Termination for Material Default Sample Clauses

Termination for Material Default. 16.1 For the purposes of this Section:

Termination for Material Default. In the event of material default, the non- defaulting Party may terminate this Agreement upon three (3) days’ written notice which right shall not be subject to the right to cure.

Termination for Material Default. CCS may terminate this Framework Agreement for material Default at any time if:

Termination for Material Default. Either party may terminate this -------------------------------- Agreement immediately in the event that the other party materially defaults in the performance or observance of any material covenant, agreement or condition set forth in this Agreement, which default remains uncured for a period of thirty (30) days from the date that the notifying party provides notice to the defaulting party.

Termination for Material Default. Either Party will have the right to terminate this Agreement upon delivery of written notice to the other Party in the event of any material default in the performance by such other Party of any of such other Party’s material obligations under this Agreement, provided that such default has not been cured [***], or, in the event such default results in a failure to make any material payment when due hereunder, [***], after written notice thereof is given by the non-defaulting Party to the defaulting Party specifying the nature of the alleged default.

Termination for Material Default. Either Party shall have the right to terminate this Agreement upon delivery of written notice to the other Party in the event of any default in the performance by such other Party of any of such other Party’s material obligations under this Agreement, provided that such default has not been cured within ninety (90) days, or, in the event such default results in a failure to make payment when due hereunder, thirty (30) days, after written notice thereof is given by the non-defaulting Party to the defaulting Party specifying the nature of the alleged default, provided the Parties shall take all reasonable steps to resolve the matter pursuant to the process set forth in Section 10.6(a) during the applicable cure period and before any such termination becomes effective. Termination of this Agreement by Bayer under this Section 9.2 shall be on a country-by-country and product-by-product basis (and not for the Agreement as a whole) if the default giving rise to termination is reasonably specific to one or more countries or one or more products (e.g., a royalty dispute for one product in one or more countries).

Termination for Material Default. The Company may terminate this Agreement effective immediately upon written notice if Supplier: (a) breaches any material obligation under this Agreement and fails to cure such breach within thirty (30) days written notice to Supplier specifying in reasonable detail the nature of the breach; or (b) (i) files a voluntary petition for bankruptcy, (ii) is adjudicated bankrupt, (iii) has a court assume jurisdiction of its assets under a federal reorganization act, (iv) becomes insolvent or suspends business, or (v) makes an assignment of its assets for the benefit of its creditors. The Supplier may terminate this Agreement effective immediately upon written notice if Supplier: (a) breaches any material obligation under this Agreement, including, but not limited to, failure by the Company timely to pay all non-disputed invoices, and fails to cure such breach within thirty (30) days written notice to Company specifying in reasonable detail the nature of the breach; or (b) (i) files a voluntary petition for bankruptcy, (ii) is adjudicated bankrupt, (iii) has a court assume jurisdiction of its assets under a federal reorganization act, (iv) becomes insolvent or suspends business, or (v) makes an assignment of its assets for the benefit of its creditors. ***** - Denotes material that has been omitted and filed separately with the Commission

Termination for Material Default. Subject to Section 13.1 (FORCE MAJEUR), a non-defaulting party may terminate this Agreement upon the occurrence of any material default or breach by the defaulting party of any as follows: 1. the non-defaulting party will notify the defaulting party in writing of the occurrence of a material default of this Agreement; 2. the defaulting party will have a period of ten (10) days from delivery of the written notice in which to either: (a) correct or remedy the material default of this Agreement in a manner satisfactory to the non-defaulting party acting reasonably; (b) provide to the non-defaulting party a plan in writing to remedy or correct the default of this Agreement which is acceptable to the non-defaulting party acting reasonably;

Termination for Material Default. (a) Except for a breach under Section 11.3(b) hereof, upon default by a party in the performance of any material obligation under this Agreement, the non-defaulting party shall give notice in writing to the party in default and the defaulting party shall have sixty (60) days thereafter to cure the default. The defaulting party shall, immediately upon receipt of such notice, take diligent steps to cure such default. If the defaulting party does not cure or institute measures to substantially cure such default within thirty ( 30) days and diligently complete the cure within an additional thirty (30) days (unless such thirty (30) day period is not a sufficient period of time to cure such default, in which event the defaulting party shall have up to an additional 30 days to cure such default), the non-defaulting party may terminate this Agreement by providing written notice of intent to terminate which shall take effect ten (10) days following the receipt by the defaulting party of such notice. (b) Impax recognizes that, in the absence of this Agreement, it would be barred by applicable laws and regulations from making, using, selling, offering to sell or importing within the United States the loratadine product defined by ANDA 76-050, prior to the earlier of July 25, 2003 or a decision by the New Jersey District Court in Civil Action No. 01-0279 holding that Claims 1 and 3 of U.S. Patent No. 4,659,716 are invalid, unenforceable or not infringed by such product. Accordingly, it shall constitute a material breach of this Agreement in the event that Impax, prior to the earlier of July 25, 2003 or a decision by the New Jersey District Court in Civil Action No. 01-0279 holding that Claims 1 and 3 of U.S. Patent No. 4,659,716 are invalid, unenforceable or not infringed by such product, undertakes to, or actually, , sells or distributes within the United States the loratadine product defined by ANDA 76-050 for any purpose other than supplying Schering under the terms of this Agreement (hereinafter “Prohibited Actions”). Impax stipulates and agrees that such Prohibited Actions and material breach of this Agreement would: (1) not be subject to the provisions of Section 11.3(a) of this Agreement; (2) cause Schering immediate, irreparable harm for which monetary damages would not be adequate compensation; and (3) entitle Schering to obtain a temporary restraining order, and injunction enjoining such Prohibited Actions.