Common use of Termination of the Agreement upon Material Breach Clause in Contracts

Termination of the Agreement upon Material Breach. (a) Failure by a Party to comply with any of its material obligations contained herein shall entitle the Party not in default to give to the Party in default notice specifying the nature of the default, requiring it to make good or otherwise cure such default, and stating its intention to terminate if such default is not cured. If such default is not cured within sixty (60) days after the receipt of such notice (or, if such default cannot be cured within such sixty (60) day period, if the Party in default does not commence and diligently continue actions to cure such default), the Party not in default shall be entitled, without prejudice to any of its other rights conferred on it by this Agreement, and in addition to any other remedies available to it by law or in equity, to terminate this Agreement; provided, however, that such right to terminate shall be stayed in the event that, during such sixty (60) day period, the Party alleged to have been in default shall have initiated dispute resolution in accordance with Section 14.10 with respect to the alleged default, which stay shall last so long as the initiating Party diligently and in good faith cooperates in the prompt resolution of such dispute resolution proceedings.

Appears in 5 contracts

Samples: Collaborative Research and License Agreement (Targacept Inc), Development and License Agreement (Targacept Inc), Development and License Agreement (Targacept Inc)

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Termination of the Agreement upon Material Breach. (a) Failure by a Party to comply with any of its material obligations contained herein shall will entitle the Party not in default to give to the Party in default notice specifying the nature of the default, requiring it to make good or otherwise cure such default, and stating its intention to terminate if such default is not cured. If such default is not cured within sixty (60) days [ * ] after the receipt of such notice (or, if such default cannot be cured within such sixty (60) day [ * ] period, if the Party in default does not commence and diligently continue actions to cure such defaultdefault within such [ * ] period), the Party not in default shall will be entitled, without prejudice to any of its other rights conferred on it by this Agreement, and in addition to any other remedies available to it by law or in equity, to terminate this Agreement; provided, however, that such right to terminate shall will be stayed in the event that, during such sixty (60) day [ * ] period, the Party alleged to have been in default shall will have initiated dispute resolution in accordance with Section 14.10 11.12 with respect to the alleged default, which stay shall will last so long as the initiating Party diligently and in good faith cooperates in the prompt resolution of such dispute resolution proceedings.

Appears in 1 contract

Samples: Collaborative Research and License Agreement (Axys Pharmecueticals Inc)

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Termination of the Agreement upon Material Breach. (a) Failure by a Party to comply with any of its material obligations contained herein shall will entitle the Party not in default to give to the Party in default notice specifying the nature of the default, requiring it to make good or otherwise cure such default, and stating its intention to terminate if such default is not cured. If such default is not cured within sixty ninety (6090) days after the receipt of such notice (or, if such default cannot be cured within such sixty ninety (6090) day period, if the Party in default does not commence and diligently continue actions to cure such default), the Party not in default shall will be entitled, without prejudice to any of its other rights conferred on it by this Agreement, and in addition to any other remedies available to it by law or in equity, to terminate this Agreement; provided, however, that such right to terminate shall will be stayed in the event that, during such sixty ninety (6090) day period, the Party alleged to have been in default shall will have initiated dispute resolution in accordance with Section 14.10 11.12 with respect to the alleged default, which stay shall will last so long as the initiating Party diligently and in good faith cooperates in the prompt resolution of such dispute resolution proceedings.

Appears in 1 contract

Samples: Collaborative Research and License Agreement (Signal Pharmaceuticals Inc)

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