Termination for Material Breach. In the event of any material breach of this Agreement, the Party claiming breach may terminate this Agreement (either in whole or with respect to only the Purchase Order Agreements to which the breach relates) by giving thirty (30) days prior written notice of termination to the other Party, except that this Agreement will not terminate if that other Party has cured the breach within thirty (30) days of its receipt of such notice.
Appears in 6 contracts
Sources: Terms of Service, Terms of Service, Terms of Service
Termination for Material Breach. In the event of any material breach of this Agreement, the Party claiming breach Either party may terminate this Agreement and any Order: (either in whole or with respect to only the Purchase Order Agreements to which the breach relatesi) by giving thirty (30) days prior written notice of termination to if the other Party, except that party is in material breach of any of the terms and conditions of this Agreement will and does not terminate if that other Party has cured the cure such material breach within thirty (30) days of its receipt receiving notice; or (ii) if the other party becomes the subject of such noticea petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
Appears in 6 contracts
Sources: End User Subscription Agreement, End User Subscription Agreement, End User Subscription Agreement
Termination for Material Breach. In the event of any material breach of this AgreementWithout limiting its other rights or remedies, the either Party claiming breach may terminate this Agreement (either in whole or with respect to only the Purchase Order Agreements to which the breach relates) immediate effect by giving thirty (30) days prior written notice of termination to the other Party, except that Party if the other Party commits a material breach of any term of this Agreement will not terminate and (if such a breach is remediable) fails to remedy that other Party has cured the breach within thirty (30) days of its receipt of such noticethat Party being notified in writing to do so.
Appears in 5 contracts
Sources: Terms of Service, Terms of Service, Terms of Service
Termination for Material Breach. In Either Party may terminate this Agreement and/or any Order Form hereunder in the event of any that the other Party is in material breach of this AgreementAgreement and/or such Order Form (including non-payment of any fees or dues post the relevant due date under such Order Form), subject to such material breach not being cured by the breaching Party claiming breach may terminate this Agreement within 30 (either in whole or with respect to only the Purchase Order Agreements to which the breach relates) by giving thirty (30) days prior written notice of termination to the other Party, except that this Agreement will not terminate if that other Party has cured the breach within thirty (30thirty) days of its receipt the non-breaching Party notifying the breaching Party of such noticematerial breach in writing.
Appears in 4 contracts
Sources: Master Services Agreement, Master Services Agreement, Master Services Agreement
Termination for Material Breach. In Either Party may terminate this Agreement, in whole but not in part, in the event of any that the other Party is in material breach of this Agreement, the Party claiming breach may terminate its obligations under this Agreement (either in whole or with respect and fails to only the Purchase Order Agreements to which the breach relates) by giving thirty (30) days prior written notice of termination to the other Party, except that this Agreement will not terminate if that other Party has cured the cure such material breach within thirty (30) days of following its receipt of written notice of such noticematerial breach from the non-breaching Party.
Appears in 3 contracts
Sources: Transition Services Agreement (Howard Hughes Holdings Inc.), Transition Services Agreement (Seaport Entertainment Group Inc.), Transition Services Agreement (Seaport Entertainment Group Inc.)
Termination for Material Breach. In Either Party may terminate the event of Agreement (including any SOW) if the other Party is in material breach of this Agreement, the Party claiming Agreement or any SOW and has failed to cure that breach may terminate this Agreement (either in whole or with respect to only the Purchase Order Agreements to which the breach relatesif curable) by giving thirty within fourteen (3014) days prior after the non-breaching Party’s written notice of termination to the other Party, except that this Agreement will not terminate if that other Party has cured the breach within thirty (30) days of its receipt of such noticethereof.
Appears in 2 contracts
Sources: Development Agreement (Bioharvest Sciences Inc.), Development Agreement (Bioharvest Sciences Inc.)
Termination for Material Breach. In Either Party may terminate this Agreement or one or more Order Forms if the event of any other Party does not cure its material breach of this Agreement, Agreement or the Party claiming breach may terminate this Agreement (either in whole or with respect to only the Purchase applicable Order Agreements to which the breach relatesForm(s) by giving thirty (30) within 30 days prior of receiving written notice of termination to the other material breach from the non-breaching Party, except that this Agreement will not terminate if that other Party has cured the breach within thirty (30) days of its receipt of such notice.
Appears in 2 contracts
Sources: Service Provider/Professional Services Agreement, Master Customer Agreement
Termination for Material Breach. In the event If either party materially breaches this Agreement (including any Order Form or Statement of any material breach of this AgreementWork), the Party claiming breach other party may terminate this Agreement (either in whole or with respect to or, at its option, only the Purchase applicable Order Agreements to which the breach relatesForm or Statement of Work that has been materially breached) by giving upon thirty (30) days prior days’ written notice of termination to the other Partynotice, except that this Agreement will not terminate if that other Party has cured unless the breach is cured within thirty (30) days of its receipt of such noticetime.
