement (Atara Biotherapeutics, Inc.)

Termination for Material Breach. Either party may terminate this Agreement and any Order: (i) if the other If either party is in material breach of any of the terms and conditions of this Agreement and does not cure such material breach within thirty (30) days of receiving notice; or (ii) if Agreement, the other party becomes may terminate this Agreement at the subject end of a petition in bankruptcy or any proceeding relating to insolvencywritten 30-day notice/cure period, receivership, liquidation or assignment for if the benefit of creditorsbreach has not been cured.

Appears in 3 contracts

Samples: Agreement, Subscription Services Agreement, Subscription Services Agreement

Termination for Material Breach. (a) Either party may terminate this Agreement and any Order: (i) if Agreement, in writing, in the event of a material breach by the other of this Agreement; provided, however, that the party is in material asserting such breach of any must first serve written notice of the terms alleged breach on the offending party, and conditions must allow the offending party 45 days, from the date of delivery of such notice, within which to cure the alleged breach. For purposes of this Agreement and does Agreement, the term "material breach" shall include, but not cure such material breach within thirty (30) days of receiving notice; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.be limited to:

Appears in 3 contracts

Samples: Manufacturing and Development Agreement (Bovie Medical Corp), Manufacturing and Development Agreement (Bovie Medical Corp), Manufacturing and Development Agreement (Bovie Medical Corp)

Termination for Material Breach. Either If either party materially breaches this Agreement (including any Order Form or Statement of Work), the other party may terminate this Agreement and any Order: (ior, at its option, only the applicable Order Form or Statement of Work that has been materially breached) if the other party is in material breach of any of the terms and conditions of this Agreement and does not cure such material breach within upon thirty (30) days of receiving days’ written notice; or (ii) if , unless the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsbreach is cured within such time.

Appears in 2 contracts

Samples: Master Software License Agreement, Master Software License Agreement

Termination for Material Breach. Either party Party may terminate this Agreement and any Order: (i) or one or more Order Forms if the other party is in Party does not cure its material breach of any of the terms and conditions of this Agreement and does not cure such material breach or the applicable Order Form(s) within thirty (30) 30 days of receiving notice; or (ii) if written notice of the other party becomes material breach from the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsnon-breaching Party.

Appears in 2 contracts

Samples: Professional Services Agreement, Master Customer Agreement

Termination for Material Breach. Either party may terminate this Agreement and and/or any Order: Order (i) if the other party is in material breach of breaches any of the terms and conditions of this Agreement and does not cure such material breach within thirty (30) days of receiving noticenotice of such breach; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

Appears in 1 contract

Samples: Wellnesssselfscan Subscription Agreement

Termination for Material Breach. Either party may terminate this Agreement and at any Order: (i) if time in the event that the other party is in material breach of any of the terms and conditions material provision of this Agreement and does not fails to cure such material breach within thirty (30) days following receipt of receiving notice; or (ii) if written notice from the other non-breaching party becomes of such breach, with such termination to be effective immediately upon written notice to the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsbreaching party.

Appears in 1 contract

Samples: Consulting Agreement (Net 1 Ueps Technologies Inc)

Termination for Material Breach. Either party may terminate this Agreement and any Order: (i) if agreement upon a material breach by the other party is in material breach of any one or more of the terms and conditions of this Agreement and does not cure such material agreement, provided the party in breach within thirty (30) days of receiving notice; or (ii) if is notified in writing by the other party becomes of the subject material breach and such breach is not cured or a satisfactory resolution agreed upon in writing within 30 days of a petition such notice. Despite anything contained in bankruptcy this agreement, KNOWALL shall have the right to terminate this agreement without notice if Customer breaches clause 2 or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsclause 3.

Appears in 1 contract

Samples: Licensing Agreement

Termination for Material Breach. Either party may terminate this Agreement and any Order: (i) if the other party is in material breach of any of the terms and conditions of this Agreement and does not cure such material breach within thirty (30) days of receiving notice; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.thirty

Appears in 1 contract

Samples: End User Subscription Agreement

Termination for Material Breach. Either If either party breaches in any material respect any of its material obligations under this Agreement, in addition to any other right or remedy, the non-breaching party may terminate this Agreement and any Order: in the event that the breach is not cured within ninety days (ior thirty days if regarding the payment of monies hereunder) if the other after receipt by such party is in material breach of any written notice of the terms and conditions of this Agreement and does not cure such material breach within thirty (30) days of receiving notice; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsbreach.

Appears in 1 contract

Samples: Foghorn Therapeutics Inc.

Termination for Material Breach. Either party may terminate this Agreement and any Order: (i) if the other If either party is in material breach of any of the terms and conditions of this Agreement and does not cure such material breach within thirty (30) days of receiving notice; or (ii) if agreement, the other party becomes may terminate this agreement at the subject end of a petition in bankruptcy or any proceeding relating to insolvencywritten 30-day notice/cure period, receivership, liquidation or assignment for if the benefit of creditorsbreach has not been cured.

