Common use of Termination for Non-Performance Clause in Contracts

Termination for Non-Performance. Either Party may terminate this Agreement if the other Party fails to perform a material provision of this Agreement as required herein, provided that the Party seeking termination shall provide prior written notice of its intention to terminate to the other Party, which notice shall fully describe how the other Party failed to perform a material provision of this Agreement, and provided further that the dispute has not been resolved by following the procedures set forth in Section 9 above. If the Parties are unable to resolve the dispute following the procedures set forth in Section 9, the Party seeking termination may provide a written notification of termination to the other Party, and such termination shall become effective thirty (30) days after the other Party has received such written notification. The procedures of this Section 10.1 shall not apply to terminations under Section 10.2 and 10.3 of this Agreement.

Termination for Non-Performance. Either A Party may terminate this Agreement if the other Party fails to perform a material provision of this Agreement as required herein, provided that the Party seeking termination shall provide prior written notice of its intention to terminate to the other Party, which notice shall fully describe how the other Party failed to perform a material provision of this Agreement, and provided further that the dispute has not been resolved by following the procedures set forth in Section 9 above. If the Parties are unable to resolve the dispute following the procedures set forth in Section 9, the Party seeking termination may provide a written notification of termination to the other Party, and such termination shall become effective thirty (30) days after the other Party has received such written notification. The procedures of this Section 10.1 shall not apply to terminations under Section 10.2 and 10.3 of this Agreement.