Common use of Termination for Material Breach Clause in Contracts

Termination for Material Breach. Upon any breach of a material provision of this Agreement by a Party (the “Breaching Party”), the other Party (the “Non-Breaching Party”) may terminate this Agreement by providing ninety (90) days written notice to the Breaching Party specifying the material breach. The termination shall become effective at the end of the notice period unless the Breaching Party cures such breach during such notice period. Ikaria may terminate this Agreement pursuant to this Section 8.2 immediately upon any termination of the BGN License Agreement.

Termination for Material Breach. Upon any material breach of a material provision or default of this Agreement by a Party (the “Breaching either Party”), other than as set forth in Sections 8.1 or 8.2 above, and subject to Section 2.4.3, the other Party (shall have the “Non-Breaching Party”) may right to terminate this Agreement by providing ninety and the rights, privileges and licenses granted hereunder upon giving thirty (9030) days written notice to the Breaching Party specifying the material breachbreaching Party. The Such termination shall become effective at upon the end expiration of the notice such thirty (30)-day period unless the Breaching breaching Party cures shall have cured any such breach during or default prior to the expiration of such notice thirty (30) day period. Ikaria may terminate this Agreement pursuant to this Section 8.2 immediately upon any termination of the BGN License Agreement.

Termination for Material Breach. Upon any breach of a material provision of this Agreement by a A Party (shall have the “Breaching Party”), the other Party (the “Non-Breaching Party”) may right to terminate this Agreement by providing ninety (90) days in such Party’s sole discretion, upon delivery of written notice to the Breaching other Party in the event of any material breach by such other Party of this Agreement, provided that such breach has not been cured within sixty (60) calendar days after written notice thereof is given by the terminating Party specifying the material breach. The termination shall become effective at the end nature of the notice period unless the Breaching Party cures such alleged material breach during such notice period. Ikaria may terminate this Agreement pursuant to this Section 8.2 immediately upon any termination of the BGN License Agreementin reasonable detail.

Termination for Material Breach. Upon any breach of a material provision of this Agreement by In the event that a Party has materially breached or defaulted in the performance of any of its obligations hereunder, and if such default is not corrected within sixty (the “Breaching Party”), 60) days after receiving written notice from the other Party (with respect thereto, such other Party shall have the “Non-Breaching Party”) may right to terminate this Agreement by providing ninety (90) days giving written notice to the Breaching Party specifying breaching Party; provided that the material breach. The time period for providing such notice of termination shall become effective at be extended for so long as the end of the notice period unless the Breaching breaching Party cures is engaged in good faith efforts to cure such breach during such notice period. Ikaria may terminate this Agreement pursuant to this Section 8.2 immediately upon any termination of the BGN License Agreementor default.

Termination for Material Breach. Upon Except as otherwise provided in Section 11.3, upon any material breach of a material provision of this Agreement by a Party (the “Breaching Party”)party, the other Party (party shall have the “Non-Breaching Party”) may right to terminate this Agreement by providing giving ninety (90) days prior, written notice to the Breaching Party specifying breaching party; provided, however, that this Agreement shall not terminate if the material breach. The termination shall become effective at breaching party has cured such breach by the end of such ninety (90) day period and further provided that such cure period shall be forty-five (45) days for the notice period unless the Breaching Party cures such breach during such notice period. Ikaria may terminate this Agreement pursuant failure to this Section 8.2 immediately upon any termination of the BGN License Agreementpay amounts not disputed in good faith hereunder in full as and when due and owing.

Termination for Material Breach. Upon any breach of a material provision of this Agreement by a Each Party (shall have the “Breaching Party”), the other Party (the “Non-Breaching Party”) may right to terminate this Agreement by providing ninety or any SOW upon 30 days’ (90or, in the case of breach of any payment obligation, 30 days’) days prior written notice to the Breaching other Party specifying upon or after the material breach. The termination shall become effective at breach of this Agreement or any SOW by the other party if the breaching Party has not cured such breach by the end of such 60-day (or 30-day, as applicable) period. If such notice of breach is for breach of a SOW, such notice shall note the notice period unless the Breaching Party cures specific SOW under which such breach during such notice period. Ikaria may terminate this Agreement pursuant to this Section 8.2 immediately upon any termination of the BGN License Agreementis claimed.

Termination for Material Breach. Upon any breach of a material provision of this Agreement by a Either Party (shall have the “Breaching Party”), the other Party (the “Non-Breaching Party”) may right to terminate this Agreement by providing written notice to the other Party in the event that the other shall commit any material breach of this Agreement and shall fail to remedy same within ninety (90) days written notice after being called upon in writing to do so (or immediately due to a breach by the Breaching Change of Control Party specifying the material breach. The termination shall become effective at the end of the notice period unless the Breaching Party cures such breach during such notice period. Ikaria may terminate this Agreement pursuant to this its obligations under Section 8.2 immediately upon any termination of the BGN License Agreement2.3 or Section 3.4).

