Uncured Material Breach. If a material breach is declared and not cured, one of the following will occur, as required by section 8(1) of Act 436:
Uncured Material Breach. If either Party (the “Non-Breaching Party”) believes that the other Party (the “Breaching Party”) is in material breach of any of its obligations under this Agreement, then the Non-Breaching Party may deliver written notice of such material breach to the Breaching Party specifying the nature of the breach (a “Default Notice”). The Breaching Party shall have [***] (or [***] in the event of a payment breach) from the receipt of the Default Notice to cure such breach or to dispute the allegation of breach; provided that, if such breach (other than a payment breach) is capable of being cured, but cannot be cured within such [***] period, and the Breaching Party initiates actions to cure such breach within such period and thereafter diligently pursues such actions, the Breaching Party shall have such additional period as is reasonable to cure such breach, but in no event will such additional period exceed [***]. If the Breaching Party fails to cure, and fails to dispute, such breach within the applicable cure period, then the Non-Breaching Party may pursue any or all available remedies at law or equity but may not terminate this Agreement; provided, that, if such material breach materially diminishes, or materially frustrates, the value of this Agreement taken as a whole to the Non-Breaching Party, then the Non-Breaching Party shall have the right to terminate this Agreement (1) if such material breach and failure to cure is solely with respect to a particular country or countries, such right to terminate this Agreement shall be solely with respect to such country or countries, as applicable, or (2) if such material breach and failure to cure is not solely with respect to a particular country or countries, such right to terminate this Agreement shall be with respect to this Agreement in its entirety. The Non-Breaching Party may effectuate such termination by giving the Breaching Party written notice of termination, which termination shall be effective Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. immediately upon the Breaching Party’s receipt of such notice of termination. If the Breaching Party disputes in good faith the existence or materiality of a breach specified in a Default Notice or disputes any allegation th...
Uncured Material Breach. (a) If either Party believes that the other is in material breach of this Agreement, then the non-breaching Party may deliver notice of such breach to the other Party. In such notice the non-breaching Party shall identify the actions or conduct that it wishes such Party to take for an acceptable and prompt cure of such breach; provided, that such identified actions shall not bind the other Party with respect to the actions that it may need to take to cure such breach. The allegedly breaching Party shall have sixty (60) days to either cure such breach or, if cure cannot be reasonably effected within such sixty (60) day period, to deliver to the other Party, as soon as practicable during the sixty (60) day cure period, a plan for curing such breach which is reasonably sufficient to effect a cure within ninety (90) days of the date of the initial notice of breach. Following delivery of such plan, the breaching Party shall use Diligent Efforts to carry out the plan and cure the breach within such ninety (90) day period.
Uncured Material Breach. Either party may terminate this ----------------------- Agreement upon written notice for any material breach of this Agreement which the other party fails to cure within thirty (30) days following written notice of such breach by the non-breaching party.
Uncured Material Breach. Except as otherwise provided herein, upon material breach of any of the terms or conditions of this Agreement by the other party, if such breach has not been cured within sixty (60) days of the non-breaching party giving written notice thereof to the breaching party. Any such termination shall become effective upon the end of such period unless the breaching party (or any other party on its behalf) has cured such breach or default prior to the end of the sixty (60) day period; provided, however, if either party receives notification from the other party of a material breach and the party alleged to be in breach notifies the other party that it disputes such alleged breach, then the matter shall be submitted to arbitration pursuant to Section 14.11 below. In such event, no termination shall become effective unless the arbitrators have determined that a material breach has occurred and the breaching party fails to cure such breach within the period for such cure specified by the arbitrators.
Uncured Material Breach. In addition to any other remedies that may be available to the non-breaching Party at law or equity, if a Party materially breaches this Agreement, and the breaching Party has not cured such breach within [***] ([***]) days of written notice of such material breach from the non-breaching Party, then the non-breaching Party may terminate this Agreement by delivering a second written notice promptly after expiration of such [***] ([***]) day period. In the event of Cytokinetics' uncured material breach, at the end of such [***] ([***]) day period, Portola shall have the immediate right of re-entry and may remove all persons and property from the Licensed Premises. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Uncured Material Breach. If either Party (the “Non-Breaching Party”) believes that the other Party (the “Breaching Party”) is in material breach of any of its obligations under this Agreement or under the Pharmacovigilance Agreement, then the Non-Breaching Party may deliver written notice of such material breach to the Breaching Party specifying the nature of the breach (a “Default Notice”). The Breaching Party shall have ninety (90) days (or thirty (30) days in the event of a payment breach) from the receipt of the Default Notice to cure such breach. If the Breaching Party fails to cure such breach within such ninety (90)-day period (or thirty (30) day period in the event of a payment breach by Vinbiocare), then the Non-Breaching Party may terminate this Agreement by giving the Breaching Party written notice of termination, which termination shall be effective immediately upon the Breaching Party’s receipt of such notice of termination.
Uncured Material Breach. (i) Abboxx xxx terminate this Agreement for cause upon an uncured material breach of a warranty or representation by i-STAT of this Agreement as set forth in Sections 12.1 and 12.3; or
Uncured Material Breach. In addition to any other remedies that may be available to the non-breaching Party at law or equity, if a Party materially breaches this Agreement, and the breaching Party has not cured such breach within thirty (30) days of written notice of such material breach from the non-breaching Party, then the non-breaching Party may terminate this Agreement by delivering a second written notice promptly after expiration of such thirty (30) day period. In the event of Cytokinetics' uncured material breach, at the end of such thirty (30) day period, Portola shall have the immediate right of re-entry and may remove all persons and property from the Licensed Premises. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Uncured Material Breach
