Common use of BY BREACH Clause in Contracts

BY BREACH. In the event either party shall materially breach any of the terms, conditions and agreements contained in this Agreement to be kept, observed and performed by it, then the other party may terminate this Agreement, at its option and without prejudice to any of its other legal and equitable rights and remedies, by giving the party who committed the breach thirty (30) days notice in writing, particularly specifying the breach, unless the notified party within such thirty (30) days period shall have rectified the breach.

Appears in 2 contracts

Samples: Collaboration Agreement (Rosetta Inpharmatics Inc), Pilot Project Collaboration Agreement (Rosetta Inpharmatics Inc)

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BY BREACH. In the event either party shall materially breach any of the terms, conditions and agreements contained in this Agreement to be kept, observed and performed by it, then the other party may terminate this Agreement, at its option and without prejudice to any of its other legal and equitable rights and remedies, by giving the party who committed the breach thirty sixty (3060) days notice in writing, particularly specifying the breach, unless the notified party within such thirty sixty (3060) days period shall have rectified the breach.

Appears in 2 contracts

Samples: Collaboration Agreement (Rosetta Inpharmatics Inc), Collaboration Agreement (Rosetta Inpharmatics Inc)

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