Termination for Material Breach. Upon any material breach of a material provision or default of this Agreement by a Party (the “Breaching either Party”), other than as set forth in Section 8.2, and subject to Section 2.4.3, the other Party (shall have the “Non-Breaching Party”) may right to terminate this Agreement by providing ninety and the rights, privileges and licenses granted hereunder upon giving thirty (9030) days written notice to the Breaching Party specifying the material breachbreaching Party. The Such termination shall become effective at upon the end expiration of the notice such thirty (30) day period unless the Breaching breaching Party cures shall have cured any such breach during or default prior to the expiration of such notice thirty (30) day period. Ikaria may terminate this Agreement pursuant to this Section 8.2 immediately upon any termination of the BGN License Agreement.

Termination for Material Breach. Upon any breach of a material provision of this Each Party shall have the right to terminate the Agreement by a Party (the “Breaching Party”), the other Party (the “Non-Breaching Party”) may terminate this Agreement by providing ninety (90) after [ * ] days written notice to the Breaching Party specifying other that the other is in material breach. The termination shall become effective at the end breach of the notice period Agreement, unless the Breaching other Party cures the breach before the expiration of such period of time, or, in the case that such breach during cannot be cured within such notice period, the Party continues to use diligent efforts to cure such breach until actually cured. Ikaria may terminate In addition, this Agreement shall terminate in the event the Collaboration Agreement is terminated pursuant to this Section 8.2 immediately upon any termination of the BGN License Agreement.15.2 or 15.3

Termination for Material Breach. Upon any breach of Either party may terminate the licenses it has granted to the other party hereunder, effective upon notice, if it is found in a material provision final, non-appealable decision pursuant to Section 8.8 of this Agreement by a Party that (i) such party has materially breached any warranty, term, condition or covenant of this Agreement and failed to cure that breach within sixty days after written notice, specifying such breach in reasonable detail and (ii) termination is warranted under the “Breaching Party”), circumstances. Any such termination shall not affect the licenses granted to the other Party (party by the “Non-Breaching Party”) may terminate this Agreement by providing ninety (90) days written notice to the Breaching Party specifying the material breach. The termination shall become effective at the end of the notice period unless the Breaching Party cures such breach during such notice period. Ikaria may terminate this Agreement pursuant to this Section 8.2 immediately upon any termination of the BGN License Agreementbreaching party.

Termination for Material Breach. Upon any breach of a material provision of Either Party shall have the right to terminate this Agreement by a Party (in the “Breaching Party”), event the other Party (has materially breached or defaulted in the “Non-Breaching Party”) may terminate this Agreement by providing performance of any of its material obligations hereunder, and such default has continued for ninety (90) calendar days after written notice thereof was provided to the Breaching breaching Party specifying by the material breachnon-breaching Party. The Any such termination shall become effective at the end of the notice such ninety (90) calendar day period unless the Breaching breaching Party cures has cured any such breach during such notice period. Ikaria may terminate this Agreement pursuant or default prior to this Section 8.2 immediately upon any termination the expiration of the BGN License Agreementninety (90) calendar day period.

Termination for Material Breach. Upon any If either Party commits a material breach of a material provision any of its obligations under this Agreement by in respect of any Product, and such breach or default continues without cure for a Party (the “Breaching Party”), the other Party (the “Non-Breaching Party”) may terminate this Agreement by providing period of ninety (90) days after delivery by the other Party of written notice reasonably detailing such breach or default, then the other Party shall have the right to terminate this Agreement in respect of such Product only, with immediate effect, by giving written notice to the Breaching Party specifying the material breachbreaching Party. The termination Parties shall become effective retain all rights and remedies (at the end law or in equity) in respect of the notice period unless the Breaching Party cures such any breach during such notice period. Ikaria may terminate this Agreement pursuant to this Section 8.2 immediately upon any termination of the BGN License Agreementhereof.

Termination for Material Breach. Upon any breach of a material provision of Either Party shall have the right to terminate this Agreement by a Party (in the “Breaching Party”), event the other Party has materially breached or defaulted in the performance of any of its obligations hereunder, and if such breach or default is not corrected within sixty (the “Non-Breaching Party”) may terminate this Agreement by providing ninety (9060) days after the breaching Party receives written notice to the Breaching Party specifying the material identifying such breach. The termination shall become effective at the end of the notice period unless the Breaching Party cures such breach during such notice period. Ikaria may terminate this Agreement pursuant to this Section 8.2 immediately upon any termination of the BGN License Agreement.