Common use of Termination for Material Breach Clause in Contracts

Termination for Material Breach. Either Party may terminate this Agreement by written notice at a date set in the notice (allowing at least [***] for cure) in the event of a material breach of this Agreement by the other Party; provided that the breaching Party fails to cure such breach within [***] from the date of such notice.

Appears in 4 contracts

Sources: Commercial Supply Agreement, Commercial Supply Agreement (Amag Pharmaceuticals Inc.), Commercial Supply Agreement (Amag Pharmaceuticals Inc.)

Termination for Material Breach. Either Party may terminate this Agreement by written notice at if the other Party commits a date set in the notice (allowing at least material breach of this Agreement, and such material breach continues for [***] for cure) in after receipt of written notice thereof from the event of a material breach of this Agreement by the other non-breaching Party; provided that the breaching Party fails to cure if such material breach cannot reasonably be cured within [***] from ], the date breaching Party shall be given a reasonable period of time to cure such breach; provided further, that if such material breach is incapable of cure, then the notifying Party may terminate this Agreement effective after the expiration of such notice[***] period.

Appears in 4 contracts

Sources: Clinical Trial Collaboration and Supply Agreement (Intensity Therapeutics, Inc.), Clinical Trial Collaboration and Supply Agreement (IO Biotech, Inc.), Clinical Trial Collaboration and Supply Agreement (RAPT Therapeutics, Inc.)

Termination for Material Breach. Either In the event that either Party may terminate commits a material breach in any of the terms or conditions of this Agreement by written notice at a date set in Agreement, and that Party fails to cure the notice (allowing at least breach [***] for cure) in after receipt of notice of the event of a material default or breach of this Agreement by from the other Party; provided that , the breaching Party fails to cure such breach within giving notice may, at its option, immediately terminate this Agreement at the end of the [***] from period. For the date avoidance of such noticedoubt, [***] by Sponsor or non-payment by Worldwide to Institutions/Investigators under Section 4.1(f) shall [***].

Appears in 3 contracts

Sources: Services Agreement (Synaptogenix, Inc.), Services Agreement (Neurotrope, Inc.), Services Agreement (Neurotrope, Inc.)

Termination for Material Breach. Either Upon any material breach of this Agreement by either Party, the other Party may terminate this Agreement by written notice at a date set in the notice (allowing at least providing [***] for cure) in the event of a material breach of this Agreement by the other Party; provided that the breaching Party fails to cure such breach within prior written notice (thirty [***] from prior written notice with respect to a payment breach) to the date breaching Party, specifying the material breach. The termination shall become effective at the end of the [***] (or [***], as applicable) period unless the breaching Party cures such noticebreach during such [***] (or [***], as applicable) period.

Appears in 2 contracts

Sources: License and Collaboration Agreement (Cullinan Oncology, LLC), License and Collaboration Agreement (Cullinan Oncology, LLC)

Termination for Material Breach. Either Party may terminate this Agreement by written notice at a date set in to the notice (allowing at least [***] other Party, for cure) in the event of a any material breach of this Agreement by the other Party; provided that the breaching Party fails to cure , if such breach is not cured within [***] ([***] in the case of a payment breach) after the breaching Party receives notice from the date of terminating Party specifying such noticebreach.

Appears in 2 contracts

Sources: Research Collaboration and Exclusive License Agreement (Keros Therapeutics, Inc.), Research Collaboration and Exclusive License Agreement (Keros Therapeutics, Inc.)

Termination for Material Breach. Either Party may terminate this Agreement by upon written notice at a date set in to the notice (allowing at least [***] for cure) in other Party if the event of a material breach of other Party materially breaches this Agreement by the other Party; provided that the breaching Party and fails to cure such material breach within [***] from after receiving written notice thereof. If, during such cure period, either Party initiates a dispute resolution procedure in accordance with Section 12.14 regarding the date material breach for which termination is being sought, then such cure period will be tolled during the pendency of such noticedispute resolution procedure.

Appears in 2 contracts

Sources: Cross License Agreement (Xilio Therapeutics, Inc.), Cross License Agreement (Xilio Therapeutics, Inc.)

Termination for Material Breach. Either Party may terminate this Agreement by written notice at a date set in the notice (allowing at least [***] for cure) in the event of a material breach of this Agreement by the other Party; provided that the breaching Party fails to cure such breach within [***] from the date of such notice, or if the nature of the breach is such as to reasonably require more than [***] to cure, the Party (1) fails to use diligent efforts to cure such material breach, or (2) fails to cure such material breach within an additional [***] period.

Appears in 2 contracts

Sources: Clinical and Commercial Supply Agreement (Bluebird Bio, Inc.), Clinical and Commercial Supply Agreement (Bluebird Bio, Inc.)

Termination for Material Breach. Either Upon any material breach of this Agreement by either Party, the other Party may terminate this Agreement by written notice at a date set in the notice (allowing at least providing [***] for cure) in the event of a material breach of this Agreement by the other Party; provided that the breaching Party fails to cure such breach within prior written notice ([***] from prior written notice with respect to a payment breach) to the date breaching Party, specifying the material breach. The termination shall become effective at the end of the [***] (or [***], as applicable) period unless the breaching Party cures such noticebreach during such [***] (or [***], as applicable) period.