Appears in 2 contracts
Sources: Master Software License Agreement, Master Software License Agreement
Termination for Material Breach. In Either Party may terminate this Agreement in the event of any the other Party commits a material breach of this Agreement, the Party claiming including, without limitation, a Supply Failure, and has not cured such breach may terminate this Agreement (either in whole or with respect to only the Purchase Order Agreements to which the breach relates) by giving thirty (30) days prior within 30 days’ written notice of termination to thereof from the other non-breaching Party, except that this Agreement will not terminate if that other Party has cured the breach within thirty (30) days of its receipt of such notice.
Appears in 2 contracts
Sources: Supply Agreement (Braeburn Pharmaceuticals, Inc.), Supply Agreement (Braeburn Pharmaceuticals, Inc.)
Termination for Material Breach. In the event of any material breach of this Agreement, the Party claiming breach Either party may terminate this Agreement (either in whole or with respect to only the Purchase Order Agreements to which the breach relates) by giving thirty (30) days prior written notice of termination to at any time if the other Party, except that party commits a material breach of any of the material terms or conditions of this Agreement will not terminate if that other Party has cured the and fails to remedy such breach within thirty (30) days of its receipt after receiving written notice from the other party of such noticebreach.
Appears in 1 contract
Sources: North American Solution Provider Agreement (Borealis Technology Corp)
Termination for Material Breach. In the event of any material breach of this Agreement, the Party claiming breach A party may terminate this Agreement for Material Breach: (either in whole or with respect to only the Purchase Order Agreements to which the breach relatesi) by giving thirty (30) upon 30 calendar days prior written notice of termination to the other Partyparty which notice explains in detail the basis for the claim of a material breach, except that this Agreement will not terminate if that other Party has cured such material breach described in such notice remains uncured at the breach within thirty (30) days of its receipt expiration of such noticeperiod, 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
Sources: Terms of Service
Termination for Material Breach. In the event of any material breach of this Agreement, the Party claiming breach Either party may terminate this Agreement and any Order (either in whole or with respect to only the Purchase Order Agreements to which the breach relatesi) by giving thirty (30) days prior written notice of termination to if the other Party, except that party breaches any terms and conditions of this Agreement will and does not terminate if that other Party has cured the cure such breach within thirty (30) days of its receipt receiving notice of such noticebreach; 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
Sources: End User Subscription Agreement
Termination for Material Breach. In the event of any material breach of this Agreement, the Party claiming breach Either party may terminate this Agreement (either in whole or with respect to only the Purchase Order Agreements to which the agreement upon a material breach relates) by giving thirty (30) days prior written notice of termination to the other Partyparty of any one or more of the terms and conditions of this agreement, except that this Agreement will provided the party in breach is notified in writing by the other party of the material breach and such breach is not terminate if that other Party has cured the breach or a satisfactory resolution agreed upon in writing within thirty (30) 30 days of its receipt of such notice. Despite anything contained in this agreement, KNOWALL shall have the right to terminate this agreement without notice if Customer breaches clause 2 or clause 3.
Appears in 1 contract
Sources: Licensing Agreement
Termination for Material Breach. In This Agreement shall be subject to termination by either party in the event of any a material breach of this Agreement, hereof by the Party claiming breach may terminate this Agreement (either in whole or other party with respect to only its obligations, which breach is not cured within sixty (60) days (or, in the Purchase Order Agreements to which the breach relates) by giving case of a payment default, thirty (30) days prior days) following written notice of termination to Notice thereof by the other Party, except that this Agreement will not terminate if that other Party has cured the breach within thirty (30) days of its receipt of such noticenon-breaching party.
Appears in 1 contract
Termination for Material Breach. In the event of addition to any material breach of this Agreementother rights or remedies available at law or in equity, the a Party claiming breach may terminate this Agreement (either in whole or with respect to only and every Purchase Order, upon written notice, upon the Purchase Order Agreements to which the occurrence of a material breach relates) by giving thirty (30) days prior written notice of termination to the other Party, except that Party of this Agreement will that is not terminate if that other Party has cured the breach within thirty forty five (3045) days of its receipt of such noticewritten notice thereof.
Appears in 1 contract
Sources: Distribution Agreement (Emulate Therapeutics, Inc.)
