Common use of Termination Upon Default Clause in Contracts

Termination Upon Default. Except as specified in Section 7.4, the failure of a party to perform any obligation required of it to be performed hereunder and the failure to cure within sixty (60) days (or, in the case of any failure by Sponsor to make any payment hereunder when due, within thirty (30) days) after receipt of notice from the other party specifying in reasonable detail the nature of such default, shall constitute an event of default hereunder. Upon the occurrence of an event of default which is not cured within the applicable notice period, the non-defaulting party may deliver to the defaulting party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting party serving such notice against the defaulting party. Termination pursuant to this Section 7.3 shall not relieve the defaulting party of liability and damages to the non-defaulting party for breach of this Agreement. Waiver by any party of a single default or a succession of defaults shall not deprive such party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 3 contracts

Samples: Funding and Option Agreement, Research Funding and Option Agreement (Synthorx, Inc.), Research Funding and Option Agreement (Synthorx, Inc.)

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Termination Upon Default. Except as specified in Section 7.4, Any one or more of the following events shall constitute an event of default hereunder: (i) the failure of a party Party to pay any amounts when due hereunder or (ii) the failure of a Party to perform any material obligation required of it to be performed hereunder hereunder, and the failure to cure within sixty (60) days (or, in the case of any failure by Sponsor to make any payment hereunder when due, within thirty (30) days) after receipt of notice from the other party Party specifying in reasonable detail the nature of such default, shall constitute an event of default hereunder. Upon the occurrence of an event of default which is not cured within the applicable notice perioddefault, the non-defaulting party Party may deliver to the defaulting party Party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting party Party serving such notice against the defaulting partyParty. Termination pursuant to this Section 7.3 12.2 shall not relieve the defaulting party Party of liability and damages to the non-defaulting party Party for breach of this Agreement. Waiver by any party Party of a single default or a succession of defaults shall not deprive such party Party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 3 contracts

Samples: Collaborative License Agreement (Ambrx Biopharma Inc.), Collaborative License Agreement (Ambrx Biopharma Inc.), Collaborative License Agreement (Ambrx Inc)

Termination Upon Default. Except as specified in Section 7.4, Any one or more of the following events shall constitute an event of default hereunder: (i) the failure of a party to pay any amounts when due hereunder and the expiration of thirty (30) days after receipt of a written notice requesting the payment of such amount; (ii) the failure of a party to perform any obligation required of it to be performed hereunder hereunder, and the failure to cure within sixty (60) days (or, in the case of any failure by Sponsor to make any payment hereunder when due, within thirty (30) days) after receipt of notice from the other party specifying in reasonable detail the nature of such default, shall constitute an event of default hereunder. Upon the occurrence of an any event of default which is not cured within the applicable notice perioddefault, the non-defaulting party may deliver to the defaulting party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting party serving such notice against the defaulting party. Termination pursuant to this Section 7.3 8.2 shall not relieve the defaulting party of from liability and damages to the non-defaulting other party for breach of this Agreement. Waiver by any either party of a single default or a succession of defaults shall not deprive such party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 3 contracts

Samples: License Agreement (Optimer Pharmaceuticals Inc), License Agreement (Optimer Pharmaceuticals Inc), License Agreement (Optimer Pharmaceuticals Inc)

Termination Upon Default. Except as specified in Section 7.4, Any one or more of the following events shall constitute an event of default hereunder: (i) the failure of a party Party to pay any amounts when due hereunder and the expiration of thirty (30) days after receipt of a written notice requesting the payment of such amount; (ii) the failure of a Party to perform any obligation required of it to be performed hereunder hereunder, and the failure to cure within sixty (60) days (or, in the case of any failure by Sponsor to make any payment hereunder when due, within thirty (30) days) after receipt of notice from the other party specifying in reasonable detail the nature of such default, shall constitute an event of default hereunder. Upon the occurrence of an any event of default which is not cured within the applicable notice perioddefault, the non-defaulting party may Party shall deliver to the defaulting party Party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting party serving such notice against the defaulting partyParty. Termination pursuant to this Section 7.3 10.2 shall not relieve the defaulting party of Party from liability and damages to the non-defaulting party other Party for breach of this Agreement. Waiver by any either party of a single default or a succession of defaults shall not deprive such party Party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 2 contracts

Samples: License Agreement (Cancervax Corp), License Agreement (Cancervax Corp)

Termination Upon Default. Except as specified in Section 7.4, Any one or more of the following events shall constitute an event of default hereunder: (i) the failure of a party to pay any amounts when due hereunder and the expiration of thirty (30) days after receipt of a written notice requesting the payment of such amount; (ii) the failure of a party to perform any obligation required of it to be performed hereunder hereunder, and the failure to cure within sixty (60) days (or, in the case of any failure by Sponsor to make any payment hereunder when due, within thirty (30) days) after receipt of notice from the other party specifying in reasonable detail the nature of such default, shall constitute an event of default hereunder. Upon the occurrence of an any event of default which is not cured within the applicable notice perioddefault, the non-defaulting party may shall deliver to the defaulting party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting party serving such notice against the defaulting party. Termination pursuant to this Section 7.3 8.2 shall not relieve the defaulting party of from liability and damages to the non-defaulting other party for breach of this Agreement. Waiver by any either party of a single default or a succession of defaults shall not deprive such party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 2 contracts

