Common use of Termination of Agreement and Sublicense Clause in Contracts

Termination of Agreement and Sublicense. If Asthmatx materially breaches any of its obligations, duties or covenants under this Agreement, then Broncus may give Asthmatx written notice of such breach, setting forth the nature of the breach in reasonable detail. If Asthmatx fails to cure such breach within thirty (30) days of its receipt of such notice from Broncus, then Broncus may terminate this Agreement and the sublicense granted to Asthmatx under Section 2 effective immediately upon giving Asthmatx a written notice of such termination. ***** Certain portions of this exhibit have been omitted and confidential treatment has been requested for these omitted portions pursuant to an application for confidential treatment sent to the Securities and Exchange Commission.

Termination of Agreement and Sublicense. If Asthmatx materially breaches any of its obligations, duties or covenants under this Agreement, then Broncus may give Asthmatx written notice of such breach, setting forth the nature of the breach in reasonable detail. If Asthmatx fails to cure such breach within thirty (30) days of its receipt of such notice from Broncus, then Broncus may terminate this Agreement and the sublicense granted to Asthmatx under Section 2 effective immediately upon giving Asthmatx a written notice of such termination. ***** Certain portions of this exhibit have been omitted and confidential treatment has been requested for these omitted portions pursuant to an application for confidential treatment sent to the Securities and Exchange Commission.