Common use of Dispute or Breach Clause in Contracts

Dispute or Breach. 18.1 All disputes concerning the interpretation or application of this AGREEMENT shall be discussed mutually between the PARTIES. Any disputes that are not disposed of by mutual agreement shall be decided by the NASA Lead Counsel for the Intellectual Property Law Group, or designee, who shall reduce the decision to writing and mail or otherwise deliver a copy thereof to LICENSEE. LICENSEE may respond to such notice of a decision in accordance with the procedures set forth in Section 19.8. 18.2 In the event of a BREACH of any provision of this AGREEMENT, the NONBREACHING PARTY shall give the BREACHING PARTY notice describing the BREACH and stating that the BREACHING PARTY has thirty (30) days after notice of the BREACH to cure the BREACH or show cause why the AGREEMENT should not be terminated. 18.3 If a provision of this AGREEMENT sets forth a cure period for the BREACH in question other than thirty (30) days, then that provision shall take precedence over the cure period set forth in Section 18.2. 18.4 No cure period is required, except as may be otherwise provided in this AGREEMENT, if: (a) this AGREEMENT sets forth specific deadline dates for the obligation allegedly breached; or (b) this AGREEMENT otherwise states that no cure period is required in connection with the termination in question. 18.5 The BREACHING PARTY will be deemed to have cured such BREACH if within the cure period it takes steps reasonably adequate to alleviate any damage to the NONBREACHING PARTY resulting from the BREACH and to prevent a similar future BREACH.

Appears in 2 contracts

Samples: License Agreement (Luna Innovations Inc), License Agreement (Luna Innovations Inc)

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Dispute or Breach. 18.1 17.1 All disputes concerning the interpretation or application of this AGREEMENT Agreement shall be discussed mutually between the PARTIES. Any disputes that which are not disposed of by mutual agreement Agreement shall be decided by the NASA Lead Associate General Counsel for the (Intellectual Property Law GroupProperty), or designee, who shall reduce the decision to writing and mail or otherwise deliver a copy thereof of such decision to LICENSEE. LICENSEE may respond shall have thirty (30) days after delivery of such copy of the decision to rebut such notice of a decision in accordance with the procedures set forth in Section 19.8Article 18.8. 18.2 17.2 In the event of a BREACH of any provision of this AGREEMENTAgreement, the NONBREACHING PARTY shall give the BREACHING PARTY notice describing the BREACH and stating that the BREACHING PARTY has thirty (30) days after delivery of the notice of the BREACH to cure the BREACH or show cause why the AGREEMENT Agreement should not be terminatedterminated in accordance with Article 18.8. 18.3 17.3 If a provision of this AGREEMENT Agreement sets forth a cure period for the BREACH in question other than thirty (30) days, then that provision shall take precedence over the cure period set forth in Section 18.2Article 17.2. 18.4 17.4 No cure period is required, except as may be otherwise provided in this AGREEMENTAgreement, if: (a) this AGREEMENT Agreement sets forth specific deadline dates for the obligation allegedly breached; or (b) this AGREEMENT Agreement otherwise states that no cure period is required in connection with the termination in question. 18.5 17.5 The BREACHING PARTY will be deemed to have cured such BREACH if within the cure period it takes steps reasonably adequate to alleviate any damage to the NONBREACHING PARTY resulting from the BREACH and to prevent a similar future BREACH.

Appears in 2 contracts

Samples: License Agreement (Luna Innovations Inc), License Agreement (Luna Innovations Inc)

Dispute or Breach. 18.1 17.1 All disputes concerning the interpretation or application of this AGREEMENT shall be discussed mutually between the PARTIES. Any disputes that are not disposed of by mutual agreement shall be decided by the NASA Lead Agency Counsel for the Intellectual Property Law GroupProperty, or designee, who shall reduce the decision to writing and mail or otherwise deliver a copy thereof to LICENSEE. LICENSEE may respond to such notice of a decision in accordance with the procedures set forth in Section 19.8.may 18.2 17.2 In the event of a BREACH of any provision of this AGREEMENT, the NONBREACHING PARTY shall give the BREACHING PARTY notice describing the BREACH and stating that the BREACHING PARTY has thirty (30) calendar days after notice of the BREACH to cure the BREACH or show cause why the AGREEMENT should not be terminated. 18.3 17.3 If a provision of this AGREEMENT sets forth a cure period for the BREACH in question other than thirty (30) calendar days, then that provision shall take precedence over the cure period set forth in Section 18.217.2. 18.4 17.4 No cure period is required, except as may be otherwise provided in this AGREEMENT, if: (a) this AGREEMENT sets forth specific deadline dates for the obligation allegedly breached; or (b) this AGREEMENT otherwise states that no cure period is required in connection with the termination in question. 18.5 17.5 The BREACHING PARTY will be deemed to have cured such BREACH if within the cure period it takes steps reasonably adequate to alleviate any damage to the NONBREACHING PARTY resulting from the BREACH and to prevent a similar future BREACH.