Appears in 1 contract

Samples: Subscription Solutions Agreement

Termination for Material Breach. Either party Party may terminate this Agreement and any Order: (i) if in the event that the other party is in material breach of Party materially breaches any of the terms and conditions of or responsibilities outlined in this Agreement and does has not cure such material cured said breach within thirty fourteen (3014) days of receiving notice; or (ii) if the other party becomes the subject receipt of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit written notice of creditorssaid breach.

Appears in 1 contract

Samples: Property Management Agreement (Arrived STR, LLC)

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Termination for Material Breach. Either party This Agreement may terminate this Agreement and any Order: (i) if be terminated by either Party in the event that the other party is Party breaches, in any material breach of respect, any of the terms and conditions provision of this Agreement and does not cure fails to remedy such material breach within thirty (30) days of receiving notice; or (ii) if receipt of written notice from the other party becomes the subject Party of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorssuch breach.

Appears in 1 contract

Samples: Transition Agreement (NorthStar Realty Europe Corp.)

Termination for Material Breach. (i) Either party Party may terminate this Agreement and any Order: (i) if Agreement, or on a Product-by- Product basis, for the other party is in material breach of any of the terms and conditions of this Agreement and does not cure by the other Party, if such breach remains uncured ninety (90) days following written notice from the non- breaching Party to the breaching Party specifying such material breach within thirty (30) days of receiving notice; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsbreach.

Appears in 1 contract

Samples: Collaboration Agreement

Termination for Material Breach. Either party The Agreement may terminate this Agreement and any Order: (i) if be terminated by either party, by sending notice of termination in writing to the other party is party, in case of any material breach of any of the terms and or conditions of this Agreement and does not cure by the other party, if such material party fails to remedy such breach or default within thirty (30) days after receipt of receiving notice; or (ii) if written notice thereof from the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorshereto.

Appears in 1 contract

Samples: Technology License Agreement (Manaris Corp)

Termination for Material Breach. Either party may terminate this Agreement and at any Order: (i) time if the other party is in commits a material breach of any of the material terms and or conditions of this Agreement and does not cure fails to remedy such material breach within thirty (30) days of after receiving notice; or (ii) if written notice from the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorssuch breach.

Appears in 1 contract

Samples: Borealis Sp Agreement (Borealis Technology Corp)

Termination for Material Breach. Either A party may terminate this Agreement and any Orderfor Material Breach: (i) if upon 30 calendar days written notice to the other party is which notice explains in detail the basis for the claim of a material breach of any of the terms and conditions of this Agreement and does not cure breach, if such material breach within thirty (30) days described in such notice remains uncured at the expiration of receiving notice; such period, or (ii) immediately without notice if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

Appears in 1 contract

Samples: Unified Renigma Terms of Service

Termination for Material Breach. Either party may terminate this Agreement and any Order: (i) if in the event of a material breach by the other party is in material breach that remains uncured for a period of any of the terms and conditions of this Agreement and does not cure such material breach within thirty (30) days after written notice of receiving notice; or (ii) if such breach. Each party will negotiate in good faith with the other during such thirty (30) days notice period to attempt to resolve any dispute associated with the alleged material breach, provided that the Agreement shall terminate at the end of such period if any party becomes is not satisfied with the subject proposed resolution of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorssuch dispute.

Appears in 1 contract

Samples: Site Development Agreement (World Commerce Online Inc)

Termination for Material Breach. Either party In the event of any material breach of this Agreement, the Party claiming breach may terminate this Agreement and any Order: (ieither in whole or with respect to only the Purchase Order Agreements to which the breach relates) if by giving thirty (30) days prior written notice of termination to the other party is in material breach of any of the terms and conditions of Party, except that this Agreement and does will not cure such material terminate if that other Party has cured the breach within thirty (30) days of receiving its receipt of such notice; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

Appears in 1 contract

Samples: Terms of Service

Termination for Material Breach. Either party In addition to any other rights or remedies available at law or in equity, a Party may terminate this Agreement and any every Purchase Order: (i) if , upon written notice, upon the occurrence of a material breach by the other party is in material breach of any of the terms and conditions Party of this Agreement and does that is not cure such material breach cured within thirty forty five (3045) days of receiving notice; or (ii) if the other party becomes the subject receipt of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorswritten notice thereof.

Appears in 1 contract

Samples: Distribution Agreement (Emulate Therapeutics, Inc.)

Termination for Material Breach. Either Upon material breach by either party of its obligations under this Agreement, the other party may terminate this Agreement and any Order: (i) if the other party is in material breach of any of the terms and conditions of this Agreement and does not cure such material breach within remains uncured for more than thirty (30) days after a party gives written notice of receiving notice; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditorsbreach.

Appears in 1 contract

Samples: Services Agreement (Salient Surgical Technologies, Inc.)

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