Termination for Material Breach. In the event of If either party breaches in any material breach respect any of its material obligations under this Agreement, in addition to any other right or remedy, the Party claiming breach non-breaching party may terminate this Agreement (either in whole or with respect to only the Purchase Order Agreements to which event that the breach relatesis not cured within ninety days (or thirty days if regarding the payment of monies hereunder) after receipt by giving thirty (30) days prior such party of written notice of termination to the other Party, except that this Agreement will not terminate if that other Party has cured the breach within thirty (30) days of its receipt of such noticebreach.
Appears in 1 contract
Termination for Material Breach. In the event of any material breach of Either party may terminate this Agreement, at any time, by giving the Party claiming breach may terminate other written notice if the other party:
(a) materially breaches any term of this Agreement and it is not possible to remedy that breach;
(either in whole or with respect b) materially breaches any term of this Agreement and it is possible to only the Purchase Order Agreements to which the breach relates) by giving thirty (30) days prior written notice of termination to remedy that breach, but the other Party, except that this Agreement will not terminate if that other Party has cured the breach party fails to do so within thirty (30) 30 calendar days of its receipt of such noticebeing requested in writing to do so; or
(c) suffers or undergoes an Insolvency Event (where permitted under applicable law).
Appears in 1 contract
Sources: Software Agreement
Termination for Material Breach. In the event of any material breach of this Agreement, the Party claiming breach Either party may terminate this Agreement and any Order:
(either in whole or with respect to only the Purchase Order Agreements to which the breach relatesi) by giving thirty (30) days prior written notice of termination to if the other Party, except that party is in material breach of any of the terms and conditions of this Agreement will and does not terminate if that other Party has cured the cure such material breach within thirty (30) days of its receipt receiving notice; or (ii) if the other party becomes the subject of such noticea petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
Appears in 1 contract
Sources: End User Subscription Agreement
Termination for Material Breach. In the event of any material breach of this Agreement, the Party claiming breach Either party may terminate this Agreement (either in whole or with respect to only the Purchase Order Agreements to which provision of any Service if the breach relates) by giving thirty (30) days prior other party materially breaches any term of this Agreement immediately after providing written notice of termination to the other Partyparty and, except in the event of termination due to a material breach that this Agreement will is curable, after providing not terminate if that other Party has cured the less than 20 days to cure such breach within thirty (30) days of its receipt of as specified in such notice.
Appears in 1 contract
Termination for Material Breach. In the event of any material breach of this Agreement, the Party claiming breach Either party may terminate this Agreement (either at any time in whole or with respect to only the Purchase Order Agreements to which the breach relates) by giving thirty (30) days prior written notice of termination to event that the other Party, except that party is in material breach of any material provision of this Agreement will not terminate if that other Party has cured the and fails to cure such breach within thirty (30) days of its following receipt of written notice from the non-breaching party of such noticebreach, with such termination to be effective immediately upon written notice to the breaching party.
Appears in 1 contract
Termination for Material Breach. In the event of any material breach of this Agreement, the Party claiming breach Either party may terminate this Agreement and any Order: (either in whole or with respect to only the Purchase Order Agreements to which the breach relatesi) by giving thirty (30) days prior written notice of termination to if the other Party, except that party is in material breach of any of the terms and conditions of this Agreement will and does not terminate if that other Party has cured the cure such material breach within thirty (30) days of its receipt of such notice.thirty
Appears in 1 contract
Sources: End User Subscription Agreement
Termination for Material Breach. In Either Party may terminate this Agreement immediately by a written notice to the other Party
(i) in the event of a material breach by the other Party, by a written notice immediately, if the breach is not curable and by a written notice of 30 days, if the breach is curable and is not cured within the said notice period; or (ii) in the event of any material breach of this Agreementproceedings in bankruptcy, the Party claiming breach may terminate this Agreement (either in whole insolvency or with respect to only the Purchase Order Agreements to which the breach relates) winding up filed by giving thirty (30) days prior written notice of termination to or against the other Party, except that this Agreement will not terminate if that other Party has cured or for the breach within thirty (30) days appointment of its receipt an assignee or equivalent for the benefit of such noticecreditors or of a receiver or of any similar proceedings.
Appears in 1 contract
Sources: Services Agreements
Termination for Material Breach. In the event of any material breach of this Agreement, the This Agreement may be terminated by either Party claiming breach may terminate this Agreement (either in whole or with respect to only the Purchase Order Agreements to which the breach relates) by giving thirty (30) calendar days prior written notice of such termination to the other Party in the event of a material breach by the other Party. “Material breach” shall include but not limited to: (i) any violation of the terms of Clause 2, 3 and 4, (ii) any other breach that a Party has failed to cure within fifteen (15) calendar days after receipt of written notice by the other Party, except that this Agreement will not terminate if that other Party has cured (iii) an act of gross negligence or wilful misconduct of a Party, or (iv) the breach within thirty (30) days insolvency, liquidation or bankruptcy of its receipt of such noticea Party.