Appears in 1 contract

Samples: Non Exclusive License Agreement

Dispute or Breach. 18.1 17.1 All disputes concerning the interpretation or application of this AGREEMENT shall be discussed mutually between the PARTIES. Any disputes that are not disposed of by mutual agreement shall be decided by the NASA Lead Counsel for the Intellectual Property Law GroupProperty, or designee, who shall reduce the decision to writing and mail or otherwise deliver a copy thereof to LICENSEE. LICENSEE may respond to such notice of a decision in accordance with the procedures set forth in Section 19.818.8. 18.2 17.2 In the event of a BREACH of any provision of this AGREEMENT, the NONBREACHING PARTY shall give the BREACHING PARTY notice describing the BREACH and stating that the BREACHING PARTY has thirty (30) days after notice of the BREACH to cure the BREACH or show cause why the AGREEMENT should not be terminated. 18.3 17.3 If a provision of this AGREEMENT sets forth a cure period for the BREACH in question other than thirty (30) days, then that provision shall take precedence over the cure period set forth in Section 18.217.2. 18.4 17.4 No cure period is required, except as may be otherwise provided in this AGREEMENT, if: (a) this AGREEMENT sets forth specific deadline dates for the obligation allegedly breached; or (b) this AGREEMENT otherwise states that no cure period is required in connection with the termination in question. 18.5 17.5 The BREACHING PARTY will be deemed to have cured such BREACH if within the cure period it takes steps reasonably adequate to alleviate any damage to the NONBREACHING PARTY resulting from the BREACH and to prevent a similar future BREACH.

Appears in 1 contract

Samples: Nonexclusive License Agreement (Nanotailor, Inc.)

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Dispute or Breach. 18.1 All disputes concerning the interpretation or application of this AGREEMENT shall be discussed mutually between the PARTIES. Any disputes that which are not disposed of by mutual agreement shall be decided by the NASA Lead Associate General Counsel for the (Intellectual Property Law GroupProperty), or designee, who shall reduce the decision to writing and mail or otherwise deliver furnish a copy thereof to LICENSEE. LICENSEE may respond to such notice of a an adverse decision in accordance with the procedures set forth in Section Article 19.8. 18.2 In the event of a BREACH of any provision of this AGREEMENT, the NONBREACHING PARTY shall give the BREACHING PARTY notice describing the BREACH and stating that the BREACHING PARTY has thirty (30) days after receipt of the notice of the BREACH to cure the BREACH or show cause why the AGREEMENT should not be terminatedterminated in accordance with Article 19.8. 18.3 If a provision of this AGREEMENT sets forth a cure period for the BREACH in question other than thirty (30) days, then that provision shall take precedence over the cure period set forth in Section Article 18.2. 18.4 No cure period is required, except as may be otherwise provided in this AGREEMENT, if: (a) this AGREEMENT sets forth specific deadline dates for the obligation allegedly breached; or (b) this AGREEMENT otherwise states that no cure period is required in connection with the termination in question. 18.5 The BREACHING PARTY will be deemed to have cured such BREACH if within the cure period it takes steps reasonably adequate to alleviate any damage to the NONBREACHING PARTY resulting from the BREACH and to prevent a similar future BREACH.

Appears in 1 contract

Samples: Partially Exclusive License Agreement (Regenetech Inc)

Dispute or Breach. 18.1 All disputes concerning the interpretation or application of this AGREEMENT shall be discussed mutually between the PARTIES. Any disputes that are not disposed of by mutual agreement shall be decided by the NASA Lead Agency Counsel for the Intellectual Property Law GroupProperty, or designee, who shall reduce the decision to writing and mail or otherwise deliver a copy thereof to LICENSEE. LICENSEE may respond to such notice of a dispute decision in accordance with the procedures set forth in Section 19.819.7. 18.2 In the event of a BREACH of any provision of this AGREEMENT, the NONBREACHING PARTY shall give the BREACHING PARTY notice describing the BREACH and stating that the BREACHING PARTY has thirty (30) calendar days after notice of the BREACH to cure the BREACH or show cause why the AGREEMENT should not be terminated. 18.3 If a provision of this AGREEMENT sets forth a cure period for the BREACH in question other than thirty (30) calendar days, then that provision shall take precedence over the cure period set forth in Section 18.2. 18.4 No cure period is required, except as may be otherwise provided in this AGREEMENT, if: (a) this AGREEMENT sets forth specific deadline dates for the obligation allegedly breached; or (b) this AGREEMENT otherwise states that no cure period is required in connection with the termination in question. 18.5 The BREACHING PARTY will be deemed to have cured such BREACH if within the cure period it takes steps reasonably adequate to alleviate any damage to the NONBREACHING PARTY resulting from the BREACH and to prevent a similar future BREACH.

Appears in 1 contract

Samples: License Agreement (Vantage Health)

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