Appears in 2 contracts

Sources: Exclusive License Agreement (Cullinan Oncology, LLC), Exclusive License Agreement (Cullinan Oncology, LLC)

Termination for Material Breach. Either Upon any material breach of this Agreement by either Party, the other Party may terminate this Agreement by written notice at a date set in the notice (allowing at least providing [**] prior written notice ([**] for cureprior written notice with respect to a payment breach) in to the event breaching Party, specifying the material breach. The termination shall become effective at the end of a material breach of this Agreement by the other Party; provided that [**] (or [**], as applicable) period unless the breaching Party fails to cure cures such breach within during such [**] (or [*] from the date of such notice*], as applicable) period.

Appears in 2 contracts

Sources: Exclusive License Agreement (IMARA Inc.), Exclusive License Agreement (IMARA Inc.)

Termination for Material Breach. Either Party may shall have the right to terminate this Agreement by upon written notice at a date set in the notice (allowing at least [***] for cure) in the event of a material breach of this Agreement by to the other Party; provided that Party if, after receiving written notice of such material breach, the breaching other Party fails to cure such breach within [***] from the date of such notice.

Appears in 1 contract

Sources: License Agreement (scPharmaceuticals Inc.)

Termination for Material Breach. Either This Agreement may be terminated by either Party may terminate this Agreement by written notice at a date set in the notice (allowing at least [***] for cure) in the event of a upon any material breach of this Agreement by the other Party; provided except that the breaching Party fails alleging such breach must first give the other Party written notice thereof, which notice must state the nature of the breach in reasonable detail and the other Party must have failed to cure such alleged breach within [***] from 45 days after receipt of the date of such notice.

Appears in 1 contract

Sources: Distribution Agreement (Cepheid)

Termination for Material Breach. Either Party may terminate this Agreement by written notice at a date set in the notice (allowing at least [***] days for cure) in the event of a material breach of this Agreement by the other Party; provided that the breaching Party fails to cure such breach within [***] days from the date of such notice.

Appears in 1 contract

Sources: Commercial Supply Agreement (Amag Pharmaceuticals Inc.)

Termination for Material Breach. Either This Agreement may be terminated by either Party may terminate this Agreement by written notice at a date set in the notice (allowing at least [***] for cure) in the event of a upon any material breach of this Agreement by the other Party; provided except that the breaching Party fails alleging such breach must first give the other Party written notice thereof, which notice must state the nature of the breach in reasonable detail and the other Party must have failed to cure such alleged breach within [***] from 45 days after receipt of the date of such notice.

Appears in 1 contract

Sources: License Agreement (Cepheid)

Termination for Material Breach. Either Party A party claiming a material breach by the other party may elect to terminate this Agreement by providing notice of such intent to terminate to the other party, stating the date upon which the termination will be effective. Other than the notice required in this section 10.2, no written notice at is required for a date set in the notice (allowing at least [***] party to terminate this Agreement for cure) in the event of a claimed material breach of this Agreement by the other Party; provided that the breaching Party fails unless failure to cure such breach within [***] from after notice is specifically listed as a component of the date of such noticeclaimed material breach.

Appears in 1 contract

Sources: Lease Agreement

Termination for Material Breach. Either Party may terminate this Agreement by upon written notice at a date set in the notice (allowing at least [***] for cure) in the event of a material breach of this Agreement by if the other Party has breached any of its material obligations under this Agreement, and (a) such breach has not been cured within 60 days after written notice of the breach, or (b) if a plan, reasonably acceptable to the non-breaching Party; provided that the breaching Party fails , is not implemented to cure such breach within [***] from as soon as practicable after notice of the date of such noticebreach.

Appears in 1 contract

Sources: Investors' Agreement (Voip Inc)

Termination for Material Breach. Either Party may terminate this Agreement by written notice at a date set in the notice (allowing at least [***] for cure) in the event of a material breach of this Agreement by the other Party; provided that Party if the breaching Party fails to cure any such breach within [***] calendar days after receipt of written notice from the date non- breaching Party specifying such breach. In the event the Supply Agreement is terminated by either Party as the result of such noticea material breach of the terms of the Supply Agreement by the other Party, this Agreement shall be deemed to be terminated at the same time.

Appears in 1 contract

Sources: Exclusive License Agreement (CASI Pharmaceuticals, Inc.)

Termination for Material Breach. Either In the event that either Party (the “Breaching Party”) breaches any of its material obligations under this Agreement, the other Party may terminate this Agreement by written notice at a date set in the notice (allowing at least upon [***] for cure) in the event of a material breach of this Agreement by the other Party; provided that the breaching Party fails to cure days’ prior written notice (such breach within [***] from ]-day period, the date “Notice Period”) to the Breaching Party, specifying the breach and its claim of right to terminate; provided, that the termination of this Agreement shall not become effective at the end of the Notice Period if the Breaching Party cures such noticebreach during the Notice Period.

