By Either Party for Cause Sample Clauses

By Either Party for Cause. Either Party may terminate this Agreement at any time if the other Party has committed any material breach of this Agreement (including, without limitation, failure by Licensee to pay Planet any amounts due under this Agreement) and has failed to cure such breach within thirty (30) days (or ten [10] days for non-payment) after receiving written notice of the breach from the other Party (the “Cure Period”).
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By Either Party for Cause. Termination of this Agreement by either party under Section 9.3 shall (i) not relieve either party of the performance of any obligations incurred or payments due prior to the date of breach, and (ii) be without prejudice to any remedy that any party may have in addition to those rights as provided under this Agreement.
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By Either Party for Cause. During the term of this Agreement, whether during the initial term or any renewal term, Company and District shall each have the right to terminate this Agreement if there has been a material breach of the provisions hereunder by the other party, provided such breach is not corrected within thirty (30) days after written notice of the breach is delivered to the other party. If such breach is not corrected within thirty (30) days of such written notice, then such party may terminate this Agreement upon an additional thirty (30) days’ written notice to the other party.
Sample 1
By Either Party for Cause. Either Party may terminate this Agreement for cause upon written notice to the other Party if the other Party materially breaches any of its obligations, representations or warranties under this Agreement, and such breach is not cured within thirty (30) Days of the other Party's receipt of written notice of such breach and the steps to be taken, if any, to cure the breach. Notwithstanding the foregoing, either Party may terminate this Agreement immediately upon written notice to the other Party if the other Party (1) files a petition in bankruptcy; (2) is the object of an involuntary petition for bankruptcy that is not dismissed within forty-five (45) Days of filing; or (3) is declared insolvent, or otherwise seeks protection from its obligations to its creditors.
Sample 1
By Either Party for Cause. Either Party may terminate this Agreement if the other Party breaches any material provision of this Agreement and does not cure such breach within 60 days after being provided with written notice thereof, or, in the event that such breach is not reasonably capable of cure with 60 days, does not provide the other Party with a written Action Plan for curing such breach, including a reasonable deadline for curing such breach, and take reasonable steps to implement such Action Plan within such reasonable deadline.
Sample 1
By Either Party for Cause. If either Party terminates the Agreement pursuant to Section 12.3 after Microsoft's acceptance of the Phase 2 Deliverables, the cross-licensing provisions of Sections 4.3.2 and 4.4.2 shall terminate. In addition to the Sections set forth in Section 12.7 below, Sections 2, 3, 4.1, 4.2, 4.3.1, 4.4.1 and 6.6 shall survive termination.
Sample 1

Related to By Either Party for Cause

  • Termination by Company for Cause Subject to Section 3.2, the Company may terminate Employee’s employment and all of the Company’s obligations under this Agreement at any time “For Cause” (as defined below) by giving notice to Employee stating the basis for such termination, effective immediately upon giving such notice or at such other time thereafter as the Company may designate. “For Cause” shall mean any of the following: (i) Employee’s willful and continued failure to substantially perform the reasonably assigned duties with the Company which are consistent with Employee’s position and job description referred to in this Agreement, other than any such failure resulting from incapacity due to physical or mental illness, after a written notice is delivered to Employee by the Board of Directors of the Company which specifically identifies the manner in which Employee has not substantially performed the assigned duties and allowing Employee thirty (30) days after receipt by Employee of such notice to cure such failure to perform, (ii) material breach of this or any other written agreement between Employee and the Company which is not cured within thirty (30) days after receipt by the Employee from the Company of written notice of such breach, (iii) any material violation of any written policy of the Company which is not cured within thirty (30) days after receipt by Employee from the Company of written notice of such violation, (iv) Employee’s willful misconduct which is materially and demonstrably injurious to the Company, (v) Employee’s conviction by a court of competent jurisdiction of, or his pleading guilty or nolo contendere to, any felony, or (vi) Employee’s commission of an act of fraud, embezzlement, or misappropriation against the Company or any breach of fiduciary duty or breach of the duty of loyalty, including, but not limited to, the offer, payment, solicitation or acceptance of any unlawful bribe or kickback with respect to the Company’s business. For purposes of this paragraph, no act, or failure to act, on Employee’s part shall be considered “willful” unless done, or omitted to be done, in knowing bad faith and without reasonable belief that the action or omission was in, or not opposed to, the best interests of the Company. Any act, or failure to act, expressly authorized by a resolution duly adopted by the Board of Directors or based upon the written advice of counsel for the Company shall be conclusively presumed to be done, or omitted to be done, in good faith and in the best interests of the Company. Notwithstanding the foregoing, Employee shall not be deemed to have been terminated For Cause unless and until there shall have been delivered to Employee a copy of a resolution, duly adopted by the Board of Directors at a meeting of the Board called and held for such purpose (after reasonable notice to Employee and an opportunity for Employee, together with Employee’s counsel, to be heard before the Board), finding that in the good faith opinion of the Board of Directors Employee committed the conduct set forth above in (i), (ii), (iii), (iv), (v) or (vi) of this Section and specifying the particulars thereof in detail.

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