We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

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 breach of a material term of this Agreement (other than a material breach described in clause (ii) below or in Section 11.4.2) if the breaching party fails to remedy such breach within *** days after written notice thereof by the nonbreaching party, or (ii) the bankruptcy, insolvency, dissolution or sale of all or substantially all of the assets of a party 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 a material term of this Agreement (other than a material breach an Event of Default described in clause (ii) below or in Section 11.4.29.3.2) if the breaching party fails to remedy such breach within *** thirty (30) days after written notice thereof by the nonbreaching party, non-breaching party or (ii) the bankruptcy, insolvency, dissolution or sale of all or substantially all of the assets winding up of a party that are necessary for the performance of this Agreementparry.

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 a material term of this Agreement (other than a material breach described in clause (ii) below hereof or in Section 11.4.211.2.2 below) if the breaching party fails to remedy such breach within *** ninety (90) days after written notice thereof by the nonbreaching non-breaching party, or (ii) the bankruptcy, insolvency, dissolution or sale of all or substantially all of the assets winding up of a party that are necessary for the performance of this Agreementparty.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Genome Therapeutics Corp), 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 term of this Agreement (other than a material breach described in clause (ii) below hereof or in Section 11.4.210.3(b)) if the breaching party fails to remedy such breach within *** ninety (90) days after written notice thereof by the nonbreaching party, non-breaching party or (ii) the bankruptcy, insolvency, dissolution or sale of all or substantially all of the assets winding up of a party that are necessary for the performance of this Agreementparty.

Appears in 1 contract

Samples: Research Collaboration and License Agreement (Arqule Inc)

DEFAULT BY EITHER PARTY. An Event of Default shall have occurred upon (i) the occurrence of a breach of a material term of this Agreement (other than a material breach described in clause (ii) below hereof or in Section 11.4.211.2.2 below) if the breaching party fails to remedy such breach within *** ninety (90) days after written notice thereof by the nonbreaching non-breaching party, or (ii) the bankruptcy, insolvency, dissolution or sale of all or substantially all of the assets winding up of a party that are necessary for the performance of this Agreementparty.

Appears in 1 contract

Samples: 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 a material term of this Agreement (other than a material breach an Event of Default described in clause (ii) below or in Section 11.4.29.3.2) if the breaching party Party fails to remedy such breach within *** thirty (30) days after written notice thereof by the nonbreaching party, non-breaching Party (or if such breach cannot be cured within such thirty (30) day period the breaching party does not commence action to cure such breach and continue thereafter to diligently continue such actions) or (ii) the bankruptcy, insolvency, dissolution or sale of all or substantially all of the assets winding up of a party that are necessary for the performance of this AgreementParty.

Appears in 1 contract

Samples: Strength Research License 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 breach of a material term of this Agreement (other than a material breach described in clause (ii) below or in Section 11.4.2) if the breaching party fails to remedy such breach within *** ninety (90) days after written notice thereof by the nonbreaching party, non-breaching party or (ii) the bankruptcy, insolvency, dissolution or sale of all or substantially all of the assets winding up of a party that are necessary for the performance of this Agreementparty.

Appears in 1 contract

Samples: Commercialisation Agreement (Arqule Inc)

DEFAULT BY EITHER PARTY. An Event of Default shall have occurred upon (i) the occurrence of a material breach of a material term of this Agreement (other than a material breach an Event of Default described in clause (ii) below or in Section 11.4.29.2.2) if the breaching party fails to remedy such breach within *** ninety (90) days after written notice thereof by the nonbreaching party, non-breaching party or (ii) the bankruptcy, insolvency, dissolution or sale of all or substantially all of the assets winding up of a party that are necessary for the performance of this Agreementparty.

Appears in 1 contract

Samples: Confidentiality Agreement (Genaissance Pharmaceuticals Inc)