By Purchaser Upon Failure of Seller’s Representations, Warranties, Covenants or Agreements Sample Clauses

By Purchaser Upon Failure of Seller’s Representations, Warranties, Covenants or Agreements. By Purchaser if at any time the representations and warranties of Seller contained in this Agreement shall fail to be true and correct in all material respects (or, if such representation or warranty contains a materiality or Material Adverse Effect qualification, in all respects) or Seller shall at any time have failed to perform and comply in all material respects with all covenants and agreements of Seller contained in this Agreement requiring performance or compliance prior to such time, and in either case, such failure (i) shall be such that, if not cured, the conditions set forth in Section 9.2(a) or Section 9.2(b) would not be fulfilled and (ii) if capable of cure, shall not have been cured within 10 Business Days of the receipt of written notice thereof by Seller from Purchaser.
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