Common use of Breach by CIMA Clause in Contracts

Breach by CIMA. By Cephalon, if there has occurred and is continuing a breach by CIMA of any representation, warranty, covenant or agreement contained in this Agreement, after giving effect to the standard set forth in Section 5.02, that (x) would result in a failure of a condition set forth in Section 7.03 (a) or (b) and (y) cannot be cured prior to the Termination Date, provided that Cephalon shall have given CIMA written notice, delivered at least 30 days prior to such termination, stating Cephalon's intention to terminate this Agreement pursuant to this Section 8.01(c), absent a cure, and the basis for such termination;

Breach by CIMA. By CephalonaaiPharma, if there has occurred and is continuing a breach by CIMA of any representation, warranty, covenant or agreement contained in this Agreement, after giving effect to the standard set forth in Section 5.02, that (x) would result in a failure of a condition set forth in Section 7.03 (a) or (b) and (y) cannot be cured prior to the Termination Date, provided that Cephalon aaiPharma shall have given CIMA written notice, delivered at least 30 days prior to such termination, stating CephalonaaiPharma's intention to terminate this Agreement pursuant to this Section 8.01(c), absent a cure, and the basis for such termination;