Common use of Default by Either Party Clause in Contracts

Default by Either Party. An Event of Default shall have occurred upon (i) the occurrence of a material breach of this Agreement (other than an Event of Default described in Section 9.3.2) if the breaching party fails to remedy such breach within thirty (30) days after written notice thereof by the non-breaching party or (ii) the bankruptcy, insolvency, dissolution or winding up of a parry.

Appears in 2 contracts

Samples: Trial License Agreement (Genaissance Pharmaceuticals Inc), Trial License Agreement (Genaissance Pharmaceuticals Inc)

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Default by Either Party. An Event of Default shall have occurred upon (i) the occurrence of a breach of a material breach term of this Agreement (other than an Event of Default a material breach described in clause (ii) below or in Section 9.3.211.4.2) if the breaching party fails to remedy such breach within thirty (30) *** days after written notice thereof by the non-breaching party nonbreaching party, or (ii) the bankruptcy, insolvency, dissolution or winding up sale of all or substantially all of the assets of a parryparty that are necessary for the performance of this Agreement.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Genome Therapeutics Corp), Collaboration and License Agreement (Genome Therapeutics Corp)

Default by Either Party. An Event of Default shall have occurred upon (i) the occurrence of a material breach of this Agreement (other than an Event of Default a material breach described in clause (ii) hereof or in Section 9.3.211.2.2 below) if the breaching party fails to remedy such breach within thirty ninety (3090) days after written notice thereof by the non-breaching party party, or (ii) the bankruptcy, insolvency, dissolution or winding up of a parryparty.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Genome Therapeutics Corp), Collaboration and License Agreement (Genome Therapeutics Corp)

Default by Either Party. An Event of Default shall have occurred upon (i) the occurrence of a breach of a material breach term of this Agreement (other than an Event of Default a material breach described in clause (ii) hereof or in Section 9.3.211.2.2 below) if the breaching party fails to remedy such breach within thirty ninety (3090) days after written notice thereof by the non-breaching party party, or (ii) the bankruptcy, insolvency, dissolution or winding up of a parryparty.

Appears in 1 contract

Samples: Collaboration and License Agreement (Genome Therapeutics Corp)

Default by Either Party. An Subject to Section 10.3(b), an Event of Default by either party shall have occurred upon (i) the occurrence of a breach of a material breach term of this Agreement (other than an Event of Default a material breach described in clause (ii) hereof or in Section 9.3.210.3(b)) if the breaching party fails to remedy such breach within thirty ninety (3090) days after written notice thereof by the non-breaching party or (ii) the bankruptcy, insolvency, dissolution or winding up of a parryparty.

Appears in 1 contract

Samples: Research Collaboration and License Agreement (Arqule Inc)

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Default by Either Party. An Event of Default by either party shall have occurred upon upon; (i) the occurrence of a material breach of a material term of this Agreement (other than an Event of Default described in Section 9.3.2) if the breaching party fails to remedy such breach within thirty ninety (3090) days after written notice thereof by the non-breaching party or (ii) the bankruptcy, insolvency, dissolution or winding up of a parryparty.

Appears in 1 contract

Samples: Commercialisation Agreement (Arqule Inc)

Default by Either Party. An Event of Default shall have occurred upon (i) the occurrence of a material breach of this Agreement (other than an Event of Default described in Section 9.3.29.2.2) if the breaching party fails to remedy such breach within thirty ninety (3090) days after written notice thereof by the non-breaching party or (ii) the bankruptcy, insolvency, dissolution or winding up of a parryparty.

Appears in 1 contract

Samples: Agreement (Genaissance Pharmaceuticals Inc)

Default by Either Party. An Subject to Section 7.2.2., an Event of Default by either party shall have occurred upon (i) the occurrence of a breach of a material breach term of this Agreement (other than an Event of Default a material breach described in clause (ii) hereof or in Section 9.3.27.2.2.) if the breaching party fails to remedy such breach within thirty ninety (3090) days after written notice thereof by the non-breaching party or (ii) the bankruptcy, insolvency, dissolution or winding up of a parryparty.

Appears in 1 contract

Samples: Technology Transfer and License Agreement (Arqule Inc)

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