Samples: License Agreement (Cancervax Corp), License Agreement (Cancervax Corp)

Termination Upon Default. Except as specified in Section 7.4, Any one or more of the following events shall constitute an event of default hereunder: (i) the failure of a party to pay any amounts when due hereunder and the expiration of thirty (30) days after receipt of a written notice requesting the payment of such amount; and (ii) the failure of a party to perform any obligation required of it to be performed hereunder hereunder, and the failure to cure within sixty (60) days (or, in the case of any failure by Sponsor to make any payment hereunder when due, within thirty (30) days) after receipt of notice from the other party specifying in reasonable detail the nature of such default, shall constitute an event of default hereunder. Upon the occurrence of an any event of default which is not cured within the applicable notice perioddefault, the non-non defaulting party may shall deliver to the defaulting party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting party serving such notice against the no defaulting party. Termination pursuant to this Section 7.3 8.2 shall not relieve the defaulting party of from liability and damages to the non-defaulting other party for breach of this Agreement. Waiver by any either party of a single default or a succession of defaults shall not deprive such party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 2 contracts

Samples: License Agreement, License Agreement (Alphatec Holdings, Inc.)

Termination Upon Default. Except as specified in Section 7.4, the failure of a party to perform any obligation required of it to be performed hereunder and the failure to cure within sixty (60) days (or, in the case of any failure by Sponsor to make any payment hereunder when due, within thirty (30) days) after receipt of notice from the other party specifying in reasonable detail the nature of such default, shall constitute an event of default hereunder. Upon the occurrence of an event of default which that is not cured within the applicable notice period, the non-defaulting party may deliver to the defaulting party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting party serving such notice against the defaulting party. Termination pursuant to this Section 7.3 shall not relieve the defaulting party of liability and damages to the non-defaulting party for breach of this Agreement. Waiver by any party of a single default or a succession of defaults shall not deprive such party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 2 contracts

Samples: Funding and Option Agreement (Vividion Therapeutics, Inc.), Funding and Option Agreement (Vividion Therapeutics, Inc.)

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Termination Upon Default. Except as specified in Section 7.4, Any one or more of the following events shall constitute an event of default hereunder: (i) the failure of a party to pay any amounts when due hereunder and the expiration of thirty (30) days after notice of this default; and (ii) the failure of a party to perform any obligation required of it to be performed hereunder hereunder, and the failure to cure within sixty (60) days (or, in the case of any failure by Sponsor to make any payment hereunder when due, within thirty (30) days) after receipt of notice from the other party specifying in reasonable detail the nature of such default, shall constitute an event of default hereunder. Upon the occurrence of an event of default which is not cured within the applicable notice perioddefault, the non-defaulting party may deliver to the defaulting party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. *** Confidential portions of this document have been redacted and filed separately with the Commission. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting party serving such notice against the defaulting party. Termination pursuant to this Section 7.3 shall not relieve the defaulting party of liability and damages to the non-defaulting party for breach of this Agreement. Waiver by any party of a single default or a succession of defaults shall not deprive such party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 1 contract

Samples: Research Funding and Option Agreement (Microislet Inc)

Termination Upon Default. Except as specified in Section 7.47.5, the failure of a party to perform any obligation required of it to be performed hereunder hereunder, including payment obligations under Section 2.4(a), and the failure to cure within sixty (60) days (or, in the case of any failure by Sponsor to make any payment hereunder when due, within thirty (30) days) after receipt of notice from the other party specifying in reasonable detail the nature of such default, shall constitute an event of default hereunder. For clarity, TSRI shall not be obligated to perform any of the research specified herein or to take any other action required under this Agreement if the funding is not provided as set forth in Exhibit B. Upon the occurrence of an event of default which is not cured within the applicable notice perioddefault, the non-defaulting party may deliver to the defaulting party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting party serving such notice against the defaulting party. Termination pursuant to this Section 7.3 7.4 shall not relieve the defaulting party of liability and damages to the non-defaulting party for breach of this Agreement. Waiver by any party of a single default or a succession of defaults shall not deprive such party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 1 contract

Samples: Research Funding Agreement (ChromaDex Corp.)

Termination Upon Default. Except as otherwise specified in Section 7.4herein, the failure of a party to perform any obligation required of it to be performed hereunder and the failure to cure within sixty (60) days (or, in the case of any failure by Sponsor to make any payment hereunder when due, within thirty (30) days) after receipt of notice from the other party specifying in reasonable detail the nature of such default, shall constitute an event of default hereunder. Upon the occurrence of an event of default which is not cured within the applicable notice perioddefault, the non-defaulting party may deliver to the defaulting party written notice of intent to terminate, such termination to be effective upon the date set forth in such notice. Such termination rights shall be in addition to and not in substitution for any other remedies that may be available to the non-defaulting party serving such notice against the defaulting party. Termination pursuant to this Section 7.3 7.4 shall not relieve the defaulting party of liability and damages to the non-defaulting party for breach of this Agreement. Waiver by any party of a single default or a succession of defaults shall not deprive such party of any right to terminate this Agreement arising by reason of any subsequent default.

Appears in 1 contract

Samples: Funding and Option Agreement (Neorx Corp)

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