Common use of Default by Either Party Clause in Contracts

Default by Either Party. An Event of Default shall have occurred upon (i) the occurrence of a material breach (other than a material breach described in clause (ii) hereof or in Section 11.2.2 below) if breaching party fails to remedy such breach within ninety (90) days after written notice thereof by the non-breaching party, or (ii) the bankruptcy, insolvency, dissolution or winding up of a party.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Genome Therapeutics Corp), Collaboration and License Agreement (Genome Therapeutics Corp)

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Default by Either Party. An Event of Default shall have occurred upon (i) the occurrence of a breach of a material breach term of this Agreement (other than a material breach described in clause (ii) hereof below or in Section 11.2.2 below11.4.2) if the breaching party fails to remedy such breach within ninety (90) *** days after written notice thereof by the non-breaching nonbreaching party, or (ii) the bankruptcy, insolvency, dissolution or winding up sale of all or substantially all of the assets of a partyparty that are necessary for the performance of this Agreement.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Genome Therapeutics Corp), Collaboration and License Agreement (Genome Therapeutics Corp)

Default by Either Party. An Event of Default shall have occurred upon (i) the occurrence of a material breach of this Agreement (other than a material breach an Event of Default described in clause (ii) hereof or in Section 11.2.2 below9.3.2) if the breaching party fails to remedy such breach within ninety thirty (9030) days after written notice thereof by the non-breaching party, party or (ii) the bankruptcy, insolvency, dissolution or winding up of a partyparry.

Appears in 2 contracts

Samples: License Agreement (Genaissance Pharmaceuticals Inc), License Agreement (Genaissance Pharmaceuticals Inc)

Default by Either Party. An Event of Default shall have occurred upon (i) the occurrence of a material breach of this Agreement (other than a material breach an Event of Default described in clause (ii) hereof or in Section 11.2.2 below9.2.2) if the breaching party fails to remedy such breach within ninety (90) days after written notice thereof by the non-breaching party, party or (ii) the bankruptcy, insolvency, dissolution or winding up of a party.

Appears in 1 contract

Samples: Confidentiality Agreement (Genaissance Pharmaceuticals Inc)

Default by Either Party. An Event of Default by either party shall have occurred upon upon; (i) the occurrence of a material breach (other than of a material breach described in clause (ii) hereof or in Section 11.2.2 below) term of this if the breaching party fails to remedy such breach within ninety (90) days after written notice thereof by the non-breaching party, party or (ii) the bankruptcy, insolvency, dissolution or winding up of a party.

Appears in 1 contract

Samples: Commercialisation Agreement (Arqule Inc)

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Default by Either Party. An Event of Default shall have occurred upon (i) the occurrence of a breach of a material breach term of this Agreement (other than a material breach described in clause (ii) hereof or in Section 11.2.2 below) if the breaching party fails to remedy such breach within ninety (90) days after written notice thereof by the non-breaching party, or (ii) the bankruptcy, insolvency, dissolution or winding up of a party.

Appears in 1 contract

Samples: Collaboration and License Agreement (Genome Therapeutics Corp)

Default by Either Party. An Subject to Section 10.3(b), an Event of Default by either party shall have occurred upon (i) the occurrence of a breach of a material breach term of this Agreement (other than a material breach described in clause (ii) hereof or in Section 11.2.2 below10.3(b)) if the breaching party fails to remedy such breach within ninety (90) days after written notice thereof by the non-breaching party, party or (ii) the bankruptcy, insolvency, dissolution or winding up of a party.

Appears in 1 contract

Samples: Research Collaboration and License Agreement (Arqule Inc)

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