Common use of Breach and Cure Clause in Contracts

Breach and Cure. a. In addition to applicable legal standards, Company shall be deemed to be in material breach of this Agreement for: (i) failure to pay fully and promptly amounts due pursuant to Section 4 (including without limitation, the minimum royalties under subsection b(ii)(B) thereof and any payments required under subsection h thereof) and payable pursuant to Section 5; (ii) failure of Company to meet any of its obligations under Section 6 of this Agreement; (iii) failure to comply with governmental requests directed to Columbia or Company pursuant to Section 10b; (iv) failure to reimburse Columbia for or pay fully and promptly the costs of prosecuting and maintaining Patents pursuant to Section 11; (v) failure to obtain and maintain insurance in the amount and of the type provided for in Section 12; and (vi) failure to comply with the Export Laws under Section 14. b. Either party shall have the right to cure its material breach. The cure shall be effected within a reasonable period of time but in no event later than sixty (60) days after notice of any breach given by the non-breaching party.

Appears in 2 contracts

Samples: Exclusive License Agreement (Belite Bio, Inc), Exclusive License Agreement (Belite Bio, Inc)

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Breach and Cure. a. In addition to applicable legal standards, Company shall could, depending on the facts and circumstances applicable at the time, be deemed to be in material breach of this Agreement for: (i) failure to pay fully and promptly amounts due pursuant to Section 4 (including without limitation, the minimum royalties under subsection b(ii)(Bb(iii)(B) thereof and any payments required under subsection h thereof) and payable pursuant to Section 5; (ii) failure of Company to meet any of its obligations under Section 6 of this Agreement; (iii) failure to comply with governmental requests directed to Columbia AzTE or Company pursuant to Section 10b10(b); (iv) failure to reimburse Columbia AzTE for or pay fully and promptly the costs of prosecuting and maintaining Patents pursuant to Section 11; (v) failure to obtain and maintain insurance in the amount and of the type provided for in Section 12; and (vi) failure to comply with the Export Laws under Section 14. b. Either party shall have the right to cure its material breach, but only if the material breach can be cured. The cure shall be effected within a reasonable period of time but in no event later than sixty (60) days [***] after notice of any breach given by the non-breaching party.

Appears in 2 contracts

Samples: Exclusive License Agreement (Finch Therapeutics Group, Inc.), Exclusive License Agreement (Finch Therapeutics Group, Inc.)

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Breach and Cure. a. In addition to applicable legal standards, Company shall be deemed to be in material breach of this Agreement for: (i) failure to pay fully and promptly amounts due pursuant to Section 4 (including without limitation, the minimum royalties under subsection b(ii)(Bb(iii)(B) thereof and any payments required under subsection h thereof) and payable pursuant to Section 5; (ii) failure of Company to meet any of its obligations under Section 6 of this Agreement; (iii) failure to comply with governmental requests directed to Columbia or Company pursuant to Section 10b; (iv) failure to reimburse Columbia for or pay fully and promptly the costs of prosecuting and maintaining Patents pursuant to Section 11; (v) failure to obtain and maintain insurance in the amount and of the type provided for in Section 12; and (vi) failure to comply with the Export Laws under Section 14. b. Either party shall have the right to cure its material breach. The cure shall be effected within a reasonable period of time but in no event later than sixty thirty (6030) days after notice of any breach given by the non-breaching party.

Appears in 1 contract

Samples: Exclusive License Agreement

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