Appears in 1 contract

Sources: Supply Agreement (Catalyst Pharmaceuticals, Inc.)

Termination for Material Breach. Either Party party may terminate this Agreement by immediately upon written notice at a date set in to the notice (allowing at least [***] for cure) other party in the event of a material breach of this Agreement by the other Party; provided that party. Such written notice shall specify the breaching Party fails to cure such nature of the breach within [***] in reasonable detail from the date of such noticenon-breaching party.

Appears in 1 contract

Sources: Consulting Agreement (Accuray Inc)

Termination for Material Breach. Either Party This Agreement may terminate be terminated at any time during the term of this Agreement by upon written notice at a date set by either Party if the other Party is in the notice (allowing at least [***] for cure) in the event of a material breach of this Agreement by the other Party; provided that the breaching Party fails to cure and has not cured such breach within [***] from after notice requesting cure of the date of such noticebreach; provided, however, [***].

Appears in 1 contract

Sources: Exclusive License Agreement (Dare Bioscience, Inc.)

Termination for Material Breach. Either Party may terminate this Agreement by giving a written notice at a date set in of termination to the notice (allowing at least [***] for cure) other Party in the event of a material breach by such other Party of any term or condition of this Agreement by the and such other Party; provided that the breaching Party fails to cure such breach within [***] from the date of ninety (90) days after a written notice is given to such noticeother Party requesting that such breach be cured.

Appears in 1 contract

Sources: Exclusive License and Sublicense Agreement (Pelthos Therapeutics Inc.)

Termination for Material Breach. Either Party may terminate this Agreement by effective immediately upon written notice at a date set in the notice (allowing at least [***] for cure) in the event of a material breach of this Agreement by to the other Party; provided that , if (a) the breaching other Party materially breaches this Agreement and fails to cure such material breach within [***] days after receiving written notice thereof from the date terminating Party or (b) the other Party materially breaches this Agreement and such material breach is incapable of such noticecure.

Appears in 1 contract

Sources: Clinical Study Collaboration and Supply Agreement (IDEAYA Biosciences, Inc.)

Termination for Material Breach. Either Party may may, in addition to any other remedies available to it by law or in equity, terminate this Agreement by Agreement, upon [ ] written notice at a date set in to the notice (allowing at least [***] for cure) other Party in the event of that the other Party breaches a material breach provision of this Agreement by the other Party; provided that the breaching Party and fails to cure such breach within [***[ ] from of notice of the date of such noticebreach.

Appears in 1 contract

Sources: Supply and Distribution Agreement (Supergen Inc)

Termination for Material Breach. Either Party may shall have the right to terminate this Agreement by written notice at a date set in to the notice (allowing at least [***] for cure) other Party in the event of a that the other shall commit any material breach of this Agreement by the other Party; provided that the breaching Party fails and shall fail to cure such breach remedy same within [***] from after being called upon in writing to do so (provided that such cure period shall instead be [***] in the date event of such noticea breach consisting of a failure to timely pay amounts due under Section 4).

Appears in 1 contract

Sources: Promotion Agreement (Acelrx Pharmaceuticals Inc)

Termination for Material Breach. Either Upon any material breach of this Agreement by either Party (in such capacity, the “Breaching Party”), the other Party may terminate this Agreement by written notice at a date set in the notice (allowing at least providing [***] for cure) in written notice to the event Breaching Party, specifying the material breach. The termination shall become effective at the end of a material breach of this Agreement by the other Party; provided that the breaching Party fails to cure such breach within [**] period unless the Breaching Party cures such breach during such [**] from the date of such noticeperiod.

Appears in 1 contract

Sources: License Agreement (Dyne Therapeutics, Inc.)

Termination for Material Breach. Either This Agreement may be terminated by a Party may terminate this Agreement by upon written notice at a date set by such Party to the other Party if the other Party is in the notice (allowing at least [***] for cure) in the event of a material breach of this Agreement by the other Party; provided that the breaching Party fails to cure and has not cured such breach within [***] days (or [***] days with respect to any payment breach) after notice from the date terminating Party detailing the specific material breach that is alleged. Any such termination shall become effective at the end of such notice[***] day (or [***]-day with respect to any payment breach) period unless the breaching Party has cured any such breach prior to the end of such period.

Appears in 1 contract

Sources: Development, Marketing and Supply Agreement (Axovant Sciences Ltd.)

Termination for Material Breach. Either Party party may terminate this Agreement by written notice at a date set in the notice (allowing at least [***] for cure) in the event of upon a material breach of this Agreement by the other Partyparty; provided however, that the breaching Party fails terminating party must first give the other party written notice, which notice must state the nature of the breach in reasonable detail and that the terminating party views such alleged Material Breach as a basis for terminating this Agreement under this Section and such other party must have failed to cure such that alleged breach within [***] from the date 30 days after receipt of such notice.

Appears in 1 contract

Sources: License Agreement (Auriga Laboratories, Inc.)