Appears in 1 contract
Sources: Exclusive Distribution Agreement (Integrated Media Technology LTD)
Termination for Material Breach. In the event of any material breach of this Agreement, the Party claiming breach Either party may terminate this Agreement (either in whole or with respect to only the Purchase Order Agreements to which event of a material breach by the breach relates) by giving other party that remains uncured for a period of thirty (30) days prior after written notice of termination to such breach. Each party will negotiate in good faith with the other Party, except that this Agreement will not terminate if that other Party has cured the breach within during such thirty (30) days of its receipt 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 noticeperiod if any party is not satisfied with the proposed resolution of such dispute.
Appears in 1 contract
Sources: Web Site Development Agreement (World Commerce Online Inc)
Termination for Material Breach. In Either Party may terminate this Agreement, with respect to all or any applicable Services it receives hereunder, if the event of any other Party is in material breach of this Agreement, the Party claiming breach may terminate this Agreement (either in whole or with respect to only the Purchase Order Agreements to which the breach relates) by giving thirty (30) days prior written notice its provision of termination to the other PartyServices hereunder, except that this Agreement will not terminate if that and such other Party has cured the fails to cure such material breach within thirty sixty (3060) days of its receipt of notice of such noticematerial breach from the non-breaching Party.
Appears in 1 contract
Termination for Material Breach. In Either party may terminate an Order or this Agreement upon written notice to the other party in the event of any the other party commits a material breach of this Agreement, the Party claiming breach may terminate this Agreement (either in whole or with respect to only the Purchase Order Agreements to which the breach relates) by giving thirty (30) days prior written notice of termination to the other Party, except that this Agreement will and does not terminate if that other Party has cured the remedy such breach within thirty (30) days of its after receipt of notice from the non-defaulting party or such noticeother period as the Parties may agree.
Appears in 1 contract
Sources: Order Agreement
Termination for Material Breach. In the event of any material breach of this Agreement, the Party claiming breach Either party may terminate this Agreement and any Order Form: (either in whole or with respect to only the Purchase Order Agreements to which the breach relatesi) by giving thirty (30) days prior written notice of termination to if the other Party, except that party is in material breach of any of the terms and conditions of this Agreement will and does not terminate if that other Party has cured the cure such material breach within thirty (30) days of its receipt receiving notice; or (ii) if the other party becomes the subject of such noticea petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.
Appears in 1 contract
Sources: License Agreement
Termination for Material Breach. In the event of any material breach of this Agreement, the Party claiming breach Either party may terminate this Agreement and/or any Order (either in whole or with respect to only the Purchase Order Agreements to which the breach relatesi) by giving thirty (30) days prior written notice of termination to if the other Party, except that party breaches any terms and conditions of this Agreement will and does not terminate if that other Party has cured the cure such breach within thirty (30) days of its receipt receiving notice of such noticebreach; 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
Sources: Subscription Agreement
Termination for Material Breach. In the event of any material breach of Either Party may terminate this Agreement, the Party claiming breach may terminate at any time, by
(a) materially breaches any term of this Agreement and it is not possible to remedy that breach;
(either in whole or with respect b) materially breaches any term of this Agreement and it is possible to only the Purchase Order Agreements to which the breach relates) by giving thirty (30) days prior written notice of termination to remedy that breach, but the other Party, except that this Agreement will not terminate if that other Party has cured the breach fails to do so within thirty (30) calendar days of its receipt of such noticebeing requested in writing to do so; or
(c) suffers or undergoes an Insolvency Event (where permitted under applicable law).
Appears in 1 contract
Sources: General Terms Agreement
Termination for Material Breach. In the event of any material breach of this Agreement, the Either Party claiming breach may terminate this Agreement (either in whole or with respect to only for the Purchase Order Agreements to other Party’s material breach which the breach relates) by giving remains uncured for thirty (30) days prior written notice of termination to after the other Party, except that this Agreement will not terminate if that other breaching Party has cured received notice from the breach within thirty (30) days of its receipt non-breaching Party of such noticebreach.
Appears in 1 contract
Sources: Master Services Agreement
Termination for Material Breach. In the event of any material breach of this Agreement, the Either Party claiming breach may terminate this Agreement (either in whole or with respect including any applicable Order Forms) if the other Party materially breaches any provision of this Agreement and fails to only cure that breach within 30 days of the Purchase Order Agreements to which the breach relates) by giving thirty (30) days prior breaching Party’s receipt of written notice of termination to the other Party, except that this Agreement will not terminate if that other Party has cured the breach within thirty (30) days of its receipt of such noticethereof.
Appears in 1 contract
Sources: Master Services Agreement